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Beatrice Daily Sun from Beatrice, Nebraska • 3

Location:
Beatrice, Nebraska
Issue Date:
Page:
3
Extracted Article Text (OCR)

Beatrice (Neb.) Daily Sun, Friday, November 23, 1990 A-3 Final EPA veto of Two Forks surprises Den ver water board Nebraska Guard unit likely headed for gulf LINCOLN, Neb. (AP) Soldiers of the Nebraska Army National Guard's 24th Medical Company are likely to sit down for Christmas dinner in Saudi Arabia, a media relations officer at Fort Riley, said. "I don't anticipate your unit staying here for very long. Most (Army) Reserve and National Guard units that come in are only here for about a month, and then deploy to the Middle East," Mark Meseke said Wednesday. The 117 members of the Lincoln-based air ambulance company traveled to Fort Riley by convoy and helicopter Tuesday.

Meseke said troops will be evaluated and receive any training needed. He said they also will undergo weapons qualification testing and receive final common task instructions "which can be anything from use of a compass to camouflaging to nuclear, biological and chemical training. We'll check out their gear and (level of) training on how to use it in case they get into a chemical warfare situation." "It (the latter) is nothing specifically new. All Army people are always trained in that. We just want to make sure they're all familiar with it," Meseke said.

When the evaluation and final training is completed, the 24th will be placed in a 72-hour predeployment mode, Meseke said. Members would receive that much advance notice of imminent departure in order to contact their families and take care of any other personal business. Meseke said members of Reserve and Guard units that are deployed from Fort Riley as part of the Operation Desert Shield call-up are typically bused to Forbes Field in Topeka, then flown to the Middle East. "They might make another stop on the way over, but that wouldn't be like going to another (stateside) fort for two or three weeks. It would be just a re-fueling stop, or whatever," said Meseke.

DENVER (AP) Word that Environmental Protection Agency administrator Wiliam K. Reilly has decided to give final veto to the controversial Two Forks water project caught most Denver Water Board members by surprise. The Washington Post reported in today's editions that Reilly is expected to announce the decision within a few days, killing the largest non-federal water project in the West The proposed project was a battleground between environmentalists and Denver-area developers. The proposed project called for flooding much of Cheesman Canyon, a wilderness area between two forks of the South Platte River and destroying one of the nation's premium trout fisheries. "Np, we received no advance warning from the EPA," said water board spokeswoman Kathy Richardson.

"No one has seen the decision. I think everyone was operating on the assumption it would be closer1 to the 14th (of December), the previously stated deadline for the decision." "And that decision was supposed to have come from La-Juana S. Wilcher (assistant EPA administrator for water). They were very specific that it would be Miss Wilcher'S decision. "We're waiting to read the decision like everyone else," Richardson added.

However, Monte Pascoe, a Denver Water Board commissioner, told The Post the decision is "unbelievably shortsighted. You're saying squeeze more out of the existing system and get right up to a drought before you recognize the problem." Two Forks was doomed since March 24, 1989, when Reilly ordered regional EPA administrator Jim Scherer to begin the process to veto the project. Reilly's final decision was originally set for January of this year. But because of controversy, he pushed that back. Wilcher came to the Denver area last August to meet with supporters of the huge water project before making her decision.

The 615-foot high Two Forks dam would have stored 1.1 million acre-feet of water. Cost estimates ranged from $500 million to $1 billion. The Denver Water Board and about 42 metropolitan area water suppliers backed the project. It was to be located about 25 miles southwest of Denver, near the confluence of the South Platte River and its North Fork. The project would have flooded 30 miles of scenic river valley and prime trout fishing areas as well as the town of Deckers.

It was to provide water to about 360,000 Denver residents. Lee DeHihns, the EPA official first placed in charge of the veto process, last March recommended the project be killed because of its adverse effects on fishery, wildlife and recreation areas. DeHihns said wildlife would be flooded out of their habitat by the project, including deer, elk, bighorn sheep and several bird species. He also said he was concerned about the project's impact on Nebraska but did not discuss it in his evaluation. "The impacts in Nebraska on the sandhill crane, whooping cranes and other endangered birds on the other Platte River were considered," he said at the time.

"But I didn't have enough information so that was not a basis for my decision." The Post said it obtained a draft of Reilly's decision which said the dam would lead to "unacceptable adverse effects," including loss and damage to fisheries and recreational opportunities. Denver has "practicable, less environmentally damaging alternatives" to provide water for the new suburbs in the front range of the Rocky Mountains, Reilly is quoted as saying. Court grants stay of execution LINCOLN, Neb. (AP) The Nebraska Supreme Court has granted a stay of execution to a death row inmate who was Spire reverses himself: Birth Judge grants funds to search for Cutshall and death records are public be that that would not be a proper balance for the law to take. We would be losing something in public health information that might not be worth the gain in public information," Wright said.

It is too soon for him to say if he will ask the Legislature to change the law, Wright said. That decision will depend on the goals of Gov. -elect Ben Nelson's administration, he said. Tuesday's opinion reverses opinions issued by Spire on July 30, 1986, and Aug. 6, 1986, which concluded the Health Department had the power to.

limit "access "(o birth' and death records by the news media. He said he reviewed the earlier opinions because from time to time as a general procedure he tries to review major opinions, particularly in the area of public records and open meetings. Spire said he was also asked to review the opinions by various media representatives, including attorney Alan Peterson, Gary Seacrcst of the Lincoln Journal and G. Woodson Howe of the Omaha World-Herald. LINCOLN, Neb.

(AP) Birth and death certificates must be made available to the public, including the news media, Attorney General Robert Spire said Wednesday. Spire's opinion reversed two previous positions taken by the state Department of Justice. Spire said that under present statutes, birth and death records must be available to the public in the same way as other public records. "That is, members of the public, including the press, can review such records, free of charge, during normal business hours of the Department of Health, subject to reasonable restrictions for the orderly conduct of state business and the security of the records." The opinion also said it will be up to the Health Department to determine if certified copies of birth or death certificates should be provided to the media. Noncertificd copies of health department public records arc available to the public and media, and will probably be available for birth and death certificates as well, said Dr.

Gregg Wright, director of the state Health Department. Wright said the opinion surprised him and changes a longstanding way of looking at the law. He said he is concerned that if information in birth and death records becomes too public, doctors who fill out the records won't be willing to include all available information. "Physicians are very aware of the importance of keeping medical records confidential. It's important to every person," Wright said.

"These arc not medical records, but they are a record of a medical event. In the past they have been considered confidential, and I believed that-helped us get more accurate information from them." Wright said his first goal is to comply with the law, and his second is to try to protect public health information. "Hopefully these are in concert most of the time. The law can always be changed if there is a problem" under current law," Wright said. He said current law seems to lean in favor of the public's right to know and against the right to privacy.

"My personal opinion would forcement agencies in Michigan, Wisconsin and Illinois followed up on sightings reported in those states. In his motion, Domina said the best possible evidence of his client's innocence would be to locate Jill Cutshall or to interview witnesses who say they have seen the girl. Garden overruled several other motions filed by Domina, including one seeking to close the hearing for potential jurors in Phelps upcoming trial. The trial is set to begin Dec. 10 in Madison County District Court in Madison.

Domina said in his motion that the late disclosure of the police reports by special prosecutor Jim Smith of Hastings might force him to seek a delay in the start of the trial. Smith said it recently came to his attention that the Norfolk Police Division received reports of possible sightings of Jill from a group called the National Center for Missing Kids. The reports were received by the Norfolk police sergeant in charge of the investigative division, Smith said. The officer was in charge NORFOLK, Neb. (AP) A Madison County district judge decided to let a defense lawyer spend $5,000 to try to help rv search for the girl his client is accused of kidnapping.

1 Defense attorney David Domina filed a motion earlier this week seeking $10,000 to have an investigator follow up what Domina called credible sightings of Jill Cutshall. During a hearing Wednesday in Norfolk, Judge Richard Garden approved half that amount. Jill, then 9, disappeared Aug. 13, 1987: She has not been found. Domina represents David Phelps, 26, formerly of Norfolk, who was indicted on a kidnapping charge in the case.

In the motion filed with Garden, Domina said nearly 6,000 pages of police reports Domina received Nov. 14 contain 100 or more apparently credible sightings of Jill Cutshall. Most of the reported sightings were in the north-central United States, in what Domina called a "chronologically and geographically significant cIust ter." Domina said there was no way of knowing whether law en scheduled to die Dec. 5 The court stayed Harold Lamont Otey's execution Wednesday. The court also granted a motion by Otey's attorney Jerry Soucie to set oral arguments immediately in Otey's second petition for post-conviction relief which is pending before the court.

The case will be argued during the first week in December, but a date has not been sot. i Mi-Mi Otey, 39, was sentenced to die for the rape and slaying of Jane McManus of Omaha in June 1977. While Otey's death sentence was stayed, the court has set an execution date for another prisoner. The court set a Feb. 1 1 execution date for Clarence Victor, who confessed to killing Alice Singleton, 82, of Omaha.

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