Shivwits Band of Paiutes tightens trespassing ordinance on reservation

The Shivwits Band of Paiutes has passed a Land Use Ordinance defining and prohibiting trespassing on their land, Ivins, Utah, unspecified date | Photo courtesy of the Shivwits Band of Paiute Indians, St. George News

ST. GEORGE — Unauthorized activity on reservation lands controlled by the Shivwits Band of Paiutes has triggered the band to pass a land use ordinance defining and prohibiting trespassing.

Shivwits Band of Paiute Indians has passed a Land Use Ordinance defining and prohibiting trespassing on its reservation, Ivins, Utah, unspecified date | Photo courtesy of Lucas Alfred, St. George News

The tribal land comprises 28,000 acres in southwestern Washington County, 12 miles west of St. George, near Ivins, and has recently seen an increase in trespassers.

In an email sent to St. George News, Shivwits Land Resources Manager Travis Duran said he observed trespassers on tribal land, including riders in off-highway vehicles, mountain bikers, hikers, trappers, hunters and grazing cattle. People have also been flying drones and dumping trash and animal carcasses on their land.

Those visiting the reservation must observe the laws of the Shivwits Band of Paiutes, he said.
“The band is dedicated to protecting the reservation’s natural resources,” Duran added. “We just ask visitors to be respectful and abide by the rules.”

To reduce trespass violations, the band may now invoke civil penalties for unauthorized activity on tribal land, including grazing, hunting, vandalism and construction. Or any removal or use of natural resources such as minerals, water, or the antlers or hides of wild game.

The Washington County Sheriff’s Office will assist with enforcement, Sgt. Lucas Alfred said. Washington County recently signed an Interlocal Cooperation Agreement for Law Enforcement Services with Shivwit’s leadership.

The band does not have its own police force, Duran added.

“With the band reporting increasing trespass issues on their land, we are happy to assist them with any issues that may arise,” Alfred said. “There has been an increase in traffic in the area, fueled in part by the increased popularity of Gunlock Falls; as word has spread, they are flowing again.”

Despite the area being well-signed, as more people enter the reservation, they sometimes bypass fencing and leave established roadways, he said.

The Shivwits Band of Paiutes has passed a Land Use Ordinance defining and prohibiting trespassing on their land, Ivins, Utah, unspecified date | Photo courtesy of the Shivwits Band of Paiute Indians, St. George News

The Shivwits land use ordinance now empowers “any band representative with authority” to administer civil citations and “immediately eject an alleged trespasser from trespassed Shivwits Land.”

Duran and his staff were designated as the primary agents for enforcing the ordinance, which allows civil penalties of up to $1,200 for each trespass offense, Duran said.

Non-band members are welcome to visit Shivwits-owned businesses and commercial ventures, such as the Shivwits Convenience Store on Old Highway 91 and the adjacent Legacy Fields soccer complex, which is under construction, Duran said. People could access the complex and other areas of the reservation for the duration of an activity sponsored or approved by the band.

“Reservation visitors are also free to drive on public roads within the reservation, provided they stay on the public road and don’t pull off, park or otherwise enter reservation lands,” Duran said.

A person who would like a special entry on the reservation may submit a Shivwits Trespass Permit application for consideration by the Shivwits Band Council.

“If approved, a trespass permit requires payment of a predetermined fee and allows for access to a specific area of the reservation for a specified activity during a prescribed time period,” according to a news release issued by the band. “All applicants must agree to be bound by Shivwits law and acknowledge the band’s exclusive regulatory and adjudicatory jurisdiction.”

This file photo shows part of the Shivwits Reservation, Ivins, Utah, Oct. 19, 2022 | Photo by Nick Yamashita, St. George News

In addition to civil trespass prosecution, the band and the Washington County Sheriff’s office may pursue criminal trespass violations. Utah law allows for fines of up to $1,000 and six months in jail for the class B misdemeanor of criminal trespass on state or private property. The maximum penalty increases to $2,500 and a year in jail if the crime occurs in a dwelling.

The Washington County Sheriff’s Office would be the leading law enforcement services provider on Shivwits land, providing proactive patrol units and assisting in responding to calls, Duran said. The office may also request assistance from any law enforcement entity that it designated to provide services, including Santa Clara-Ivins Public Safety.

Any band member could call the Sheriff’s Office dispatch to report trespassing, Duran said.

Alfred encourages everyone to respect all laws and signage in Washington County, including on the reservation. Criminal trespass laws include when a person enters or causes an unmanned aircraft to enter or remain unlawfully over the property to which notice against entering is given. Criminal trespass could also be enforced when fencing or another enclosure is designed to exclude intruders or the posting of signs are reasonably noticeable to intruders.

“The Shivwits Band of Paiutes has been working to maintain the natural beauty of Southern Utah, and the Washington County Sheriff’s Office is happy to patrol the area to ensure their request that all visitors be respectful and abide by the laws,” Alfred said.

Copyright St. George News, SaintGeorgeUtah.com LLC, 2023, all rights reserved.

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