Commission agrees to negotiate with feds - sort of

Friday, Sept. 17, 1999 | 1:59 a.m.

"My suggestion would be that this commission go on record that the only item that we will not negotiate is ownership of the road," Commission Chairman Tony Lesperance said.

Despite agreeing to negotiate, the county is directly challenging the threatened federal lawsuit over the county's work to repair the flood-damaged road.

The government is seeking to recoup $400,000 in costs it claims the Forest Service incurred in obliterating the county's repair work on a 900-foot stretch of the road.

Additionally, the U.S. Attorney's office is pursuing potentially millions of dollars in fines for the county's alleged violations of the Clean Water Act, which Assistant U.S. Attorney Steven Myhre claims continue as long as the dirt and other fill materials dumped in the Jarbidge River by the county remain in place.

At a maximum fine of $27,500 for each violation, if the county were to be found in violation for every day since its original two days of work began on July 21, 1998, that fine would stand at $11.6 million, the Elko Daily Free Press calculated.

Commissioners remain adamant they did nothing wrong by exercising the county's emergency powers to reopen the canyon portal into the Jarbidge Wilderness area.

"It's our road. We should behave as owners," said Commissioner Brad Roberts.

Nonetheless, in receiving a "strong recommendation" from the Elko County district attorney's office that they proceed with negotiations, there was little debate over agreeing to hear what the U.S. attorneys have to say.

"Settlement may not be possible," Deputy District Attorney Kristin McQueary told the board, "but it couldn't hurt anything for us to go down and speak to the U.S. attorney's representatives in a pre-trial negotiation posture."