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Thursday, July 28, 2011

SV's Chris Benjamin objects to radio comments

LETTER
LETTER
LETTER

(Editor's note: The following letter of clarification was sent to the mayor and council of Star Valley.  A copy was provided to the Gazette Blog for the edification of Star Valley residents.  For background information on this issue, click the STAR VALLEY or WATER tabs at the right.) 

Star Valley Mayor and Council:

After hearing on the radio that my family's business is for sale and that we are unwilling to cooperate with the Town of Star Valley regarding an easement across our land for the purpose of a water pipeline, we are forced to defend our position again. We have heard comments like: "The Benjamins should give Star Valley an easement for a pipeline across their land because the facts/issues have changed" OR "If the Benjamins don't give us an easement across their land, we (The Town Of Star Valley) will just take it from them" OR "Since the Benjamins were instrumental in the incorporation of Star Valley, wouldn't it be ironic if they were the ones that would stand in the way of Star Valley securing a water supply for the residents of our community" OR "We need a water source from up on that hill where the water is cleaner than water down on the valley floor” OR "The town paid for the legal battle that the Benjamins won regarding the easement, so they owe it to us"...And more!!

As most people know, Payson Water Co. ( Brooke Utilities) owns the exclusive franchise rights to deliver drinking water to the majority of Star Valley.  So why would the Town of Star Valley entertain the idea of purchasing wells in Brooke's franchise area when the town has no legal, financial, or moral responsibility to do so?  Even if the Town of Star Valley were to purchase these wells without considering the easement issue, the town still has no place to store the water or a way to deliver it, let alone charge for it.

My family's position has never changed.  It would not matter who wanted to acquire an easement across our land.  Our objection to an easement has always been based on the likely potential of our business being de-watered.   Without the water beneath our land, our property and business would be nearly worthless.  Because of the complexity of this water issue, we don't think the majority of people have a real good understanding of what's at stake for our family.  The Town of Star Valley has verifiable data proving the communication between the Tower well and the PW1 and PW2 wells. My family's domestic well is located right between them and all three of them are hundreds of feet deeper than ours!  Unfortunatly, Star Valley's well monitoring program has been irresponsibly left to die so you will not be able to see the current data linking these wells.   Keep in mind that fractured granite has limited storage and questionable recovery.  So the old saying regarding wells -  “the one with the deepest straw wins" -  has my family more than a bit concerned.

On July13, 2011, I had what I thought was a confidential meeting with (Star Valley Town Manager/Attorney) Tim Grier at his request.  I chose to meet him on the Sky Run property so that he could see firsthand just what he was asking my family to give up.  He explained the Town's desire to own and acquire an easement for the wells next door to me.  I explained to him that giving an easement would essentially be gravely endangering my family's property and livelihood . Out of frustration over this easement issue, I told Mr. Grier that “maybe the Town should just buy our land and then they could put any easement across it that they wanted to.”  I also told him more than once that we really didn’t want to sell, but we felt that as long as those wells are just sitting there, our family will continue to be pestered with this easement issue.  I am very disappointed that this had to be discussed on the radio.

Shortly after our efforts of a successful journey to incorporate Star Valley, we realized we were lacking one key ingredient needed with regard to the so called water war.  Our town did not own a well.  Out of all the potential donors in the newly incorporated Town of Star Valley, it was the Benjamins that stepped up and donated a well so Star Valley would have legal standing in Court.  Besides the incorporation effort, our family was involved in the formation of the Diamond Star Water Coalition, setting up and maintaining a well water monitoring program, setting up and serving on Planning and Zoning, serving on the Roads and Streets Committee, serving on the Water Committee, serving on the Board of Adjustments and more. Our family has done its share to protect and secure this community's future water supply. There are those that are standing in the way of what this town was built on, but it's not the Benjamin family.

Chris Benjamin

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