Judge delays decision over disputed road

LAS VEGAS - A federal judge will rule Thursday on whether to restrain protesters from reopening a disputed dirt road in Elko County.

Government lawyers want a temporary restraining order issued against members of the Shovel Brigade to prevent them from venturing onto Forest Service land to rebuild South Canyon Road near the tiny town of Jarbidge.

U.S. District Judge Philip Pro listened to arguments Wednesday from U.S. Attorney Steve Myhre, who said the Shovel Brigade was ''sticking their finger in the eye of the federal government.''

The government contends the group has not applied for the permits needed to reopen the road along the Jarbidge River.

A lawyer for the Shovel Brigade asked Pro for more time before presenting the group's argument.

Pro continued the hearing until 11 a.m. Thursday. He is expected to rule then.

Demar Dahl, leader of the Shovel Brigade, has said a court order would not stop the work planned to reopen the road.

The feud centers on a 1.5-mile stretch of dirt road in the Humboldt-Toiyabe National Forest that leads to a campground at the edge of a wilderness area. The road was washed out by floods in 1995. Federal authorities have blocked the road from being reopened because they contend the work will damage the habitat of the threatened bull trout.

Elko County officials contend the road is theirs because it existed long before the national forest was formed.

The dispute with the U.S. Forest Service escalated last fall, gaining national attention and becoming a symbol of rural conflicts with federal land managers. In January, more than 10,000 shovels were donated to the county in a gesture of support from sympathizers throughout the West.

Shovel Brigade organizers say those tools will be used to reopen the road July 3-4, when organizers expect 3,000 to 5,000 people to turn out.

Elko County commissioners were scheduled to consider a proposed compromise on the issue Wednesday night.

The compromise could allow the road to be rebuilt in a new location after environmental impact studies are conducted. The agreement would not give the county ownership of the road that it sought.

Nevada Rep. Jim Gibbons said the proposal is a winning proposition for the county and hopes protesters planning to rebuild the road do not jeopardize the delicate compromise.