Imperial Valley Press

DUNE DISPUTE

Off-roaders seek reopening of rail crossings

- BY JULIO MORALES Staff Writer

IMPERIAL SAND DUNES — Discussion­s are underway regarding the possibilit­y of re-establishi­ng previously closed railroad crossings for off-highway vehicle users in the Imperial Sand Dunes.

The discussion­s were prompted in part by a recent California Public Utilities Commission complaint filed by a coalition of OHV groups against Union Pacific Railroad, which in recent years had eliminated several railroad crossings that were widely used by OHV enthusiast­s at the dunes.

Although the Sept. 26 CPUC complaint establishe­d an administra­tive timeline by which parties can formally address the complaint, more recent talks appear to have raised plaintiffs’ hopes, said Kerry Griggs, legal affairs director for the American Sand Associatio­n, one of the plaintiffs.

“We think there’s a good chance all the stakeholde­rs can sit down and hopefully work out a reasonable compromise and solution,” Griggs said. “We’re hoping that parties can sit down and short-circuit the whole process.”

The CPUC complaint, jointly filed by the American Sand Associatio­n and EcoLogic Partners Inc., specifical­ly demands that Union Pacific reopen three at-grade and one below-grade railroad crossings it had closed in 2009 along the eastern boundary of the Imperial Sand Dunes.

The three at-grade crossings include those commonly referred to as Ruthven, Clyde and Cactus, while the below-grade crossing was a culvert underneath the railroad best known as Wash 10.

“The Wash 10 crossing, and other crossings, were unlawfully closed by UPRR, but even more, the closure has created a public safety hazard that must be addressed,” the plaintiffs’ complaint stated.

The CPUC complaint also cites the subsequent OHV usage of an alternativ­e route across the railroad tracks at Highway 78 near the Glamis Beach Store and the injuries and death that have resulted from the previous crossings’ closures.

Most notably, three minors had died after their OHV was struck by a passing train at the Highway 78 railroad crossing on Nov. 17, 2007. The juveniles had attempted to drive around a stationary train at the location and were struck by a passing train on an adjacent track.

“We honestly think that it’s safer to have known, designated well-marked crossings to reduce chances of riders taking matters into their own hands,” Griggs said.

Since 2010, stakeholde­rs have met in an attempt to remedy the situation, but have yet to arrive at an agreeable solution, according to the complaint and Union Pacifics’s response to it.

CPUC has jurisdicti­on over the point of railroad crossings, and the terms of installati­on, operation, maintenanc­e, use and protection of a public or publicly used road or highway that is crossed by a railroad, according to CPUC code.

“The fact of the matter is that additional OHV access has not yet been constructe­d because the interests of the various stakeholde­rs have not yet aligned; no public agency has been identified as an appropriat­e and willing road authority for a project; law and public policy limit the options for some stakeholde­rs to participat­e or make concession­s, and funding for constructi­ng and maintainin­g an appropriat­e structure has not been identified,” Union Pacific stated in its response.

In its response filed Oct. 31, the railroad also contends plaintiffs have no legal standing to file such a complaint, since neither ASA nor EcoLogic is a public agency that can propose a public crossing.

Union Pacific’s response also highlighte­d its past willingnes­s to have discussed the matter with stakeholde­rs, and its current preference for having the revived issue handled by a neutral party as part of an alternativ­e dispute resolution process.

Since having been elected in 2012, county Supervisor and current Chairman Ray Castillo said he has become aware of the OHV community’s calls for the re-opening of the shuttered crossings.

More recently, the county Board of Supervisor­s has not been formally involved in any discussion­s regarding the CPUC complaint or the renewed talks among Union Pacific and plaintiffs.

“We certainly need to be a part of that,” Castillo said. The closure of the OHV crossings, which the railroad contends were never meant for public use, also has greatly restricted the public’s accessibil­ity of designated OHV trails on public lands administer­ed by the Bureau of Land Management east of the railroad tracks, Castillo said.

Additional­ly, the railroad crossings’ closures have also greatly restricted OHV riders from legally traveling to the Boardmanvi­lle Trading Post located on Ted Kipf Road, which in turn has severely curtailed business at the iconic bar and eatery, he said.

While acknowledg­ing that Union Pacific’s decision to close the railroad crossings historical­ly used by OHV users was prompted by safety concerns, he questioned why the railroad has yet to agree to fund the establishm­ent of a designated OHV crossing.

“You’d think they’d spend a couple million to correct this problem,” Castillo said.

In its answer to the CPUC complaint, Union Pacific stated that across the nation railroads have been working with state and federal partners to reduce risks to the public related to railroad operations.

In 2017, California had 38 grade crossing fatalities, while in 2016 it had 52, figures that surpassed those recorded in any other state, the railroad reported.

“This means that California has a particular interest in driving further improvemen­ts,” Union Pacific stated in its answer to the CPUC complaint.

 ??  ?? Union Pacific Railroad in recent years closed off access to three at-grade crossings near the Imperial Sand Dunes that it used for maintenanc­e and were not meant for public use. COURTESY PHOTO LANCE RICOTTA
Union Pacific Railroad in recent years closed off access to three at-grade crossings near the Imperial Sand Dunes that it used for maintenanc­e and were not meant for public use. COURTESY PHOTO LANCE RICOTTA

Newspapers in English

Newspapers from United States