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If plan for a $22 million reservoir is ditched, southern Utah city could face building moratorium and land in legal hot water

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If plan for a  million reservoir is ditched, southern Utah city could face building moratorium and land in legal hot water


Ivins • If plans to build Dry Wash Reservoir in Ivins are ditched, the Washington County Water Conservancy District will not be able to fulfill its contractual obligation to supply water to the southern Utah city.

That’s the alarm Zach Renstrom, general manager of the district, sounded Wednesday evening at a public meeting on the $22 million reuse reservoir planned for 90 acres in west Ivins between Kwavasa Drive and Highway 91.

Moreover, he added, that would only signal the beginning of the city’s problems. For starters, the district would have to huddle with city officials to discuss when they might implement a moratorium to stop any further building.

Since Ivins has already approved a lot of new permits for construction, Renstrom said that would put city officials in the unenviable position of having to tell developers they couldn’t proceed as planned to build the agreed-upon number of homes.

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“They will get sued …,” Renstrom told the crowd that packed Rocky Vista University. “I will guarantee I’ll be the first one on the stand and they’ll ask me the question, ‘Could you have got water to Ivins city? And I [would say] ‘Yes, we have a plan [for a reservoir] that had been approved by multiple engineers. It’s a plan that had gone through environmental analysis. But we were not able to build that because the city said we weren’t [able to]. So therefore I can’t fulfill my contractual obligations [to Ivins].’”

Ivins dependent on district water

Currently, Ivins gets about 80% of its water supply from the district. Renstrom noted the city’s own water supply ran dry long ago. “But you are still able to grow today because you are getting water from the water district,” he said, adding a lot of the city’s water is currently coming from Sand Hollow Reservoir, Snow Canyon and St. George.

Dry Wash Reservoir, along with Graveyard Wash, a reuse reservoir planned for the Santa Clara area near Highway 91, is key to the water district’s plan to secure another 47,000 acre-feet of water by 2042 to keep pace with growth. By storing treated wastewater that could be used for outdoor irrigation, the reservoirs would free up culinary water to be used to supply new homes.

Doug Bennett, the district’s conservation manager, said implementing stricter conservation measures would account for about 11,400 acre-feet of the 47,000 acre-foot total. Most of the balance is projected to come from 100 projects — including a regional reuse water system — the district plans to build at a combined cost of more than $1 billion, most of which would be funded by impact fees.

(Mark Eddington | The Salt Lake Tribune) Washington County Water Conservancy District general manager Zack Renstrom talks about the importance of Dry Wash Reservoir at a public meeting Wednesday, Feb. 21, 2024, at Rocky Vista University in Ivins. Ivins Mayor Chris Hart is seated onstage to Renstrom’s right.

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In its current configuration, Dry Wash Reservoir would hold 1,500 acre-feet at its fullest point and be drawn down to a conservation level of 300 acre-feet during the hot summers when the water would be distributed to areas as needed.

During dry years, according to the district, the St. George wastewater plant would pipe treated reuse water to Dry Wash for storage. In wet years, the reservoir would store water from Gunlock Reservoir, which could then capture and store more spring runoff from the surrounding mountains. Without a place to store reuse water, the water would be discharged into the Virgin River to flow downstream into Lake Mead.

Residents not sold on Dry Wash

Still, many residents at Wednesday’s meeting were not sold on the merits of locating a storage reservoir in the middle of a fast-growing residential community. Chief among their concerns is that when Dry Wash’s water levels are lowered during hot summer months, it would expose much of the lakebed to high winds they argue could blow dust clouds across Ivins and neighboring Santa Clara.

Ivins resident Wayne Pennington, a geophysicist and retired dean of engineering at Michigan Technological University, addressed the dust issue in a short video presented at the meeting. He noted the water district’s current design for Dry Wash calls for a reservoir with a high-water elevation of 3,044 feet above sea level, four feet higher than the amount specified in an Environmental Assessment conducted in 2004.

Pennington said the current design would expose 47 acres of lakebed during the summer, resulting in “areas muddy with bugs or dry with wind-borne dust.” By way of contrast, he explained, that exposed lakebed would be larger than the entire 37-acre surface area of nearby Ivins Reservoir.

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“Just imagine an area one and a quarter times that of Ivins Reservoir drying up [and] blowing dust from reuse water inside Ivins city next to residential areas,” Pennington stated in the video.

To reduce the size of the exposed lakebed and potential for dust clouds, gnats and other negative impacts opponents have expressed concerns about, Pennington is proposing a smaller reservoir with a high-water elevation of 3,038 feet. Unlike the current iteration for the reservoir, his design would not include a 66-foot dam that critics argue could leak or overflow and pose a risk to nearby homes.

“These problems may be reduced, although not eliminated, by lowering the height of the proposed reservoir … ,” he asserted in the video, adding “Ivins will need to address these issues before approving the reservoir.

District officials and their engineering consultants countered Pennington’s suggestion for a smaller reservoir, arguing that cutting the size of the reservoir would significantly reduce its carrying capacity. Moreover, they added, independent experts and dam safety experts with the state Division of Water Rights have reviewed and signed off on the dam in the current design for Dry Wash.

Renstrom said the district has already spent considerable time and money exploring possible alternative locations to Dry Wash for a reservoir, none of which panned out. As for those who want Graveyard Reservoir built first to give opponents more time to explore alternatives to Dry Wash, Renstrom said a track from a Mojave Desert Tortoise, which is listed as a threatened species under the federal Endangered Species Act, was recently discovered at the Graveyard location, which has complicated plans for that reservoir.

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If Dry Wash Reservoir is built as planned, the district will be responsible for all operation and maintenance costs. Ivins has agreed to pay for dust mitigation and dealing with insects should problems arise. Before assuming that obligation, though, Mayor Hart said the city will hold several work sessions open to the public where elected officials can hear from experts about the reservoir and its perceived risks, address concerns raised by opponents and discuss the city’s options.



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Utah hit with largest measles outbreak in over 30 years

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Utah hit with largest measles outbreak in over 30 years


Utah has been hit with the largest measles outbreak in more than 30 years.

The Utah State Epidemiologist stated that it’s the most contagious disease scientists know of.

As of this month, the Utah Department of Health and Human Services reported 115 confirmed cases.

MORE | Measles

“It’s a little surprising to see an uptick in measles, but it’s not surprising to hear that Utah County is one of the places where we have seen more of those cases,” said Elsie, a Utah County resident with several children in local schools. “I think because there’s kind of been a movement towards anti-vaccination.”

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Samantha Marberger, who also lives in Utah County and has a young child, said measles wasn’t something she thought was here.

“I’ve heard of big outbreaks like that in Texas and a few other places, but it wasn’t something that I thought was as local,” she said.

Utah State Epidemiologist Leisha Nolen called the outbreak “extreme” and “really concerning.”

“Why does the health department believe this is happening now? Is this like a delayed reaction of previous low vaccination rates?” 2News asked her.

“Yeah, I think unfortunately our vaccine rates have gone down over time, and we do now have a number of people who are vulnerable to this infection, and they haven’t been protected,” Nolen said. “There also has been cases in neighboring states, and so it was easy to introduce here in Utah.”

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The DHHS stated that roughly 90% of the population is vaccinated, but those rates vary from area to area and aren’t enough to reach herd immunity for measles.

“Measles is highly contagious. It’s the most contagious infection we know of,” Nolen said. “The data historically says that if you have 20 people in a room and somebody with measles comes in, 18 of those people are going to get measles.”

She said that since the outbreak started, the health department has given 30% more vaccines than they did last year at this time. She said most infections can be traced back to southwestern Utah and appear to be from in-state travel.

“It’s likely in Utah, many hundreds of Utahns who are vaccinated have been exposed to this virus, and they did not know it, and their bodies fought it off as it should,” Nolen said.

The second largest outbreak in Utah is in Utah County, with 10 confirmed cases.

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The state is asking people to cooperate with the health department’s contact tracers if they call.

If you suspect measles in yourself or a loved one, they urge you not to go to a clinic waiting room but call ahead for the next steps to stop the spread.

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Widow of slain Utah County sergeant testifies in favor of accomplice’s parole

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Widow of slain Utah County sergeant testifies in favor of accomplice’s parole


EAGLE MOUNTAIN, Utah — Nannette Wride-Zeeman says her late husband, Utah County Sheriff’s Sergeant Cory Wride, is still very much a part of her life nearly 12 years after he was ambushed and killed in Eagle Mountain.

On Tuesday, Wride-Zeeman did something that might surprise many people: She testified in favor of parole for Meagan Grunwald, the young woman who was an accomplice in her husband’s murder.

Wride’s killer lost his life in a shootout with police the same day as the ambush. But Grunwald, who was with the shooter, has been serving time for her role in the crime.

Before the parole hearing, Wride-Zeeman met Grunwald face to face on Monday for the first time since the tragedy.

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“She was in the other room, hyperventilating and sobbing. And she was so afraid to come and meet me. And I can’t even tell you. The days and probably weeks of sleepless nights I had, being afraid to meet her, and what do I say, and how do I, how do I do this, and am I making a mistake, and like all these things that it felt in my heart, just this calm feeling like it was the right thing to do,” Wride-Zeeman said.

“She was so afraid that I was going to be angry with her, and those angry days have long passed,” she said.

When Grunwald entered the room, the emotion was overwhelming for both women.

“And she came walking in, she had her hands over her face, and she was still sobbing and she was shaking. And I just saw this little girl that was just terrified,” Wride-Zeeman said.

“And she’s sitting across from me, and she, her hands or her face are in her hands, and she’s just sobbing, and she keeps repeating, I’m so afraid, I’m so afraid. I’m so sorry, I’m so sorry, I’m so afraid, just back and forth. And when she got done, I said, Megan, you don’t have anything to be afraid of. I said, Look at me, and she looks up at me, and I see her blue eyes and all the tears,” she said.

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What happened next was a moment of healing that lasted three hours.

“So I walked over to her, and I went like this to her, and she stood up, and we embraced for the first time, and she just sobbed and sobbed. And I just held her and I said, do not be afraid of me. We’re here to heal. And it opened up 3 hours of healing,” Wride-Zeeman said.

The widow says she has completely forgiven Grunwald and wants to be part of her life when she’s released.

“I said, you can’t live with me, but I want to be a part of your life when you get out, and I want us to stay in touch. I am your biggest cheerleader, and I want to see you find your happy like I did, because I never thought I’d be happy, and here I am happier than I’ve ever been in my life, and I want her to find that. And we talked about what her dreams are, what her passions are, how she wants to give back to the community, to people, across the board, including veterans and first responders,” Wride-Zeeman said.

Wride-Zeeman says 100 percent she has forgiven Grunwald and wants nothing but the brightest of futures for her.

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Utah Supreme Court considers defamation lawsuit over ‘Sound of Freedom’ movie

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Utah Supreme Court considers defamation lawsuit over ‘Sound of Freedom’ movie


SALT LAKE CITY — The state’s top court is considering whether to allow a defamation lawsuit to move forward over the movie “Sound of Freedom” and its portrayal of a villain in the movie.

On Wednesday, the Utah Supreme Court heard an appeal by Angel Studios, the filmmakers who created “Sound of Freedom” and Operation Underground Railroad founder Tim Ballard. They are being sued by Kely Suarez, who alleges the central villain character in the movie has defamed her and ruined her reputation.

Cherise Bacalski, Suarez’s attorney, said the character of “Katy Giselle” in the film is “a kingpin sex trafficker.”

“And she never was,” Bacalksi said of her client.

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Before the Utah Supreme Court, Bacalski argued Suarez was a college student who was caught up in a raid that Ballard was involved with in Colombia.

A lower court allowed Suarez’s lawsuit to move toward trial. The studio and Ballard have appealed, arguing they are protected under a Utah law designed to safeguard speech and that the film is a docudrama that is “based on a true story.” The justices grilled lawyers for all sides about the level of involvement each party had and whether promotion of the film crossed any lines.

“Here it’s alleged the movie itself was defamatory and Angel Studios is the one who is putting out the movie,” Justice Paige Petersen said during Wednesday’s hearing.

Robert Gutierrez, an attorney for Angel Studios, insisted to the court that while the film may be based on Ballard’s experiences, there were disclaimers in the film.

“The Katy Giselle character was, in fact, a composite character in order to make it a subject matter the viewing public could actually watch,” he argued. “And fulfill the writer’s mission about the ugly truth of child trafficking.”

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The justices questioned where the line is in a “docudrama” or when things are “based on a true story.”

“So under your definition is this a movie of and concerning Mr. Ballard? Or is that they happen to use the same name?” asked Justice John Nielsen.

Gutierrez replied it was a story “inspired by Tim Ballard.” Later in arguments, he noted that Suarez had actually been convicted of criminal charges in Colombia. That was something Bacalski said was not properly before the court and she argued against the veracity of it.

“We also believe the conviction is unreliable, coming from Colombia and really under suspicious circumstances,” she told FOX 13 News outside of court. “That conviction would not likely stand because of the constitutional protections we enjoy in the United States of America.”

Ballard’s attorney, Mark Eisenhut, argued that his client was not involved in the movie-making itself. Ballard was consulted as the film was being created.

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“I do not believe there’s any evidence of him producing, writing, directing, anything of that nature,” Eisenhut argued.

The justices took the case under advisement with no timeline for a ruling. The movie, which starred Jim Caviezel as Ballard, went on to become a box office success in 2023.

“She’s very hopeful our justice system will do her justice,” Bacalski said of Suarez outside court.

Ballard faced a number of lawsuits and accusations of misconduct that led to ties being cut with Operation Underground Railroad, the anti-human trafficking organization he founded. He has denied wrongdoing and filed his own defamation lawsuit against some of his accusers.





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