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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Off-roaders, environmentalists vie for canyon

Associated Press The Spokesman-Review

BALLARAT, Calif. — Whoever named Surprise Canyon got it right. Mere miles from bone-dry Death Valley, the canyon cradles two unexpected jewels: a gushing mountain stream and what’s left of a once-bustling silver mining town.

These treasures have attracted visitors for decades — and now they’re at the heart of a legal battle between off-road drivers and environmentalists.

Five years ago environmentalists successfully sued to get the narrow canyon and its spring-fed waterfalls closed to vehicles, arguing that the federal Bureau of Land Management was not carrying out its duty to protect the land.

In response, more than 80 off-roaders purchased tiny pockets of private land at the top of the canyon, and now they’re suing the federal government for access to their property, arguing that the canyon is a public right of way.

The fight over Surprise Canyon boils down to whether the rights of private property owners trump the protection of a fragile oasis on public land. The off-roaders have dusted off a Civil War-era mining law that places the public access rights of local governments and private individuals above the rights of the federal government.

Environmental groups allege that, before they won protection for the area in 2001, off-roaders destroyed the canyon by cutting trees, dumping boulders in the water and using winches to drag their Jeeps up the waterfalls. They are seeking to intervene in the off-roaders’ lawsuit.

Environmentalists believe the canyon’s ecosystem could crumble if the off-roaders prevail in their lawsuit, filed in August.

Similar arguments are being used in right-of-way lawsuits elsewhere in the West.