2012-04-12                     Senate Journal                      Page 2214
HJR 40                                                                                                                        
Senators McGuire, Dyson, Giessel, Wagoner, Coghill, Menard moved                                                                
and asked unanimous consent to be shown as cross sponsors on CS                                                                 
FOR HOUSE JOINT RESOLUTION NO. 40(JUD) Commending the                                                                           
governor and the administration for aggressively working to protect                                                             
the interests of the state in rights-of-way under R.S. 2477; urging the                                                         
governor and the attorney general to develop a working alliance with                                                            
the governors, attorneys general, and legislatures in other western                                                             
states to protect and enforce the states' interests in ensuring access                                                          
using rights-of-way authorized by R.S. 2477; urging the governor and                                                            
the attorney general to support the interests of the State of Utah and                                                          
southern counties of Utah in R.S. 2477 rights-of-way by actively                                                                
seeking confirmation of R.S. 2477 rights-of-way through various                                                                 

2012-04-12                     Senate Journal                      Page 2215
means, including initiating litigation in this state; urging the governor                                                       
and the attorney general to develop a strategy for resolving the dispute                                                        
over the right to continued access using R.S. 2477 rights-of-way in the                                                         
state, including the possibility of bringing lawsuits against the federal                                                       
government to preserve the state's interest in rights-of-way; urging the                                                        
governor to further strengthen the resources of the state for protecting                                                        
the state's rights by continuing to focus the efforts of the Department                                                         
of Law, the Department of Natural Resources, the Department of Fish                                                             
and Game, and other departments on defending the state's rights and                                                             
powers with regard to access and federalism issues; and urging the                                                              
United States Congress to enact legislation requiring federal agencies                                                          
with land management authority to establish a process to recognize                                                              
valid R.S. 2477 rights-of-way claims expeditiously after a notice of                                                            
intent to claim an R.S. 2477 right-of-way has been filed without the                                                            
need to dispute those claims in court and to participate in good faith in                                                       
the process. Without objection, it was so ordered.