Jarbidge protesters want to throw a shovel into deal

Greg Tuttle

Thursday, June 29, 2000 | 11:12 a.m.

A federal judge in Las Vegas was expected to rule today on whether to allow a group of protesters to shovel open a disputed national forest road in Elko County.

U.S. District Judge Phillip Pro was to decide if a group of citizens called the Shovel Brigade should be allowed to open South Canyon Road near the small town of Jarbidge during a protest gathering next week.

The federal government is seeking a temporary restraining order to stop the protest on national forest land. Federal officials say reopening the road could harm efforts to protect populations of bull trout in the Jarbidge River, which runs adjacent to the road. The fish have been listed as a threatened species under the Endangered Species Act.

The road leads to campgrounds near the Humboldt-Toiyabe National Forest and is a popular access into the wildnerness area.

Organizers of the protest, who are battling to open a 1.5-mile stretch of dirt road washed out by floods five years ago, have vowed to continue with their plans regardless of the court ruling.

"I am offended the Forest Service is telling me I can't even stand on South Canyon Road," protest leader Demar Dahl, a former U.S. Senate candidate, said during a meeting with Elko County officials Wednesday night. "I have a constitutional right to be there. And God willing, I will be."

The court action comes at the end of four months of failed negotiations between the Forest Service and Elko County to reach an agreement over reopening the road. Those negotiations stalled this week when Elko County commissioners decided to postpone signing an agreement until after the planned protest.

The proposed agreement allows Elko County to rebuild the road, provided the construction meets all environmental and wildlife impact regulations. The agreement also calls for creation of a bull trout recovery plan, regular meetings between federal and county employees and an economic development program for the town of Jarbidge.

The dispute has become a rally cry for many Westerners who oppose restrictions on public lands enforced by the federal government. Thousands of people are expected to gather at the site on July 4 when a group of Elko residents has vowed to reopen the road with 13,000 donated picks and shovels sent by supporters. The Associated Press contributed to this report.