NORTH FORK TIMES
SURFACE CREEK NEWS
FAIR ROUNDUP
County fair showcases livestock, produce, art, handiwork, B1-12
SPORTS
SUMMER WINDS DOWN
DYNAMIC IN THE WATER
Cruise night, town picnic round out summer activities, C2
Delta swimmer ends the summer with season’s best times, C5
DELTA COUNTY
AUGUST 17, 2016 VOL. 133, NO. 33
75¢
INDEPENDENT
www.deltacountyindependent.com
Court affirms Delta’s right to compete with DMEA BY PAT SUNDERLAND Managing Editor
The Colorado Court of Appeals has upheld a district court decision, affirming the City of Delta’s right to provide electrical services in territory previously served by DeltaMontrose Electric Association. The issue arose in September 2012, when Maverik contacted DMEA about plans to build a convenience store at the corner of Highway 50 and Highway 92. A service station and convenience store had previously been located on that site, with electrical service provided by DMEA, although the 21-acre parcel had been annexed into the city in 2006. Maverik paid a $150 deposit to DMEA, but a short time later notified DMEA that it had decided to obtain service from the city instead. According to court documents, DMEA filed action seeking damages and declaratory relief. DMEA claims, in part, that it is owed compen-
sation under state statute. The city filed a motion to dismiss DMEA’s claims, asserting that a municipality operating its own electric utility has a right to compete with a cooperative for service to customers in annexed territories. The district court agreed, and DMEA appealed. The appeals court cited case law which makes it clear that a municipality may compete with a public utility for “new” customers without having to compensate the utility. DMEA responded with the following comment, emailed to the DCI Tuesday morning: “DMEA respectfully disagrees with and is disappointed by the recent Colorado Court of Appeals decision in DMEA v. City of Delta. We are working with our attorneys at Holland & Hart to assess our options and next steps. We believe that longstanding Colorado law requires compensation to electric cooperatives like DMEA in precisely situations such as what exists with the City of Delta.”
Commissioners okay large tax abatement BY HANK LOHMEYER Staff Writer
County assessor Debbie Griffith got BoCC approval for a large tax abatement on a 1,267-acre parcel during the commissioners’ meeting Monday, Aug. 15. The abatement amount was $12,912. By state statute, Griffith explained, any property tax abatement over $10,000 needs BoCC approval before being sent to the state for additional approval. The subject property, located “up Leroux Creek,” was converted from the residential to agricultural use class by the assessor’s office in the first year of ag production. The new owner from Texas who bought the property out of foreclosure began running 100 cow/calf pairs on it and there
was decreed water for it also, Griffith told commissioners. So, the standard three-year ag production requirement for conversion to ag use assessment status is shortened. In other business at its regular meeting on Aug. 15, the BoCC dealt with the following matters: • Commissioners gave an approval for a $44,225 grant from the Western Colorado Community Foundation. The money is to be used at DeltaMontrose Technical College, at Colorado Mesa University, and at Western State Colorado University at Gunnison for the educational benefit of Delta County residents studying there, according to discussion at the commissioners’ meeting. The colleges are expected to COMMISSIONERS TO A3
Kevin Lucy steps down as coroner BY HANK LOHMEYER Staff Writer
Kevin Lucy, Delta County coroner since winning his first term for the position in 2010, has informed the county commissioners that he will resign the post effective on Sept. 2. The letter is dated Aug. 2. Commissioners officially accepted the resignation at their regular meeting on Monday, Aug. 15. Sept. 2 is the cutoff date that allows Lucy’s replacement to be appointed by the county commissioners rather than
INDEX
Accent ........................... A4 Activities ......................A11 Back Page ................... D6 Business .......................A12 Church ........................... D4 Classifieds .................. D1-2 Editorial ......................... A2 Fair Results ............. B4-12 Health & Fitness ........ A8-9 Legals ............................ D3 North Fork Times ......B1-12 Obituaries ....................A10 Service Directory ........ D5 Sports ..........................C5-6 Surface Creek News ...C1-6 TV Listings ..................C3-4
placing the position on the November ballot. The BoCC said Monday that letters of interest are being accepted from individuals who want to serve the remainder of Lucy’s current term, his second, which expires January 2019. Lucy recommended that current deputy coroner, Lance Boren, in that position since January, 2011, be appointed interim coroner. Lucy’s letter to the BoCC concludes, “It has been an honor and a privilege to serve [as coroner] for the last six years.”
Photo by Randy Sunderland
No clowning around
The rodeo clown steps in to protect bull rider Conner Rowley during the rodeo at the Delta County Fair Saturday night. This year’s Delta County Fair rodeo was held in partnership with the RimRock Rodeo in Fruita, where Rowley is a regular competitor.
Junior Market Livestock Sale brings in $239,475 A total of 211 market animals and pens and three cheese baskets were offered for sale by 4-H and FFA members at the 2016 Junior Market Livestock Sale, held Saturday, Aug. 13, at the county fair. Sales totaled $239,475.00, including $95,400 for 30 beef animals, averaging $3,180 per head; $5,775 for 13 chicken pens, averaging $444.23 per pen; $42,025 for 62 goats, averaging $677.82 per head; $25,250 for 29 lambs, averag-
ing $879.69 per head; $2,150 for four rabbit pens, averaging $537.50 per pen; $62,031.50 for 66 swine, averaging $981.82 per head; and $3,100 for eight pens of turkeys, averaging $387.50 per pen. Total sales for the cheese basket sale were $1,425 for three baskets, averaging $475 per basket. The Delta County 4-H and FFA members again thank all the supporters of the Junior Market Livestock Sale.
PLACING
Last year a total of 172 market animals were sold, with beef averaging $3,862.32 per head, chickens averaging $441.66 per pen, goats averaging $810.26 per head, lambs averaging $944.44 per head, turkeys averaging $450 per pen and swine averaging $1,286.57 per head. Three pens of rabbits went for $500 each. This year’s fair drew 248 4-H/FFA exhibitors and 287 open class exhibitors.
EXHIBITOR
BUYER
Luke Anderson
JC Propane - Carsten Simmentals Master & Doyle Petroleum
$8,000
Reserve grand champion market beef Erica Anderson Reserve champion - Delta County Bred & Fed
Ahlberg Farms Mountain Fresh Corn
$6,000
Grand champion pen of chickens
Bailey Miller
Hotchkiss Automotive
$800
Reserve grand champion chickens
Logan Green
Delta-Montrose Electric
$700
Grand champion goat
Lola Mitchell
JC Propane - Flower Motor Co.
Reserve grand champion goat Champion - Delta County Bred & Fed
Owen Craig
Delta County Farm and Livestock Bureau
$800
Reserve champion goat Delta County Bred & Fed
Haylin McCulloch
JC Propane
$700
Grand champion lamb
Jessica Craig
West Slope Ag Center
$2,300
Reserve grand champion lamb
Luke Anderson
Hellman Motor Company
$1,600
Champion lamb - Delta County Bred & Fed
Jayden Braslin
Dr. Jennifer Craig
$750
Reserve champion lamb Delta County Bred & Fed
Hailey Lofley
Buyers Pool
$800
Grand champion pen of rabbits
Jazemine Raley
Kwiki Tire Service - Kwiki Tire II
$500
Reserve grand champion pen of rabbits
Trenton Gaston
Tony Spears
$800
Grand champion swine Champion - Delta County Bred & Fed
Lola Mitchell
United Companies
$2,600
Reserve grand champion swine
Lane Stroh
Delta Hardware
$1,750
Reserve champion swine Delta County Bred & Fed
Tawny Roberts
Homestead Meats
$2,100
Grand champion turkey
Charlie Miller
Dr. Jennifer Craig
$600
Reserve grand champion turkey
Liam McCollum
Bolinger & Queen
$450
Grand champion market beef Champion - Delta County Bred & Fed
PRICE
$1,400
Photos of the grand champion and reserve grand champion animals and their exhibitors can be found on page B12 of this week’s issue of the Delta County Independent.
PILT payments increase $2 million
Congressman Scott Tipton has announced that the state of Colorado will receive approximately $35.6 million through the federal Payments in Lieu of Taxes (PILT) program for fiscal year 2016, which is an approximate $2 million increase in funding from fiscal year 2015. Delta County’s share is $577,642 for 404,369 acres. The federal PILT program reimburses local governments for losses in tax revenues that are incurred due to the presence of large expanses of untaxable federal lands. On Nov. 23, 2015, Tipton joined a bipartisan group of his House colleagues in urging House leadership to prioritize funding for the PILT program. In a letter Tipton and his colleagues wrote: “For FY16, the Department of the Interior has estimated $452 million will be necessary to fully fund PILT payments and ensure the federal government upholds its longstanding obligation to counties with public lands. If we fail to fully fund the PILT program by the end of the year, these counties will be unable to provide essential servicess, such as education, law enforcement, search and rescue, road maintenance and public health. Moving forward, we hope Congress can work together to end the ongoing uncertainty our communities face and enact a long-term sustainable solution to fully fund PILT.”
BHRC maintenance Bill Heddles Recreation Center will be closed for annual maintenance beginning Friday, Aug. 26, with the main pool, and continuing Saturday, Aug. 27, with all pools. The basketball courts will be closed both Friday and Saturday for a special event. Then at 3 p.m. Saturday, Aug. 27, the full facility will be closed and will remain closed through Thursday, Sept. 1. Between Aug. 29 and Sept. 1, front desk staff will be available from 8 a.m. to 5 p.m. for registration and general information only. The entire facility will re-open Friday, Sept. 2.