Public Input Received on LTEMP EIS Alternatives………long wait, big fight, stay involved

Public Input Received on LTEMP EIS Alternatives
***********************************************

The Bureau of Reclamation and the National Park Serviceextended an opportunity for members of the public to provide input on LTEMP EIS alternatives after

Grand Canyon, Arizona. The canyon, created by ...

preliminary alternative concepts were published in a newsletter on March 30, 2012, and the agencies hosted a public workshop on alternatives in Flagstaff, Arizona on April 4 and 5, 2012. Input was received from the Basin States (consisting of the seven Colorado River Basin states and the Upper Colorado River Commission), the Colorado River Energy Distributors Association (CREDA), the Grand Canyon Trust, and the Irrigation and Electrical Districts Association of Arizona (IEDA). This input can be viewed on the LTEMP EIS website at
http://ltempeis.anl.gov/news/index.cfm#PublicInput

The LTEMP joint-lead agencies are reviewing this material and using it to inform development of alternatives to be considered in the LTEMP EIS.

For More Information
********************

To learn more about how you can participate in the EIS process, visit the “Getting Involved” page of the LTEMP EIS Web Site
(http://ltempeis.anl.gov/involve/index.cfm).

If you have questions or need more information, contact the LTEMP EIS Webmaster at ltempeiswebmaster@anl.gov

Please forward this message to any party you feel may be interested in the LTEMP EIS.

_________________CONTACTS/SUBSCRIPTIONS________________

FEEDBACK

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Support the Grand Canyon River Guides Boatman Quarterly Review. The finest publication I read

Hey all you BQR lovers out there!

 

It has come to my attention that the 2012 CIRCLE OF FRIENDS fundraising drive for the BQR is falling short by about $3

 

,00

0 year-to-date as compared to last year . Considering that we’ve vastly improved the BQR by moving to a FULL COLOR FORMAT, we would expect to be that much more ahead! We’ve received tons of heartwarming emails and notes from those of you who LOVE the new color editions of the BQR. GCRG wants to be able to continue to produce the BQR at this high quality level, so we really need the support of ALL of our members to make this happen. That means YOU!

So if you have not done so already, please consider contributing to the Circle of Friends fundraising drive TODAY! Thanks a million to all of you who have already donated — your support means the world to us.

Don’t worry if you lost your Circle of Friends letter we sent you in early May. You can contribute ANYTIME! Just put “Circle of Friends” in the memo portion of the check. The contribution levels are:

Friend $1 – $99
Sponsor $100 – $499
Protector $500 – $999
Steward $ 1,000 – $2,499
Advocate $2,500 – $4,999
Philanthropist $5000 or more

 

The BQR Circle of Friends makes you a direct contributor to the outstanding quality of our publication and our ability to

 

 

foster stewardship and advocacy for the Colorado River experience you love. Large or small, we appreciate any and all contributions and they make a BIGdifference! Thanks for your support!

Lynn Hamilton
Executive Director
Grand Canyon River Guides, Inc.
PO Box 1934
Flagstaff, AZ 86002
(928) 773-1075 phone
(928) 773-8523 fax
gcrg
www.gcrg.org

 

 

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BioScience Technician positions at Grand Canyon National Park

Grand Canyon National park is currently searching for up to 30 people to help out with Science and Resource ManagementactivitPoster for Grand Canyon National Park, Arizona...ies, including lots of fisheries

field work beginning in November. These positions are intermittent, meaning that there is no guarantee of work and no set work schedule. Intermittent employees are eligible to work up to 1039 hours in a calendar year, with extra paid training hours available as necessary. There is no housing, travel money, or insurance available. However, intermittent employees can receive overtime pay. While Grand Canyon is not guaranteeing any work, intermittent employees do not have to be available for every trip. This type of position is excellent for someone with a (flexible) job or someone that has other seasonal work and may be interested in working in the field when trips are available. These positions can be maintained for years to come.

For more information about the position, and for information about how to apply, please click the following link: http://www.usajobs.gov/GetJob/ViewDetails/322954400

There will be a lot of backcountry field work with the fisheries program this fall and winter, and other programs within Grand Canyon National Park‘s Science and Resource Management Division have project needs as well. We are especially interested in people with general science and backcountry experience. Please distribute this to anyone that think may be interested. Again, the position is open on USA Jobs from August 13-24.

Thank you,
Emily


National Parks & Conservation Association post on the Huffington Post about the Grand Canyon and NOISE!

National Parks: Are We Giving Up on Peace and Quiet to Allow More Noise?

The Grand Canyon is a steep-sided gorge carved...

Posted: 08/07/2012 6:39 pm

After a 14-hour drive and, hopefully, a good night’s rest, you get the family up early and together you hike the trail or stand at an overlook along the rim. There it is before you; one of the most magnificent sights on the face of the earth, a place that Theodore Roosevelt said could not be improved upon, the Grand Canyon. As you stop, basking in its glory, you are grateful to share the moment with your family. Then the perfection is shattered. The “whomp, whomp, whomp” of helicopters hovering above you shatters the quiet. In five minutes you are transported back to hustle and bustle of your busy life and your 12-year-old is now more interested in the helicopter than the vast canyon.

A similar story could be told about Yellowstone National Park, where the sounds of bursting geysers, bubbling mud pots, and chattering trumpeter swans get drowned out by the roar of snowmobiles in the wintertime.

National parks have a “wow factor” that captivates us — incredible views, natural wonders and amazing stories. During these trips, visitors look for experiences where you can take a moment to hear and see new things. If you visit a national park when you are a child, years later when you take your child or your grandchild you expect a similar experience. That is the promise made when a National Park site is designated. Most people come away from their visits inspired by their experience and ready to add another park to their bucket list.

Recently, the National Parks Service (NPS) announced a new winter plan for Yellowstone, which could double the amount of snowmobiles entering the park each day. This is concerning because the technology once promised to become cleaner and quieter is actually getting worse. The snowmobile manufacturers promised to improve these vehicles, but they are noisier and more polluting than the models built seven years ago. Sadly, the National Park Service’s latest proposal to increase snowmobile use is taking us backwards.

Additionally, Congress just weeks ago subverted a nearly final plan to reduce helicopter and other air tour noise heard by visitors enjoying the overlooks and hiking trails in the Grand Canyon. By sneaking in an amendment to the recent transportation bill, Congress carelessly cast aside the time, money, and public involvement spent on developing a new air tour plan for the Grand Canyon. That plan was fair for all visitors — it allowed air tours to continue while identifying areas where visitors on the ground could enjoy noise free areas. While these two actions individually directly impact these two National Parks, on a wider scale they contravene the NPS policies that promise visitors the opportunity to hear natural sounds — a wolf howling, a rushing river, or bursting water from Old Faithful.

Are we going to allow more noise in our National Parks?

National Parks are special and unique places where families can share a sense of wonder and pride that we take care of these awe-inspiring places just as President Roosevelt expressed. Is our generation giving up on the protection we have provided to these places? By downgrading protections for our greatest National Parks in order to allow noisy vehicles to drown out nature, we are not protecting these wonderful experiences so many generations before us have enjoyed. NPCA believes every generation deserves the chance to hear the sounds of nature (not just machines) that people expect in our National Parks.

from: http://www.huffingtonpost.com/tom-kiernan/national-parks-noise_b_1729148.html


Arizona Senators attempt to defend their actions…..poorly

Here is a recent Arizona Republic editorial by Senators McCain and Kyl, followed by a letter-to-the-editor response from Rob Smith of the Sierra Club:

Parks’ noise rules at Canyon went too far

Grand Canyon, Arizona. The canyon, created by ...

by John McCain and Jon Kyl – Jul. 21, 2012 12:00 AM

Our Turn

For over 100 years, people have found different ways to experience the magnificence of the Grand Canyon. Some spend weeks rafting down the Colorado River, while others are content with viewing a fraction of the Canyon’s landscape from man-made overlooks on the South Rim.

Many visitors choose to hike the Canyon, but its challenging trails aren’t for everyone. Fortunately, air-tour operators offer a unique sightseeing experience that’s invaluable to elderly and disabled visitors — including our wounded warriors — who may not otherwise be able to fully explore the Canyon.

The 1987 Overflights Act was intended to restore the park’s “natural quiet,” and we’re proud that today the Grand Canyon isn’t buzzing with the same free-for-all air traffic as it was then.

Regulations were created that tightened air-tour routes, created flight-free zones across much of the park’s airspace, and raised the altitude ceilings for aircraft. Air-tour companies also took the initiative and voluntarily installed $200 million worth of noise-reduction technology in their aircraft. Indeed, the National Park Service has already exceeded the original goal it mandated of making more than 50 percent of the park free of aircraft noise.

Regrettably, the new Park Service plan would have threatened this progress, arbitrarily moving the “natural quiet” goal post from 50 percent to 77 percent of the park and banning tours around sunrise and sunset. This would have deprived many visitors the chance to experience one of the most breathtaking sights in the world. That’s not what Congress intended when it passed the 1987 law, and it’s not justifiable today.

We share the Park Service’s goal of protecting the Canyon, and we have legislated a balance that was already achieved, as well as provided additional incentives to increase the use of quiet-aircraft technology.

We waited 25 years for the Park Service to develop reasonable standards, and when they failed to do so, it was time to act. The stunning beauty of the Grand Canyon will be shared among many Americans in many ways, just as it is today, ensuring that everyone has maximum opportunity to enjoy its full majesty.

John McCain and Jon Kyl, both Republicans, represent Arizona in the U.S. Senate.

McCain, Kyl back aerial clatter at Canyon

Jul. 24, 2012 12:00 AM

How sad that Arizona Sens. John McCain and Jon Kyl would say that visitors to the Grand Canyon should hear air-tour noise instead of the park’s natural quiet (“Parks’ noise rules at Canyon went too far,” Opinions, Saturday).

They say listening to helicopters and airplanes once every four minutes where most people visit is fine. And that’s supposedly the “quiet” half of the park.

And they say early-morning and evening hours should be times of aerial clatter, not magnificent stillness and calm.

And, to top it off, they blame the National Park Service for moving slowly when they themselves have led several congressional attempts to stall the agency from solving this problem for nearly 25 years.

Thanks to The Republic for speaking up for the Grand Canyon (“Congress bungles noise restrictions,” Editorial, July 5). I wish that voice could be heard by our senators above the commercial air-tour noise at the Grand Canyon.

Thanks to the Grand Canyon River Guides Association for this info.


Update on the Grand Canyon Escalade or Gondola to the Little Colorado River

We urge you to get informed about the plans for proposed development at the Little Colorado River (called Grand Canyon

Escalade) — check out the website posted by Confluence Partners LLC, the developer for the project: http://grandcanyonescalade.com

So far, there has been a great deal of opposition to the project from community members living within the Gap/Bodaway Chapter of the Navajo Nation. The Gap/Bodaway chapter has made two resolutions opposing the development and is poised for another meeting next week.

GCRG and other organizations are tracking this issue and coordinating our efforts.

The Little Colorado River is one of the spectacular “Awe” moments in a Grand Canyon River Trip. To watch someone who has been dealing with green or brown cold water for three days gaze in amazement at the turquoise blue warm waters of the “Little C” is worth the hard work. That view will be permanently co-opted by this project.

Jim


Navajo Nation attempting to build a tramway to the Little Colorado River

clip_image002

PO Box 1934

The Grand Canyon is a steep-sided gorge carved...

Flagstaff, AZ  86002

(928) 773-1075 phone

(928) 773-8523 fax

gcrg@infomagic.net

www.gcrg.org

Yá’át’ééh fellow river guides, boaters and Canyon lovers,

As I am writing this note, the Navajo Nation government is seriously contemplating approving a multi-million dollar tourism development at the Confluence of the Little Colorado and Colorado Rivers called “Grand Canyon Escalade.”   This past spring Navajo Nation President Ben Shelly signed a non-binding Memorandum of Understanding with Confluence Partners, LLC. to conduct a feasibility study of the proposed development which would include:

·         420 acres on the rim (resort hotel, commercial/retail space, RV park and other amenities)

·         3.5 acres down at river level (including an aerial tramway with gondolas to transport people from the rim down to the river, a restaurant, an 1100 ft. elevated “river walk” along the river, and an amphitheater).

If approved, the tribal government expects 3 million visitors as soon as 2015* on the East Rim of Grand Canyon – one of the last areas with no significant development.

Why should you be concerned?

Well, if the potential visual impact of a tramway snaking its way down the canyon walls and a restaurant at the bottom of Grand Canyon isn’t enough to concern you greatly, here are a few more reasons….

·         First and foremost – this is GRAND CANYON – one of the seven NATURAL wonders of the world.  It is Grand Canyon River Guides’ belief that the Grand Canyon and the Colorado River offer an experience of wildness and connection between the human spirit and the land that can be equaled in few places on earth today. We are caretakers of this wilderness experience so it is up to us to raise our voices.  If the Navajo Nation government approves this development, the integrity and sanctity of the visitor experience to the Confluence of the Little Colorado and Colorado Rivers will be severely compromised and degraded.

·         The Little Colorado River corridor and confluence is culturally and spiritually significant to ALL of the affiliated tribes who hold Grand Canyon sacred.  Grand Canyon is the place of emergence into this world for the Hopi and Zuni tribes, it is the homeland for the Navajo, Paiute, Hualapai and Havasupai peoples, and it is a living, sacred place for all affiliated tribes encompassing the springs, the plants, the animals and other resources that are such an important part of traditional and ceremonial practices.

·         A fragile, delicately balanced ecosystem is at stake.  Development of this magnitude cannot occur without significant adverse impacts that are exacerbated by associated problems such as light and noise pollution.  The Little Colorado River confluence area is also home to the endangered humpback chub.

·         The National Park Service (NPS) and the Navajo Nation disagree on the boundary issue.  The NPS contends that the boundary is located one-quarter mile east from the historic high water line on the Colorado River’s eastern bank.  The Department of the Interior’s Solicitor’s Opinion upholds this interpretation as does the BLM which critically reviewed the opinion during the construction of the new Marble Canyon bridge, and again found it valid. The developer contends that the boundary is where the vegetation ends at the water line.

·         Navajo Nation residents in the former Bennett Freeze area are in danger of being evicted if the development moves forward.  It is important to note that the Bodaway/Gap Chapter of the Navajo Nation recently voted against the proposed tourism development, so there is not a blanket mandate from the Navajo people to support this plan.

What can YOU do?

Although this issue seems so outlandish that it couldn’t possibly happen, we cannot ignore it for fail to speak out.  This is not just a Navajo issue. This is a Grand Canyon protection issue we all should be concerned about and one that NEEDS your voice of opposition.

Write an email AND a letter to:

ADDRESS:                                                                                                        ADDRESS:

President Ben Shelly                                                                                     The Navajo Times

Post Office Box 7440                                                                                    Highway 264 & Route 12
Window Rock, Navajo Nation, AZ  86515                                            Window Rock, AZ 86515–0310

EMAIL:  president.benshelly@navajo-nsn.gov                         Email: duane@navajotimes.com

             editor@navajotimes.com

 

We also encourage you to write a letter voicing your concerns to the Superintendent of Grand Canyon National Park.  We want him to know he has our support for preserving park values and resources for future generations.  He must stand firm.

 

ADDRESS:

Superintendent David Uberuaga

Grand Canyon National Park

PO Box 129

Grand Canyon, AZ  86023-0129

 

How can you learn more about this issue?

Articles:

*An AP article with the artist’s rendering of the aerial tramway can be found at:

http://www.boston.com/news/nation/articles/2012/03/24/navajo_nation_eyes_grand_canyon_for_development/ 

 

Websites:

http://savetheconfluence.com

https://www.facebook.com/SavetheConfluence

Tramway development at LCR Confluence


Study Reveals That The Colorado River Is The Top Employer In The Southwest U.S.

FOR IMMEDIATE RELEASE
Protect The Flows, http://protectflows.com/creating-jobs/

Colorado River Is The Top Employer In The Southwest U.S. and Major Economic Driver

“The Colorado River is the economic, cultural and social backbone of the Southwest. This is true for recreational uses of the river as well, as today’s report clearly demonstrates.”


Bicycle guide job in the Grand Canyon

Bright Angel Bicycles LLC, (a guide owned business) is looking for help in our guiding dept. We have developed the first bicycle rental and tour services located at the South Rim and operate several tours per day. The tours operate seasonally March –November weather permitting. The tours run in two directions, the most popular is the Hermit Rd tour followed by the new edition to the park trail system Yaki Point tour!

The Hermit Rd tour starts with a shuttle ride from the Mather Point Visitors Center (M.P.V.C) to Hopi Pt., from there it is 5.5 miles and 90% downhill to Hermits Rest. Total time is 3 hours including shuttle ride. Tours depart at 10am and 3pm.

The Yaki Tour starts at the MPVC and rides along the newly constructed greenway trail to (you guessed it) Yaki Pt.! The ride has a 150 ft. elevation gain on the way to Yaki and boasts total mileage of 5 miles round trip. Total time is 2.5 hours including shuttle ride. Tours depart at 10am and 3pm.Piece of cake for a Grand Canyon River Guide, right? You can even bring your old juice container that has been converted into a water bottle if you like!!

If you are looking for work in the shoulder seasons we operate a café year round!! Check our website for current job postings.

Photo of the Yavapai Observation Station in Gr...

Photo of the Yavapai Observation Station in Grand Canyon National Park South Rim. Photo by Ross Statham, October 2004 NOTE: This image actually depicts the Desert View Watchtower, as was pointed out on File talk:Yavapai Observation Station.jpg at 04:10, 13 January 2007 UTC by Nebular110 (talk • contribs) . (Photo credit: Wikipedia)

Requirements:

             Current Community First Aid or greater (WFR)

             Current CPR card

             Two years guiding experience including well rounded interpretation of geology, biology, archaeology and recent human history

             Must be comfortable speaking to groups/ Must be able to ride a bicycle

             Must be 18 years old

Details:

             $40/tour + tip

             $65/tour if you only guide one per day

             Housing available on a limited basis with minimal rental fee

             Some limited carpooling will be available

Send resumes to BABrentals@gmail.com  Phone: 928-814-8704  Website: www.bikegrandcanyon.com

Bright Angel Bicycle Rentals & Tour Service
Grand Canyon Visitor Center, Grand Canyon National Park South Rim
Phone: 928-814-8704
http://www.bikegrandcanyon.com

BrightAngel_propercolors

What do you think? Leave a comment.

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Grand Canyon LTEMP EIS Scoping Report Available and Web-Based Meetings

LTEMP EIS Scoping Report Available
**********************************

Glen Canyon Dam

Image via Wikipedia

Public comments on the scope of the Long-Term Experimental and Management Plan (LTEMP) Environmental Impact Statement (EIS) for Glen Canyon Dam operations were gathered by the Bureau of Reclamation (Reclamation) and the National Park Service (NPS) during the Public Scoping Period, which closed on January 31, 2012. A series of public scoping meetings were held in November 2011. During these meetings, Reclamation and the NPS provided the public with information about the LTEMP EIS and opportunities to meet with and ask questions of technical experts.

Reclamation and the NPS have reviewed and evaluated the comments received and developed the “Summary of Public Scoping Comments on the Glen Canyon Dam Long-Term Experimental and Management Plan Environmental Impact Statement” (Scoping Report), which is now available on the Documents page of the LTEMP EIS Web site at http://ltempeis.anl.gov/documents/

Upcoming Web-Based Public Meetings
**********************************

Two Web-based public meetings will be held on March 27, 2012 at 1:00pm and 6:00pm Mountain Daylight Time. The public is invited to participate in these meetings, which will provide a summary of public comments on the scope of the LTEMP EIS. The public will be able to watch a live overview of the Scoping Report, and will have an opportunity to ask questions of technical experts and managers involved in the EIS.

Those wishing to participate are encouraged to register through the LTEMP EIS Web site at http://ltempeis.anl.gov/involve/pubschedule/, but registration is not required. Participants are encouraged to log on to the webcast about 15 minutes before the start of each meeting to ensure they are connected before the meeting begins. For instructions on how to join and how to ask questions during the meetings, see
http://ltempeis.anl.gov/involve/pubschedule/

For More Information
********************

To learn more about how you can participate in the EIS process, visit the “Getting Involved” page of the LTEMP EIS Web Site
(http://ltempeis.anl.gov/involve/index.cfm).

If you have questions or need more information, contact the LTEMP EIS Webmaster at ltempeiswebmaster@anl.gov

Please forward this message to any party you feel may be interested in the LTEMP EIS.

_________________CONTACTS/SUBSCRIPTIONS________________

FEEDBACK

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Grand Canyon Raft Company Summer Job

Poster for Grand Canyon National Park, Arizona...

Image via Wikipedia

Arizona Raft Adventures & Grand Canyon Discovery

Warehouse Personnel Job summary

Overview:

AzRA/Discoevry is a licensed concessioner for the Grand Canyon National Park. We offer 6 to 16 day rafting tours through Grand Canyon National Park on the Colorado River. We are looking for part/full time warehouse employees to help with pre and post trip logistics. The positions will be up to forty hours a week and run from April to October, 2012.

General Responsibilities:

Maintain a safe and clean warehouse/work area

Be able to work well with others

Be in sound physical condition (able to lift 70 pounds)

Maintenance and repair of river equipment

Assist guide crew in safely loading and unloading trucks

Pre packing equipment for outgoing river trips

Licenses and skills:

Must have a drivers license

Willing to obtain a forklift operator certificate

EQUAL OPPORTUNITY EMPLOYMENT

It is AzRA/Discovery’s to provide equal employment opportunity to all individuals based on job related qualifications. AzRA/Discovery complies with all federal, state, and local non-discrimination laws in all aspects of employment including recruiting, hiring, promotion, development, transfer, and disciplinary action.

DRUG-FREE WORK ENVIRONMENT AND SUBSTANCE ABUSE

AzRA/Discovery has always followed and will continue to follow all State, Federal, and National Park Service rules and regulations concerning a drug-free work environment (pre-employment and random drug testing).

HOW TO APPLY

Send a resume to fred and jed by March 19th. Include with the resume a phone number and your availability. This is no way a river position or away to become a guide.

Thank you,

Fred Thevenin

Arizona Raft Adventures & Grand Canyon Discovery

4050 E Huntington Dr. Flagstaff, AZ 86004

928-526-8200, 800-786-7238

www.azraft.com, AzRA on Facebook, AzRA YouTube Channel

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AZ Republic – Congress must not derail anti-noise plan

Congress must not derail anti-noise plan

Mar. 1, 2012

The Republic | azcentral.com

After years of work, and decades of delay, the National Park Service is about to adopt a plan to manage aircraft noise at the Grand Canyon.

Bright Angel Point trail - Grand Canyon North Rim

Bright Angel Point trail - Grand Canyon North Rim (Photo credit: Al_HikesAZ)

Congress must not derail it.

The 1987 National Park Overflights Act called for the substantial restoration of natural quiet at the Grand Canyon.

Now, with that goal in sight, a proposed amendment to the Senate surface transportation bill would throw the process off track. It would change the wording of the 1987 law — setting the stage for years of litigation and yet more delay.

Sen. John McCain is sponsoring this measure. And Sen. Jon Kyl has signed on as a co-sponsor. So have Nevada’s Dean Heller and, making this a bipartisan misconcieved idea, Senate Majority Leader Harry Reid. (Why such high interest in Nevada? Air tours to the Grand Canyon happen to be big business in Las Vegas.)

This is their second effort. In 2010, when since-resigned John Ensign was Reid’s Senate mate, the four Arizona and Nevada senators proposed an end-run around the planning process. That legislation was ultimately withdrawn. This one should be dropped, too.

The National Park Service released its draft environmental document last year. The “preferred alternative” strikes a well-calibrated balance between reduced noise and opportunities for air tours. It would allow up to 65,000 air tours a year, 8,000 more than the total when the plan was written. It includes changes in routes and altitudes, plus at least one hour of quiet time before sunset and after sunrise.

The park service received nearly 30,000 comments from individuals and organizations. The final plan, which will likely be tweaked in response to some of those concerns, will be out this spring. Then the Federal Aviation Administration will consider the plan for safety issues.

McCain’s office says the proposed amendment would incentivize quiet technology and address FAA safety concerns. The plan, however, includes incentives for quiet technology that don’t conflict with the goal of reducing noise. The FAA’s concerns can and should be worked out in the final stages of the plan.

The majesty of the Grand Canyon includes the chance to experience natural quiet. The swish of wind through pines and the rush of the Colorado River echoing up the trail are valuable resources that need protection, just as archaeological sites do. We are so close to achieving that protection. Congress should not change the rules of the game in the very last minutes of play.

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Arizona limited right for parent to waive child’s right to sue

State Seal of Arizona.

Image via Wikipedia

TITLE 12.  COURTS AND CIVIL PROCEEDINGS

CHAPTER 5.  LIMITATIONS OF ACTIONS

ARTICLE 3.  PERSONAL ACTIONS

Go to the Arizona Code Archive Directory

A.R.S. § 12-553 (2011)

§ 12-553. Limited liability of equine owners and owners of equine facilities; exception; definitions

   A. An equine owner or an agent of an equine owner who regardless of consideration allows another person to take control of an equine is not liable for an injury to or the death of the person if:

   1. The person has taken control of the equine from the owner or agent when the injury or death occurs.

   2. The person or the parent or legal guardian of the person if the person is under eighteen years of age has signed a release before taking control of the equine.

   3. The owner or agent has properly installed suitable tack or equipment or the person has personally tacked the equine with tack the person owned, leased or borrowed. If the person has personally tacked the equine, the person assumes full responsibility for the suitability, installation and condition of the tack.

   4. The owner or agent assigns the person to a suitable equine based on a reasonable interpretation of the person’s representation of his skills, health and experience with and knowledge of equines.

B. Subsection A does not apply to an equine owner or agent of the equine owner who is grossly negligent or commits wilful, wanton or intentional acts or omissions.

C. An owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine with or without the owner’s permission is not liable for injury to or death of the equine or the rider or handler.

D. Subsection C does not apply to an owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine if either of the following applies:

   1. The owner, lessor or agent knows or should know that a hazardous condition exists and the owner, lessor or agent fails to disclose the hazardous condition to a rider or handler of an equine.

   2. The owner, lessor or agent is grossly negligent or commits wilful, wanton or intentional acts or omissions.

E. As used in this section:

   1. “Equine” means a horse, pony, mule, donkey or ass.

   2. “Release” means a document that a person signs before taking control of an equine from the owner or owner’s agent and that acknowledges that the person is aware of the inherent risks associated with equine activities, is willing and able to accept full responsibility for his own safety and welfare and releases the equine owner or agent from liability unless the equine owner or agent is grossly negligent or commits wilful, wanton or intentional acts or omissions.

HISTORY: Last year in which legislation affected this section: 1998

NOTES:

Premises Liability

SCOPE OF IMMUNITY.

   This section does not shield stable owners from claims for negligent supervision, which do not involve horseback riding or activities directly relating thereto. Bothell v. Two Point Acres, Inc., 192 Ariz. 313, 965 P.2d 47 (Ct. App. 1998).

   Grant of summary judgment in favor of the riding stable operator was proper where the document that the rider signed contained sufficient information to have been considered a release; further, this section does not completely deprive injured equine riders of a remedy and thus it does not violate the anti-abrogation clause, Ariz. Const. art. 18, § 6. Lindsay v. Cave Creek Outfitters, L.L.C., 207 Ariz. 487, 88 P.3d 557, 2003 Ariz. App. LEXIS 162 (Ct. App. 2003).

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Guiding Opportunity at Grand Canyon National Park

Arizona Outback Adventures will be conducting a series of day hikes on various trails at the South Rim of Grand Canyon National Park on May 19th 2012.

We are recruiting guides to join our existing staff for three days of work on a contract basis.

Pay is $100.00-$120.00 per day dependent upon experience and qualifications

Guaranteed gratuity plus additional tips possible

All meals, park entrance and camping fees included

Applicants are required to have:

·          Current WFR certification (or higher)

·          Current CPR certification

·          Good general knowledge of Grand Canyon’s history, geology, flora and fauna

·          Experience hiking the main trails from the South Rim

·          The ability to handle a group of seven diverse hikers on your own

·          The ability to follow specific instructions and procedures

·          A day pack, comprehensive first aid kit, trowel and all appropriate clothing and footwear for changing weather conditions

·          Be physically fit

·          Have a pleasant, friendly and engaging personality

·          Have a presentable appearance

·          Be available from 5:00am 5/17 through 9:00pm 5/19

·          Experienced Grand Canyon hiking and rafting  guides preferred

To apply email tim@aoa-adventures.com with a brief outline of your experience and qualifications, list all trails that you have hiked from the Main South Rim area (Hermit to Grandview) and the approximate number of times on each trail. Attach a current photo and a single sheet with a color scan of your Driver’s License, WFR Card and CPR card (if separate) with expiration dates clearly showing.

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Guiding Job in the Grand Canyon

Angel’s Gate Tours is looking for experienced Grand Canyon guides to lead sightseeing tours, day hikes and the occasional backpacking trip in Grand Canyon. We are specifically recruiting experienced Grand Canyon boatman and other Grand Canyon backcountry professionals. Please contact us if you meet the following requirements:

  • Minimum WFR certified, with CPR. (More advanced med certs are also acceptable).
  • Good driving record. (1 minor ticket is usually OK)
  • Must be able to pass Arizona DOT physical (this is pretty simple, basically it verifies that you can see, hear and move well enough to drive a vehicle).
  • Outstanding Grand Canyon knowledge. (You know your schist from Shi-nola, and can present complex material in an entertaining manner).
  • Hiking experience on all South Rim trails.

This is an excellent opportunity for Grand Canyon backcountry professionals that need to spend more time in town due to family, children, dog issues or other constraints. The majority of our tours and hikes depart from and return to Flagstaff daily. Please visit our website at www.SeeGrandCanyon.com and call (928) 814-2277 to schedule an interview. Angel’s Gate Tours is an EOE.

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GRAND CANYON RIVER GUIDES

GRAND CANYON RIVER GUIDES

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TALKING POINTS FOR THE DEVELOPMENT OF THE

LONG TERM EXPERIMENTAL AND MANAGEMENT PLAN

FOUNDATIONAL ELEMENTS:

  • Define and ensure a substantial role for the Grand Canyon Monitoring and Research Center (GCMRC) within the LTEMP EIS process.
  • GCMRC’s involvement is critical to draw on the body of knowledge that has been gained as the science arm of the Glen Canyon Dam Adaptive Management Program.
  • GCMRC’s involvement is also necessary for the development and evaluation of scientifically credible, well-defined alternatives to best meet program and ecosystem goals.
  • It is paramount that all LTEMP alternatives fully meet the intent of the 1992 Grand Canyon Protection Act, which specifically states, ´The Secretary shall operate Glen Canyon Dam…in such a manner as to protect, mitigate adverse impacts to, and improve the values for which Grand Canyon National Park and Glen Canyon National Recreation Area were established, including, but not limited to natural and cultural resources and visitor use.”
  • Change the Purpose and Need for Action Statement for the LTEMP as follows:
  • Change the language of the Purpose statement to accurately reflect the language and intent of the Grand Canyon Protection Act.
  • Drop the reference to hydropower which is an ancillary benefit of the dam.
  • Desired Future Conditions (DFCs) developed within the GCDAMP with DOI input and approval should be utilized in analyzing the impacts of LTEMP alternatives and applied as a benchmark for defining identified objectives that are scientifically measurable and attainable through dam operations during the life of the Plan.  Related considerations include:

o   The Core Monitoring Program under development by the Grand Canyon Monitoring & Research Center will help track progress towards those desired outcomes.

o   The DFCs must not be static, but rather they must be continually refined as new knowledge is gained, unacceptable impacts are discerned, and subject to a determination of whether the specific DFCs are achievable.

  • The LTEMP must be based on an adaptive ecosystem management approach.
  • This is a dynamic and complex system.  Our learning and adapting/building on what we know must continue indefinitely.
  • Clearly define agency responsibilities, improve communication, create mechanisms for productive information sharing, and eliminate project redundancies between Grand Canyon National Park and the Grand Canyon Monitoring & Research Center.
  • Ensure that the 11 affiliated tribes who live in and around the Grand Canyon and the Colorado River have a substantive role in LTEMP development which continues throughout the LTEMP process, and the life of the plan.  The LTEMP must find a way to successfully incorporate tribal values and knowledge into decision making – a distinct failure of the Adaptive Management Program to date.
  • Towards that end, science must not be the only lens through which we view the Colorado River ecosystem (CRE), its resources, and associated values.  Respectful and thorough tribal consultation must occur at each stage and those cultural and spiritual connections must be woven into the LTEMP and incorporated more effectively into the Glen Canyon Dam Adaptive Management Program.  The tribes view all canyon resources as culturally significant.
  • Funding for monitoring and management of cultural resource should be restored.  In order to comply with the Grand Canyon Protection Act, federal laws, statutes and executive orders, the importance of protecting and preserving these fragile, non-renewable resources and Traditional Cultural Properties for the benefit of future generations must not be minimized.
  • Look to other dam managed rivers, examine their challenges and successes in restoring natural patterns and processes while a dam is still in place and utilize that expertise to inform and strengthen the LTEMP process.
  • Improve the structure and functionality of the Glen Canyon Dam Adaptive Management Program in order to meet GCDAMP mission and goals.  Simply put, we would like to see a much more balanced GCDAMP stakeholder group that has the ability and willingness to act adaptively on what is learned.

RESOURCE ISSUES:Overlook over the Colorado River in the Grand ...

  • Maintain or improve the quality of recreational resource for users of the Colorado River, for generations to come.
  • Consider carrying capacity and campability — design flows and flow experiments that will ensure sufficient number, size and distribution of camping beaches to accommodate the level of use delineated by the Colorado River Management Plan and minimize crowding and congestion.
  • Focus on benefiting, protecting and preserving all of the downstream resources (such as camping beaches, cultural sites, etc…) and their associated values– the LTEMP should go beyond a focus on mass sediment balance and fish.
  • River users care about ALL that makes Grand Canyon unique, including cultural resources, tribal perspectives and the rich cultural heritage of the Colorado River.
  • Reaching a certain metric for mass sediment balance is not sufficient – The LTEMP needs to focus on whether the sediment adequately protects and preserves the individual resources along the Colorado River.
  • The Endangered Species Act specifies that it is not just the fish that require protection, but also their habitat.
  • Examine the role of time and climate change in the system.
  • Can we build up a Humpback chub population (above survival levels) during drought low flow warm water years sufficient to mitigate impacts from years with high snow levels in the Rockies and high release/cold water flows from Glen Canyon Dam?

English:FLOW SUGGESTIONS:

  • Beach Habitat Building Flows should be a well-defined, key component of LTEMP alternatives.
  • Finalize the High Flow Experimental Protocol Environmental Assessment and incorporate it into the design of all LTEMP alternatives.
  • Design intervening flows (flows immediately after, and between high flow experiments) that maximize sediment retention.
  • Address the preservation of sand deposits by designing post-High Flow Experiment hydrographs that optimize ecosystem goals (i.e. sediment retention) to the greatest extent possible.
  • Include an LTEMP alternative to test steady flows.
  • Consider an alternative that includes a seasonally adjusted steady flow alternative that includes sediment triggered Beach Habitat Building Flows, and based on the closest approximation of the pre-dam hydrograph.
  • We need a scientifically credible, well-designed steady flow experiment of sufficient longevity to produce a biological signal (more than two months in the fall) that is followed by a full synthesis of impacts to biological, physical, social, economic and cultural resources.
  • Consider a minimum flow of no less than 8,000 cfs to ensure navigability and safety for all boaters.
  • Test the “best case scenario” presented in the article, “Is there enough sand? Evaluating the fate of Grand Canyon sandbars” as proposed by USGS scientists
  •  Design an alternative based on the best chance of viability for rebuilding and maintaining sandbars.

Do Something

File your own comments!

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States that allow a parent to sign away a minor’s right to sue

If your state is not listed here, you should assume a parent cannot waive a minor’s right to sue in your state.

State

By Statute

Restrictions

Alaska Alaska: Sec. 09.65.292 Sec. 05.45.120 does not allow using a release by ski areas for ski injuries
Arizona ARS § 12-553 Limited to Equine Activities
Colorado C.R.S. §§13-22-107 Some commentators consider the statute a little weak
Florida Florida Statute § 744.301 (3)

By Case Law

California Hohe v. San Diego Unified Sch. Dist., 224 Cal.App.3d 1559, 274 Cal.Rptr. 647 (1990)
Florida Global Travel Marketing, Inc v. Shea, 2005 Fla. LEXIS 1454 Allows a release signed by a parent to require arbitration of the minor’s claims
Florida Gonzalez v. City of Coral Gables, 871 So.2d 1067, 29 Fla. L. Weekly D1147 Release can be used for volunteer activities and by government entities
Massachusetts Sharon v. City of Newton, 437 Mass. 99; 769 N.E.2d 738; 2002 Mass. LEXIS 384
Minnesota Moore vs. Minnesota Baseball Instructional School, 2009 Minn. App. Unpub. LEXIS 299
North Dakota McPhail v. Bismarck Park District, 2003 ND 4; 655 N.W.2d 411; 2003 N.D. LEXIS 3
Ohio Zivich v. Mentor Soccer Club, Inc., 696 N.E.2d 201, 82 Ohio St.3d 367 (1998) Maybe only for non-profits
Wisconsin Osborn v. Cascade Mountain, Inc., 655 N.W.2d 546, 259 Wis. 2d 481, 2002 Wisc. App. LEXIS 1216, 2003 WI App 1 However the decision in Atkins v. Swimwest Family Fitness Center, 2005 WI 4; 2005 Wisc. LEXIS 2 voided all releases in the state

On the Edge, but not enough to really rely on

North Carolina Kelly v. United States of America, 2011 U.S. Dist. LEXIS 89741 Ruling is by the Federal District Court and only a preliminary motion

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GCRGA and the BQR

I get a ton of magazines, online and in print. The one that is always scanned before I leave the post office and read as soon as I get back is the Boatman’s

Grand Canyon 1

Grand Canyon 1 (Photo credit: krandolph)

Quarterly Review. The BQR is the quarterly publication of the Grand Canyon River Guides Association. I work in the Grand Canyon as a boatman every once in a while and it’s never enough time in the canyon. However my reasons for loving the BQR are the publication itself. It is filled with articles about the history, flora, fauna, geology and people of the Grand Canyon. Most importantly each article is filled with passion for the Grand Canyon. It is extremely well written and brings to life that beautiful part of the world in my home in Colorado that is a thousand miles away.

If you are a lover of the Grand Canyon, have hiked it or rowed it I strongly urge you to join the Grand Canyon River Guides Association. The GCRGA is working hard to preserve the canyon. The association will, if you want, keep you up to date on what is going on both at the bottom of the canyon and the top of the bureaucracy. The GCRGA is a great organization that is full of passionate, hard working people that I am proud to be allowed to associate with.

If you don’t know anything about the Grand Canyon but each quarter want a publication that will leave you breathless and wondering why you have not gotten there or back there, become a member of the GCRGA. You don’t have to be a river guide, only a lover of great writing and/or the Grand Canyon.

Membership is $30 a year or you can get a lifetime membership for $277. (As they say, one dollar for every mile the river flows.)

You should also go, see, and experience the Grand Canyon.

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Four State Supreme Courts Reverse their Positions on Release

Releases are the foundation of most adventure outfitters program to prevent lawsuits. Dependent upon your base of operation and/or your area of operation a release or waiver is the best way to inform your guests of the risks and stop lawsuits. However, the law concerning releases has changed dramatically in four states over the past 18 months.

Changes started February of 2005 when the Wisconsin Supreme court overturned its law on releases. In a case involving a drowning at a

English: Seal of the Wisconsin Supreme Court

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health club, Atkins v. Swimwest Family Fitness Center, 2005 WI 4; 2005 Wisc. LEXIS 2 the Wisconsin Supreme Court set up a series of requirements for releases which will be impossible to meet. Each of the requirements allows the guest to invalidate the release or takes the legal teeth out of the release. The final requirement is a bargain for exchange requirement. This means the outfitter must offer the guest the opportunity to take the trip without signing a release for an additional charge. The additional charge to enjoy the adventure without signing a release must only be a nominal amount; however that does not make economic sense. (For a more thorough analysis see the Outdoor Recreation Law Review
Wisconsin Supreme Court decision threatens businesses relying on releases.)

Arizona Supreme Court

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In Arizona, in a race car mishap, the Arizona Supreme Court took an approach to releases no other state has adopted. In Phelps v. Firebird Raceway, Inc., 2005 Ariz. LEXIS 53, the Arizona Supreme Court held that releases, written contracts, are only an acknowledgement of risk. As such, the trier of fact, normally the jury, must decided whether the injured patron understood the risk of the activity and the release is additional, but not substantive proof of the knowledge. As such, releases in Arizona are not just proof of acknowledgement of risk rather than a contract to prevent a lawsuit. In the future, a defendant relying upon a release will be forced to go to trial to prove the injured guest understood the risk of the activity that injured him. (See the Outdoor Recreation Law Review
Surprising Arizona Supreme Court Decision Further Endangers Release Language.)

The New Mexico Supreme Courtdetermined that a statute designed to protect the Equine industry prevented the use of a release by a stable.

New Mexico Supreme Court

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In Berlangieri et al. v. Running Elk Corporation, et al., 48 P. 3d 70 (N.M. App. April, 2002 the New Mexico Supreme Court stated the New Mexico Equine Liability act provided the only protection for equine outfitters and therefore it prevented the use of a release. This decision is limited to only equine activities; however a similar decision in West Virginia was the beginning of a series of decisions invalidating releases. This is an example of a statute that was meant to protect an industry doing more harm than good. (See the Outdoor Recreation Law Review
Release of Liability Found to Violate Public Policy.)

Connecticut Supreme Court

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The final decision is a Connecticut Supreme Court decision, Hanks v. Powder Ridge Restaurant Corporation et al. 276 Conn. 314, 2005 Conn. LEXIS 500 that overruled a case with the identical fact situation six years earlier. In this case a patron at a tubing hill signed a release and was injured tubing. He sued and the Connecticut Supreme Court overruled itself stating releases were no longer valid in the state because it removed the incentive for the tubing operator to keep the premises safe. The Supreme Court held that releases for recreational activities violate public policy. Public policy is the protection the courts extend to the public to protect them when they cannot protect themselves. Those protections are normally limited to those necessities of live that the public cannot live without such as utilities or public transportation. (See the Outdoor Recreation Law Review Connecticut Supreme Court takes yet another bite out of releases with latest decision.)

All of these decisions are discouraging; however there are methods to change the results for a particular outfitter. The easiest and most important way is by using an effective Jurisdiction and Venue clause in a release. Jurisdiction means the law that will be applied and Venue means the location of the court that will hear the case. If you are operating in any of these four states, or another state that prohibits the use of a release, you can specify in the release the state where the case will be heard and the law that will be applied.

For Additional Analysis of these cases or to read the legal opinion, go to the Outdoor Recreation and Fitness Law Review.

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