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1.1.03.0fLand tug-of-war threatens couple's livelihood ;] 0 18 u' To bureau officials, the peach orchard is an unauthorized use of ~deralland and is referred to several times as the "unauthorized orchard" in a letter dated Friday to Mcinnis. Also, the Hayses and the orchard's previous owners have not had a legal access across the federal land to get to their property, Ozga said. The federal government would like to clarify the access issue as well as the other issues. The bureau hopes to focus on its encroachment on the Hayses' farm "after the unauthorized use of federal land is addressed," said Carol DeAngelis, area manager of the bureau, in a letter to Mcinnis. Ozga admitted the federal agency did not contact the Hayses once bureau officials discovered the discrepancy, even though "it was identified in 1982 as a trespass situation - or an unauthorized use," Ozga said. As to why not, "I don't have a real good answer," Ozga said. "I can't find where we have ever contacted the owners. We were remiss." The bureau exhibited arrogance in letters to the Hayses, allowing the farmers only 15 days to decide what to do, Walcher and the Hayses claim. In an Oct. 11 letter to the couple, the bureau offered an alternative: The bureau would dump the soil on a different area of the Hayses' farm and lease the orchard back to the Hayses for five years. Later, the bureau offered to lease their orchard back to the Hayses for $200 per acre. The Oct. 11 letter gave the Hayses 15 days to make a decision and also to sign three government contracts - a donation contract, a grant of temporary easement and a permit to use federal lands. The Hayses did not respond. "After recent consultation with our contractor, we determined we can delay our decision to deposit all the excess soil on the orchard area until close of business Nov. 8," DeAngelis said in her letter to Mcinnis. On Friday, Thelma Hays traveled to Glenwood Springs to interview lawyers to sue the federal agency. "I'm going to sue the Bureau of Reclamation," Thelma Hays said. "They're just trying to walk all over us." The state, meanwhile, will not help pay for the fish screen - as it is outlined in its contract with the recovery program - until the bureau reaches resolution with the Hayses, Walcher said. "We will not participate in rolling over local farmers," Walcher said. "This command-and-control steamroller approach is not the way to do it. "This isn't so much what's legal, but what's right. It's clear that the land has been privately owned since 1882," Walcher said. E2I Email this page to a friend By using this service you accept the terms of our Visitor Aqreement. Registered site users, to edit your personal profile, click here. http://www.gjsentine1.comlnews/newsfd/auto/feed/news/2002/11/03/l 036303665 .2861 0.6687.0805 .html Page 3 of 4 11/4/02