Article clipped from Idaho State Journal

FOR SECOND TIMEJudge Refuses to Halt Teton Dam Work1301$ E, Idaho (AP) - For Hie second time a federal judge lias refused to Issue a restraining order to halt construction ofTefan Dam in eastern Idaho,Environmentalists seeking to stop the Mad Iso a County project were told by Judge Fred M. Taylor not to come back for a third Iry unless they have new evidence,The plaintiffs sought to re-slrain the U.S. Bureau of Reclamation from goto* ahead with construction of the multimillion dollar Irrigation project*Still pending Is a request for an injunction however»Boise attorney Dale lliger, representing Trent Unlimited, the Siena Club and other environment I groups, urged the case be set for trial on its merits within SO days if possible!U,S, District A tty. Sidney E. Smith suggested issues lie defined at a pretrial conference- in ruling Wednesday, Taylor The court believes, rightlyand Taylor said lie would at- said It was not tlio function of ™ wrongly, that Us only func-tempt to hold such a meeting in his court to overrule Congress Mm to determine whetherMay with the trial to follow in and the prestdent In determine the project is being carried outJunc- ing the merits of the project, in compliance with the law/' lie'Stop White Gloud Loopholes'WASHINGTON (A?) - Two Republican senatorial hopefuls from Idaho have submitted testimony before a Senate sut committee on parks and recreation concerning ihe Sawtooth National Recreation Area,Dr, Glen Wegner of Kendrick said Wednesday Idahoans want to stop the “perpetuation of loophole legislation1 h in order (o have true protection for the ‘ Sawtooth*White Clouds area, Wegner said people want no unnecessary mining permitted that would destroy the area because there Is no overriding national need to mine the molybdenum deposits found at Ihe foot of Castle Peak in thp White Clouds.But Rep. James McClure said he Y/aTited the legislation strengthened to protect existing mining claims in the area, in* eluding the molybdenum mine in question owned by American. Smelter and defining Co,McClure said the legislation should:- Enlarge the boundaries of the wilderness area beyond those of the primitive area already approved by the House of Representatives,- Leave management of fish and wildlife under the control of the State Fish and Game Department*- Put the proposed Sawtooth wilderness area back within the boundaries of the national recreation area*He said the bill does not enlarge, through special use permits, the rights of holders of existing valid mining claims,The hearing continues today*said*Taylor said all evidence ho had received indicated that il vas being done.He said no evidence was pre-. spnted Wednesday that would ■ cause him to change bis mind since a December hearing at which time lie refused to issue a restraining order also, lliger contended the project is tn violation of a federal law which requires a permit from the U,S4 Corps of Engineers for construction projects on navigable streams,The.corps does not considerthe Telon River navigable under terms of that law,Hlger also said the work now being done on the project exceeds that anticipated at the time Taylor refused to halt cotwstructlon last December, He • said il was agreed that wo:rk would only be undertaken on a diversion tunnel prior to ruling on the request for an ii Juncilong AssU Up$, At ty, Thomas Frost said all jvork currently under way is related to con* structlon of ihe tunnel.Idahg-Swe JournalNEWS OF EASTERN IDAHO AND THE STATETHUKSDAY, APRIL ia, 1972Section B • Ptgo I
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Idaho State Journal

Pocatello, Idaho, US

Thu, Apr 13, 1972

Page 17

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