The Right to Own Property

Written Testimony of Benjamin Slough

area individuals or

"The Omnibus Property Rights Act of 1995"

Dear Senator Hatch,

July 6, 1995

We in the Benjamin slough area are very concerned about property rights and the takings of property which exist. We feel that The Omnibus Property Rights Act of 1995" will be one of the things that will help to relieve property owners of some of the problems we are faced with.

Our situation is a little different than many being addressed, in that it is not the actual taking of property but restricting how and to what extent some of the property in this area can be used. Our problem comes from not being allowed to maintain the Benjamin Slough as the flow of drainage water from a large portion of southern Utah County, brings sediment that settles in this slough causing it to restrict the flow of water more and more over the years. This needs to be maintained on a yearly basis where needed, to keep the flows moving out of the area. We are seeing these flows. increase as development in the areas about us take place and also as more water comes into the valley it increases the amount of water to be drained out of the area also. The increased water comes from the added population, which is drilling more water wells and increasing the amount of ground water in the area. And drainage from other sources such as irrigation of upstream land, the unconsumed water from households which enters the water table through field drains and much of the area above us being covered with buildings and pavement.

All of these items combined are very critical to the existence of those of us who farm, ranch, and reside in the Benjamin Slough area. In some past years approximately 2600 acres have been flooded with surface water, due to the fact of restricted flow of Benjamin Slough. As a result of the minor maintenance allowed in 1995 this flooded acreage was reduced by 50%. Although not flooded with water mach acreage beyond this area is detrimentally affected as water is high. Nearly every spring, water from all the entities that have water, drain into the Benjamin Slough, which include a great number. of different sources. Some of these sources are mountain runoff, surface runoff from storms, underground drains, water discharged Exem city sewer plants and numerous others. These all combined are the cause of great grief and economic loss to many people, as well as the health threat posed because of backed up septic tanks and stagnant water which creates a breeding area for mosquitos. Much of this could be reduced greatly if utah County were allowed to maintain the Benjamin Slough through the removal of sediment as needed for its entire length, and thus increase the flow of water to Utah Lake.

During the week of January 15-21, 1995, Utah County was allowed by the State of Utah to remove sediment from approximately .38 of a mile section of a 1.5 mile part of the Benjamin Slough, all of which needs maintenance badly. There is also another section approximately .75 miles long directly south of this area which

needs maintenance badly alao. We have seen this maintename increase the flow 25% to 358, which makes a considerable differanos when the Benjamin Slough flows in excess of 200 cubic fent pa semend at high peaks. This removal of material allowed flood da to move out of the area much more rapidly and into Utah Lake Although many areas will remain under water 3 months or ma because much more sediment must be removed for the flows to be they should. The increase in flow this year shows that this can be Improved if this work is accomplished. The 2000 feet that were allowed to be claaned had many unrealistic stumbling blocks as you can see from the documents included with this letter.

It is due time that those who suffer economical losses œ lesses of any other kind, and that the public health concerns in this area be corrected. We know from experience that unions something is done this problem of restricting the flow of the Benjamin Slough which creates flooding, that it will do nothing bak worsen as it has over the years. Projects of bringing water lat the Utah Valley have been of great benefit to the Valley as a viol as well as the individuals on the Benjamin Slough on their la away from this area. But this area has been wetter ever since Strawberry Project brought water into the valley and wi 12 affected in the future as other projects of this nature put water in the valley such as the Central Utah Project is doing. It is important that the area is provided adequate drainage these projects and other changes take place. We feel that the being of those in these areas need to outweigh the thoughts of arwy Corps, Audubon Society, Stone Fly Society and others like these who stop these things from taking place. They have no right to affect our property right in these matters as they are currently deing. with the ownership of the Benjamin Slough undefined, it has bee difficult to get cities, U.8. Forest Service, homeownEK S Landowners and others contributing to the problem to responsibility for maintenance. With the commitment of Utah Count to be the responsible party, we feel the maintenance should not restricted because of these different groups. There has apposition from the above mentioned groups in connection with desire to maintain the Benjamin Slough. All that is being asked, is to maintain the Benjamin Slough to the level that it can adequately handle the flows put into it, not to enlarge it from what it m whs. The Army Corps restrictions on the maintenance of the Benjamin Slough have been to restrictive for us to accomplish proper channe maintenance. Though the wetlands bill has good intent, we believe their actions in this specific case are inappropriate. We believe passage of this bill will help to maintain private property rights.

Sincerely.

Benjamin Slough Landowners