Capitol Reef Administrative History

CHAPTER 16:
ROADS, TRAILS, AND UTILITY RIGHTS-OF-WAY (continued)

Power And Telephone Utilities

Throughout the early years of Capitol Reef National Monument, there was little concern over utility construction and rights-of-way. [185] Because the region was rugged and sparsely populated, utilities were seldom constructed. The two significant periods of utility development during the monument era occurred in 1947-48, when the first electric lines were brought into Fruita, and 1959-62, when the power lines were extended through the Fremont River canyon and telephone service finally came to Capitol Reef. From the 1970s to the early 1990s, action has been limited to attempts to upgrade the current system and prepare for future utility needs.

Early Telephone And Electric Service

When Capitol Reef National Monument was created on Aug. 2, 1937, there was no power to or through monument lands. The single-wire telephone line through Capitol Gorge, strung by ranchers from Notom and Caineville in the 1910s, was in poor condition. [186] By 1943, the line was reported to be abandoned and in need of removal. [187] This line was eventually taken out, leaving only the metal support pipes through the narrower sections of Capitol Gorge. These are still visible, projecting from the cliff walls.

Shortly after the end of World War II, the residents of Fruita petitioned to have a power line brought down from Torrey as part of a rural electrification project. [188] In September 1947, Garkane Power Association, Inc., the regional rural electric cooperative, formally applied for a permit to stake and build the line east from Torrey to Fruita. [189] The line was to be approximately nine miles long, and would cost Fruita residents $6,000. Since many of Fruita's residents lived elsewhere in the winter, they felt they should not bear the entire costs themselves, and asked if the National Park Service could "assume the proportionate share of the load." It is unknown exactly how much of the final bill was paid by the National Park Service. [190]

Throughout 1947 and early 1948, Garkane surveyed and installed power poles along a line of its own choosing, since Zion National Park Superintendent Charles J. Smith could not spare any personnel to monitor the work. (Remember that Charles Kelly was still a volunteer custodian at the time.) [191] Yet, Garkane apparently made every effort to keep the poles and line out of view from Utah 24 between Torrey and Fruita. After a formal inspection of the completed line in May 1948, Superintendent Smith complemented Garkane for the "efforts [it] made to locate the line so as to be least objectionable to tourists, artists, and photographers." [192]

A formal, 20-year special-use permit for a 20-foot right-of-way from the western monument boundary to Fruita was signed on June 1, 1948, and electricity was soon flowing into the monument. [193] Telephone service, however, was still 12 miles away in Torrey, and the monument had no radio.

Utilities Through The Monument: 1959-1960

On Feb. 2, 1959, Garkane Power Association formally applied for a right-of-way for a 69-kilovolt transmission line through the Fremont River canyon along the same route as the proposed new highway. Zion Superintendent Paul R. Franke, who still supervised Capitol Reef operations, was initially concerned that the power line would "present a glaring intrusion upon the natural scenery and landscape, unless it could be well hidden or removed from the proposed route of the canyon road." [194]

Upon approval from the Washington office, however, Franke and Superintendent William T. Krueger met with Garkane representatives in Fruita in May 1959 to discuss the proposed route. They agreed that copper wire and vertical, three-phase construction would be employed. The project would be engineered and supervised by Intermountain Engineers, a Salt Lake City contracting firm that had recently built a power line through Grand Teton National Park. All parties agreed that the line should be constructed with primary consideration toward scenic preservation. [195]

Building the power line before the new highway was constructed meant there were bound to be conflicts between the two rights-of-way. Since it was easier to move a pole than the road, Garkane agreed, as part of its special-use permit, that "line changes and relocations due to interference with construction or special scenic views, must be at the Association's expense." [196]

On Sept. 31, 1959, a 20-year special-use permit was granted to Garkane Power Association. The permit allowed for a 10-foot utility right-of-way (five feet on either side of the center line) for 4.7 miles through the Fremont River canyon, and 1.2 miles of rephasing and relocating the existing line. [197] When a build-up of ice along the Fremont River halted construction in December, all but four poles were in place along the new right-of-way, and the existing line west of Fruita had already been upgraded. [198] The poles, some of which were placed in precarious positions more than 100 feet above the river, were all carried and set by hand. [199]

The following February, Superintendent Krueger asked that some minor changes be made in order to protect scenic values. [200] By March 1960, Krueger reported that construction of the 69-kv line was completed and the only work left for Garkane was the removal of "all evidence of damage to the terrain." Krueger noted, "The work was done by the Power Association and not by contract. Considering the difficulty of the job, weather conditions and steep terrain over which the line was constructed we consider the work an excellent accomplishment." [201]

When the road was built through the Fremont River canyon in 1961-62, only one power pole needed to be relocated. [202]

Telephone Line: 1962

On March 2, 1962, a contract was signed with Mountain States Telephone and Telegraphic Company to provide the first telephone service to the monument. The installation of the line was completed by the end of the month, and phones were operational by early May. [203]

Unfortunately, the author has not found specific documentation regarding this project. This is particularly frustrating, considering the telephone line, and thus its right-of-way, was located south of Garkane's power line. Not known is why Mountain States was allowed to construct its line between the south side of Sulphur Creek and north of the Fremont River (thus approaching Fruita over the top of Johnson's Mesa and down Behunin draw), why the line was not strung under the existing power line, and what specific special-use permit and right-of-way provisions were agreed upon. This telephone line was later abandoned when the telephone line was buried through to Fruita. [204]

Utility Rights-Of-Way On Monument Expansion Lands: 1964-67

Burr Trail Attempt

In 1963, Garkane Power Association petitioned the Bureau of Land Management to build a 69-kv transmission line across the Waterpocket Fold near the Burr Trail switchbacks, and a electric substation on state Section 16. This line was to serve the anticipated developments on the northern end of Lake Powell. The Bureau's Utah State director rejected this request on July 6, 1965, on the grounds that the project would be "incompatible with the significant scenic values of the area" and because alternative routes were available. The BLM appeals process upheld the earlier decision, and Garkane was prevented from gaining another utility right-of-way across the Waterpocket Fold. [205]

Pleasant Creek Power Line

The 7200-volt power line and accompanying telephone line strung along Pleasant Creek from the western park boundary to Sleeping Rainbow Ranch was apparently constructed by Lurton Knee sometime during the 1960s. On Oct. 16, 1967, Knee was granted a renewable utility right-of-way by the Bureau of Land Management. It was to cost $25 dollars for each five-year permit. [206]

Legislative Constraints: 1971

In recognition of the administrative barrier that the new 75-mile-long national park would create for largely undeveloped southern Utah, the enabling legislation for Capitol Reef National Park allowed for future utility easements and rights-of-way. It reserved the right, however, of the Interior Department to establish where those utility corridors would be located. Specifically, Section 5(b) of P.L. 92-207 says, "The Secretary shall grant easements and rights-of-way on a non-discriminatory basis upon, over, under, across, or along any component of the park area unless he finds that the route of such easements and rights-of-way would have significant adverse effects on the administration of the park." [207]

The National Park Service had consistently opposed the inclusion of this section into the park's enabling legislation. The agency argued that existing law allowed for utility rights-of-way, that the wording of the section was too vague, and that it did not allow for "adequate safeguards to protect the natural values of the area." Yet, since the department wanted the legislation to pass, officials resigned themselves to interpreting "significant adverse effect" as broadly as possible. [208]

Oak Creek Utility Corridor: 1969-79

In anticipation of a congressional requirement for future rights-of-way, there was a field investigation of possible utility corridors by Capitol Reef staff in September 1969. Based upon preliminary findings, Superintendent William F. (Franklin) Wallace concluded that Oak Creek was the best alternative for future power line construction. Wallace explained, "The canyon already has a livestock driveway, an active mining prospect, and an irrigation dam and canal. The canyon is also less scenic than others nearby." [209]

The superintendent also advised that a route along the Burr Trail should "definitely be avoided" and that underground lines would be impractical. [210] Based on Wallace's recommendation, Oak Creek became the accepted utility corridor in all park planning documents throughout the rest of the 1970s.

Proposed Garkane Upgrade: 1974-76

In early 1974, Garkane Power Association notified Superintendent Wallace that it wished to replace the existing 40-foot power line poles with 55-foot poles from Fruita west to the park boundary. Wallace was willing to accept this upgrade, seeing this as an ideal opportunity to move the power line away from the highway to less visible canyons near Sulphur Creek. He also realized this would be a good opportunity to combine the utility and telephone lines along the same poles. [211]

Unfortunately, Garkane had other goals in mind. The Intermountain Power Plant north of Caineville was then in the initial planning stages, and Garkane's real purpose was to begin dramatic upgrades to their lines in anticipation of these new developments. [212]

At an interagency meeting and field trip in August 1974, representatives from the National Park Service, Bureau of Land Management, U.S. Forest Service, and Garkane Power Association discussed various options for getting a new 138-kv line over the Waterpocket Fold, as allowed under the enabling legislation. Setting aside the previously designated Oak Creek corridor, the various officials looked at three alternatives around the Burr Trail. Also considered were other possible routes in the vicinity of Bitter Creek Divide, Red Canyon, and Dry Bench. Garkane preferred a route in the vicinity of Dry Bench. The parties agreed that once a single corridor was chosen, all other routes would be abandoned and incorporated into Capitol Reef's designated wilderness. [213] This agreement laid the foundation for future park managers to stipulate that there would be only one utility corridor in addition to the extant Fremont River canyon right-of-way.

Meanwhile, during 1975, proposed routes over the Waterpocket Fold for a 500-kv transmission line corridor were also investigated. These lines would carry power from either the proposed Kaiparowits or IPP coal-burning power plants. While this line was never built, it is interesting to note that all routes through Capitol Reef National Park were rejected either because of confining space (as in Oak Creek) or because the land was of unique scenic, "untrammeled" quality. [214]

In January 1976, Superintendent Wallace notified Garkane that any plans to build new utility lines through the park would have to be delayed until mutually acceptable routes were identified. [215] This resulted in an apparent compromise route from Torrey to Fruita through wash beds further south of the current right-of-way. A brief environmental assessment and archeological survey for the proposed new route and upgrade were completed by area Bureau of Land Management staff in October 1976. The BLM recommended that the line be built, and a 10-year special-use permit was granted by Wallace to Garkane for its construction. When the proposed Intermountain Power Project (IPP) site was relocated, however, 500-kv lines was no longer needed. [216]

Then, in the late 1970s, with the hope of resurrecting a smaller Intermountain Power Project, Garkane once again applied for permission to construct new transmission lines across the park. This time it hoped to utilize the designated Oak Creek canyon utility corridor. Superintendent Derek O. Hambly was extremely reluctant, for two reasons. First, he did not want new utility rights-of-way until a definite need was established. Second, Hambly questioned Oak Creek as the most preferable route for all future utility needs. Hambly proposed that a team be brought in from the regional office and Denver Service Center to investigate potential utility corridors. [217]

North Coleman Canyon (Dry Bench) Utility Corridor: 1980-1994

In July 1980, Regional Archeologist Adrienne Anderson, Robert Dunkley from the regional office, and Romeo Magalong from the Denver Service Center spent four days of field investigation in Capitol Reef. After examining the Oak Creek route, Anderson determined that extensive archeological deposits made future utility construction undesirable, even though it might be the cheapest route in which to build. The other two proposed corridors, either north or south of the Coleman Canyons, would take a power line directly over the top of the Waterpocket Fold. Of these two routes, a utility corridor up the benches north of North Coleman Canyon to Dry Bench and then on into the Dixie National Forest was seen as the least destructive alternative. Deputy Regional Director James B. Thompson explained, "This route has minimum impact to known cultural and natural resources, has relatively low visitor use potential and visibility, and is feasible from an engineering standpoint." [218]

The North Coleman Canyon (Dry Bench) route became the accepted alternative utility corridor in the 1982 general management plan. [219]

Proposed Garkane Upgrades: 1986-1994

In June 1986, Garkane informally notified Superintendent Robert C. Reynolds that it planned finally to reroute and upgrade the power lines from Torrey to Fruita. Faced with the end of its 1976 special-use permit, Garkane expressed a new willingness to use the alternative route proposed by Superintendent Wallace back in 1978. [220]

This route would follow the Fremont River, as proposed in the 1976 environmental assessment, before connecting with the existing 69-kv line east of Fruita. The significant change in this Garkane proposal was the association's desire for a much larger 138-kv line. Initially, park managers agreed to this plan, provided the line would not cross through Fruita. The National Parks and Conservation Association, however, learned of Garkane's proposal and challenged the need for a high voltage line.

Sometime in 1986, the National Park Service, Garkane, and the NPCA worked out a compromise. Garkane would apply for only a 34.5-kv transmission line, and the line would be moved out of the Fremont River gorge. NPCA also requested that the line be buried through the park. Garkane was willing to do this as well, provided public funding of such an expensive project could be procured. [221]

Members of the Utah congressional delegation attempted to secure this funding by including a rider on the FY 1988 Senate Interior Appropriations Bill that would enable Garkane to upgrade the utility lines to 34.5-kv. In response, the National Park Service offered to issue a new, five-year right-of-way permit (the old permit issued in 1949 and renewed in 1976 had just expired) that would allow for "maintenance and rehabilitation of the existing 12-kv transmission line in the present alignment." This permit was eventually issued by recently appointed Superintendent Martin C. Ott in the fall of 1987. [222]

Ott also began working with Garkane on the plan to bury the entire seven miles of the power line from the western park boundary through Fruita. [223] When funding for burying the entire line could not be obtained, the focus shifted to merely upgrading the existing line, adding new line east of Fruita, and exploring possible funding for burying the line only through Fruita. [224]

By the end of 1993, tentative funding was approved to bury the 34.5-kv transmission line through the Fruita Rural Historic District. A new right-of-way permit for Garkane is pending. [225]

This long-standing right-of-way stalemate seems to be moving forward again, to the benefit of both the National Park Service and Garkane Power Association. Given the history of alternative routes and upgrade possibilities, however, it is likely that the issue of utilities, as well as road rights-of-way, through Capitol Reef National Park will always be hanging over the heads of park managers.