On Tuesday, the U.S. 10th Circuit Court of Appeals upheld an earlier lower-court decision, which ruled that Salt Creek Canyon in Canyonlands National Park is not a state highway.
The petitions, filed by San Juan County and the State of Utah, pursued an appeal of the case in hopes of reversing the decision. The spokesman for Southern Utah Wilderness Alliance, Steve Bloch, said the request was unanimously rejected by all judges on the board.
“We’re celebrating the 50th anniversary of the establishment of Canyonlands National Park. It is fitting that [this decision] should come out now,” Bloch said. “The Salt Creek Canyon, this incredible stream in the heart of Canyonlands National Park, that’s really one of the crown jewels of Canyonlands National Park, is going to be free of motorized vehicles.”
Current law states there must be 10 years of continuous vehicle use in an area for it to be considered a highway. This case ruled that occasional use of the site by adjacent land owners and cattle ranchers does not constitute continuous use.
According to Bloch, the state is currently engaged in more than 20 similar cases, which argue that 36,000 combined miles of dirt trails and cow paths are state highways. Bloch said this decision will make the other cases more difficult for the state.
“They said that they were going to make real headway with this decision, to proving up these other road claims, but what we see at the end of the day is that the circuit court decision is making it much harder for the state and county to pursue these types of claims,” he said.
The perennial river under dispute and Angel’s Arch make the area a popular destination for backpackers. He said this decision will help preserve the location in its primitive condition.