FREE Take One
SAN LUIS VALLEY
2018
PROGRESS Government & Environment
February 7, 2018 719-852-3531 835 First Ave. Monte Vista, Colo.
Page 2
Government & Environment Progress
Wednesday, February 7, 2018
Partnerships, working together highlighted during premier of ‘America’s Forests with Chuck Leavell’
DENVER– Chuck Leavell may be best known as the keyboardist and musical director for The Rolling Stones, but he is also an educated and enthusiastic forestry advocate, conservationist and tree farmer, and host of the new national TV series, America’s Forests with Chuck Leavell. He was joined by national and local thought leaders at the Denver Museum of Nature and Science on Jan. 24 for the debut of the new episode featuring stories and public benefits from Colorado’s forests, along with robust discussion about challenges, opportunities and innovations happening within our forests. “The search for solutions to the problems of sustainable growth, climate change and energy conservation is increasingly inspiring thought leaders to look at one of America’s finest resources -- our forests,” said Leavell. “Whether for building or for recreation, our forests are good for the economy and for the spirit.” Timed to coincide with the Outdoor Retailer + Snow Show, conversations on forest health, management and utilization took place with Leavell, Governor John Hickenlooper, Tony Tooke, Chief of the U.S. Forest Service, and Chris Topik, Director of Forest Restoration at The Nature Conservancy. Following the premier of the Colorado episode, an intimate fireside chat was hosted by Leavell alongside Brian Ferebee, Regional Forester for the Rocky Mountain Region of U.S. Forest Service; Jim Neiman, President and CEO of Neiman Enterprises; and Paige Lewis, Deputy Director/Director of Conservation of the Colorado chapter of The Nature Conservancy. While diverse constituencies were represented, a number of consistent themes emerged including the crucial importance of public-private partnerships in shared stewardship of our lands, implementing proactive and innovative strategies to manage our lands versus reactive,
Courtesy photo
Chuck Leavell talks with Governor John Hickenlooper during the filming of an episode featuring Colorado’s forests. and the opportunities that are available through online for viewing at americasforestswith- the USDA Forest Service, Denver Water, maintaining multi-use lands. chuckleavell.com. The episode includes seg- Colorado State Forest Service, Intermountain “Public and private partners across the coun- ments on the therapeutic value of our forests, Forest Association, El Pomar Foundation, try are working hand-in-hand to both care for the importance of forests to our water supply Rocky Mountain PBS and the Denver Museum and create sustainable solutions using wood and the innovative ideas on turning the wood of Nature and Science. from our forests,” said Bruce Ward, president from forests devastated by the mountain pine For more information on the series, to host of Choose Outdoors. “This important work is beetle epidemic into musical instruments, a showing of an episode or to get involved vital to a healthy forest environment that pro- skis, snowboards and sustainable building in future episodes, visit americasforestswithvides world-class recreation, wildlife habitats applications. chuckleavell.com, follow along on Facebook, The series is produced by Choose Outdoors Instagram and Twitter, or contact Bruce Ward, and scenic beauty.” Following the premier, the Colorado episode and 42 Degrees North Media and the Colorado President of Choose Outdoors, at brucefirst aired on Rocky Mountain PBS and is now episode was made possible with support from ward1@gmail.com or 303- 917-1476.
Forest seeks input on Summitville area proposals SOUTH FORK – The Rio Grande National Forest is seeking input on two lands proposals affecting the Summitville area located 14 miles south of South Fork. In the first proposal, a portion of the northern boundary of the Wightman to Lookout Roadless Area identified in the 2012 Colorado Roadless Rule would be modified. Approximately 16 acres that lie within and adjacent to the Summitville superfund site would be removed from Colorado Roadless designation. The proposal would also add 10 acres of newly acquired lands to the roadless area, resulting in a net decrease to Colorado Roadless Areas of approximately six acres. A 90-day comment period for this project began with publication of the proposed boundary modification in the Federal Register on November 30, 2017. Comments are due to the Rio Grande National Forest by February 28. In the second project, referred to as the Summitville Interchange, the Forest proposes to convey 76 acres in 31 separate mineral survey fractions within and adjacent to the Summitville Superfund site to Rio Grande County in exchange for three county parcels totaling 71 acres, also in the Summitville area. The Forest is seeking public input to inform the environmental
analysis. Input should be provided to the Rio Grande National Forest by February 22. The purpose of the Summitville Interchange is tied to the cleanup history and future maintenance of the Summitville Mines Superfund Site. The Colorado Department of Public Health and Environment (C.D.P.H.E.) and the Environmental Protection Agency have completed the construction of the infrastructure needed to remedy acid mine drainage at the Summitville Mine Superfund site. The remaining activities at the site include continued treatment of the drainage and placement of administrative controls to protect the superfund remedy actions over the long-term. T h e C . D . P. H . E . , E . P. A . a n d Rio Grande County have been working cooperatively to update and formalize a revised long-term environmental covenant on the site. The State of Colorado is unable to place File photo a protective environmental covenant upon federal lands and so, together with the EPA, are requesting the transfer of these small parcels to Rio Grande County. Rio Grande County currently owns most of the non-federal land within and outside the Summitville Institutional Control Boundary. The county acquired the land in 2003
through property tax default as a result of the former Summitville mine operator declaring bankruptcy. It is the intention of C.D.P.H.E., E.P.A. and Rio Grande County to have county ownership of all lands within the institutional control boundary to protect the superfund remedy under the environmental covenant. The county has proposed to convey specific parcels it owns outside the boundary for the federal parcels within the boundary. The proposed interchange would allow the State of Colorado, Rio Grande County and Environmental Protection Agency to place a protective environmental covenant on all lands within the Summitville Superfund Site. The Forest Service would dispose of un-manageable mineral survey fractions within the superfund site in exchange for adjacent properties that allow for boundary consolidation by eliminating three private inholdings. Written comments may be mailed or delivered to the Rio Grande National Forest, Attn: Tom Malecek, 1803 West Highway 160, Monte Vista, CO 81144; by facsimile to 719-852-6250; or email to comments-rockymountain-rio-grande@fs.fed.us. Comments should be postmarked or received no later than February 22 for the land interchange proposal and February 28 for the boundary modification. Additional information, including maps of the interchange parcels and proposed roadless boundary modification, may be viewed at the Rio Grande National Forest website at https://www.fs.usda.gov/projects/ riogrande/landmanagement/projects. Contact Deputy Forest Supervisor Tom Malecek for additional information at 719-852-6225 or tmalecek@fs.fed.us.
Attorney general joins other states in water case
DENVER — Colorado Attorney General Cynthia H. Coffman announced that her office filed a brief in the U.S. Supreme Court in State of New York v. Environmental Protection Agency, No. 17-418. The brief was filed on behalf of the State of Colorado and 10 other western states, and in cooperation with dozens of western water providers. The brief is the latest effort by Colorado in a nearly decade-long battle to support the Environmental Protection Agency’s Water Transfers Rule, a federal regulation that recognizes the right of states to manage “water transfers”—projects that ensure water is available where it is needed most. Water transfers are critically important, especially in the arid West. Without them, local water providers from Denver to Los Angeles could not deliver essential water supplies for municipal, industrial, and agricultural use. Water transfers are typically government operated and do not introduce pollutants into sources of water. They simply move water from one natural source and transport it for use elsewhere. EPA’s Water Transfers Rule recognizes that states have always had authority to regulate these activities. Yet a group of litigants, including a coalition of eastern States led by New York, have argued that water transfers should be subject to costly and burdensome regulations under the Clean Water Act. This would be contrary to decades of policy by the EPA and to Congress’ decision to defer to state authority to manage water resources. “Water is the lifeblood of the West,” said Attorney General Coffman. “We’ve often had to fight to keep our authority to manage and protect this critical natural resource, and Congress has recognized that the regulation of water resources should be close to home. We protect our water and we have many tools to ensure that it is managed in an environmentally responsible way. There is simply no need to require states in the West to jump through additional, costly federal hoops that do nothing to protect our water resources.”
Wednesday, February 7, 2018
Government & Environment Progress
BLM and Forest Service announce 2018 grazing fees
WASHINGTON, D.C. – The federal grazing fee for 2018 will be $1.41 per animal unit month (AUM) for public lands administered by the Bureau of Land Management and $1.41 per head month (HM) for lands managed by the USDA Forest Service. The 2017 public land grazing fee was $1.87. An AUM or HM—treated as equivalent measures for fee purposes—is the use of public lands by one cow and her calf, one horse, or five sheep or goats for a month. The newly calculated grazing fee was determined by a congressional formula and takes effect March 1, 2018. The fee will apply to nearly 18,000 grazing permits and leases administered by the BLM and nearly 6,500 permits administered by the Forest Service. The formula used for calculating the grazing fee was established by Congress in the 1978 Public Rangelands Improvement Act and has remained in use under a 1986 presidential Executive Order. Under that order, the grazing fee cannot fall below $1.35 per AUM/HM, and any increase or decrease cannot exceed 25 percent of the previous year’s level. The annually determined grazing fee is established using a 1966 base value of $1.23 per
AUM/HM for livestock grazing on public lands in Western states. The figure is then calculated according to three factors—current private grazing land lease rates, beef cattle prices, and the cost of livestock production. In effect, the fee rises, falls, or stays the same based on market conditions. The BLM and Forest Service are committed to strong relationships with the ranching community and work closely with permittees to ensure public rangelands remain healthy, productive working landscapes. Fifty percent of the collected grazing fees deposited into the U.S. Treasury are returned to the Range Betterment Fund for on-the-ground range improvement projects. Portions of collected fees are also returned to the states for use in the counties where the fees were generated. The grazing fee applies in 16 western states on public lands administered by the BLM and the Forest Service. The states are: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming. Permit holders and lessees may contact their local BLM or Forest Service office for additional information.
RCPP project to assist in conservation needs SAN LUIS VALLEY— The United States Department of Agriculture Natural Resources Conservation Service (NRCS) in Colorado, in partnership with the Rio Grande Water Conservation District- Special Improvement District #1 (Subdistrict #1) recently announced funding availability to assist producers in addressing issues of drought and aquifer depletions within Subdistrict #1. The Colorado Rio Grande RCPP Project will provide expertise and financial incentives to successful applicants that reduce water consumption, enhance soil moisture retention capabilities, and improve overall soil health. Subdistrict #1 is located in portions of Alamosa, Rio Grande and Saguache counties and was recognized as a legal entity in 2006. The subdistrict was formed in order to take action and help restore a balance between available water supplies and current levels of water use so that the San Luis Valley can continue to remain a sustainable agricultural community. The RCPP funds awarded for this project from NRCS will be matched by funds made available through Subdistrict #1 on a one-to-one basis for practices that are implemented and result in a net savings of irrigation water. Many irrigation water management practices such as weather stations, soil moisture monitoring systems, residue management, conservation crops, and others will be made available to eligible producers that wish to voluntarily enroll into this program. This project will also provide assistance and incentives to producers who voluntarily fallow irrigation land to conserve irrigation water. Rotational practices and cover crop plantings and management will not only assist landowners in better managing
Free energy improvements offered to SLV residents
SAN LUIS VALLEY— Energy Outreach Colorado (EOC) is reminding residents in the San Luis Valley that free home energy improvements are available through Colorado’s Affordable Residential Energy (CARE) program that is managed by EOC. In the San Luis Valley, CARE is a partnership between Xcel Energy and the Energy Resource Center. CARE experts installed free storm windows and other energy-efficient improvements to increase comfort and safety as well as costs. Residents can also enroll as a free income-qualifying subscriber to a newly built solar energy project that generates energy through a concentrated garden of panels. The San Luis Valley solar garden was developed by Clean Energy Collective, based in Louisville, CO. Five percent of all subscribers in the six-county region are reserved for qualified, low-income subscribers at no cost. The energy produced by the garden is sold to Xcel Energy. To learn about CARE and the community solar garden, contact Jenna Harmon in the EOC office at jharmon@energyoutreach.org or call 303-226-7064.
their irrigation water, but will also provide soil erosion and soil health benefits. The application of these practices will reduce pumping costs and hopefully contribute to an improved aquifer and increased streamflows. For more information on the Colorado Rio Grande RCPP project, visit the Colorado NRCS Website or contact a local NRCS office or the RGWCD-Subdistrict #1 office in Alamosa, Colorado. The deadline to submit applications is March 2.
Page 3
Rio Grande National Forest Plan revision update SAN LUIS VALLEY—The forest plan provides over arching guidance for implementing projects, practices, uses and protection measures to assure sustainable multiple use management of the Rio Grande National Forest. The forest is currently operating under the 1996 Land and Resource Management Plan. Draft forest plan and environmental impact statement was made available for review on Sept. 29, 2017 beginning the 90-day comment period. Comment period ended Dec. 29, 2017. The draft plan and DEIS was announced in the “Federal Register,” legal notice in “Valley Courier,” news release to local print and radio media and email to nearly 600 person plan email list and SLV county commissioners/county contacts. Four public meetings were held in Creede, Del Norte, Saguache and Conejos. Several other meetings were held with county commissioners and with interested organizationss that requested innformational meetetings. Four alternatives ives were analyzed in n the draft environmental al impact statement. These hese alternatives provided d a wide range of management ment options to allow for a thorough ugh analysis. The alternative were ere developed with the help off comments received during the he initial scoping period for the
plan. Close to 300 people and organizations provided comments on the draft forest plan and draft environmental impact statement. The comments range from short general comments to very thorough multi-faceted comments. The comments will be considered and inform any revisions needed for the final environmental impact statement. The deciding official, Forest Supervisor Dan Dallas, will review the comments and final environmental impact statement to then make his decision concerning the forest plan. Dallas can pull parts from any and every alternative analyzed to use in the draft final forest plan. The draft forest plan, draft environmental impact statement, and maps may be viewed at the Rio Grande National Forest website at www.fs.usda.gov/riogrande. The final draft forest plan, final environmental impact statement and draft record of decision should come out in late spring or summer of 2018.
Page 4
Government & Environment Progress
Wednesday, February 7, 2018
LRC attorney reaffirms local land rights BY SYLVIA LOBATO SAN LUIS — Another battle seems to have been won, but the war rages on. The owner of Cielo Vista Ranch, long called “La Sierra” or “the Taylor Ranch” has reportedly agreed to some stipulations outlined in a letter from attorney Aaron Boschee regarding a form letter sent to some persons holding rights to use the land. Not every one of the rights holders received letters, and Attorney Ronald Fano, representing ranch owner William Harrison, did not explain why. In his form letter, Harrison also offered to buy land rights for $300 each. More than 100 persons, many of whom have fought for more than 40 years to regain rights to lands once granted by treaty to their forefathers, crowded a church hall at San Luis on Jan. 15 to hear more about the situation and have questions answered by Land Rights Council (LRC) Chair Shirley Romero-Otero and attorney Jerome DeHerrera, a member of the legal team. All of the attorneys have worked pro bono, essentially for free, since the original lawsuit was filed in 1981. Part of a land grant dating to the 1800s, the ranch has been owned by New Bern, N.C. lumber baron Jack T. Taylor, Enron executive Lou Pai and a group of Texas investors who named it Cielo Vista. The latter group sold the ranch to Harrison for an estimated $105 million. ‘A place to play’ According to Romero-Otero, Harrison recently told a group of LRC representatives and attorneys that he bought the land because “I need a place to play.” She responded that children of rights holders need to be allowed to go onto the ranch, camp there and reconnect with the land. Romero-Otero said Harrison appeared to be “young and naïve,” but that impression changed as time passed. He inherited great wealth at age 17, but couldn’t claim it until he was 30 — in 2017 — and, in response to questions about his knowledge of the ranch, said he had read a book about the ranch and litigation, a book characterized by LRC as being very “biased” against Romero-Otero and other plaintiffs in
Photo courtesy of Dana Maestas
Attorney Jerome DeHerrera, far right, answers questions posed by members of a large audience at a meeting Monday regarding the rights awarded plaintiffs in a suit against owners of land on what once was called “La Sierra.” Land Rights Council Chairwoman Shirley Romero-Otero listens from the stage. nation does not satisfy my concerns about the communication and its impact on my clients.” He charges that Fano “improperly allowed Harrison to sign what is plainly a legal communication” in violation of Rule 4.2 of the Colorado Rules of Professional Conduct regarding communication about the subject of the ranch rights with persons known to be represented by an attorney. “Despite this, you permitted your client to sign what is plainly a legal communication: The offer characterizes my clients’ legal rights, makes an offer of settlement for those legal rights, describes the process by which my clients might accept the settlement offer and concerns the exact subject matter of my representation in a 30-year running lawsuit.” “You cannot evade the rule by merely placing the improper communication on your Attorney letters In a harshly worded letter dated Jan. 10, client’s letterhead… Nor does the fact that Boschee addressed a Jan. 3 letter of explanation Mr. Harrison’s Texas lawyer drafted the letter written by Fano. “Unfortunately, your expla- remedy the violation.” the long-running suit. Management plans are being worked out by the LRC regarding gathering wood and grazing. These will be presented to Harrison. “We need the management plans to be environmentally friendly.” Romero-Otero said the management plans will be the bulk of LRC work for the next 24 months and “LRC can’t do it alone — help, volunteer, do what you can.” Romero-Otero said the high courts have determined, “Our rights trump their rights.” “Our children need to know this.” At the beginning of the meeting, Pete Espinoza, one of the original plaintiffs, said most of the people involved are aging and the youth need to become involved.
Marshall White, a Texas-based attorney, was listed as contact person for those submitting transfer documents. Fano suggested he was acting as a “landman,” not an attorney. He has been instructed to take no more calls. A “non-lawyer administrative assistant” will take the calls. “At best, that explanation just implicates additional ethical rules, including unauthorized practice of law,” Boschee wrote. Fano claimed the offer was an attempt by Harrison to see if people with rights they weren’t using might want to sell them. DeHerrera advised the rights holders to ignore the first letters and “If anyone gets some documents, you must not answer them… Nothing is effective until the letter is sent to class action counsel.” “He has a right to make an offer, even if it’s a ridiculous offer, but nothing is effective.” The Boschee letter says the purpose of the Please see RIGHTS on Page 8
Hunting, Fishing and Parks for Future Generations Act introduced
COLORADO— A bipartisan team of Colorado lawmakers introduced the Hunting, Fishing, and Parks for Future Generations Act (Senate Bill 18-143) on Monday, Jan. 29 in an effort to bring a long-term funding solution to Colorado Parks and Wildlife (CPW). The bill is sponsored by two Republicans -- Sen. Don Coram of Montrose and Rep. Jim Wilson of Salida, and two Democrats -- Sen. Stephen Fenberg of Boulder and Rep. Jeni Arndt of Fort Collins. Introduction of the bill follows roughly three-years of public meetings with legislators and outdoor enthusiasts to gather feedback on the agency’s financial challenges and the future of Colorado’s outdoor recreation opportunities, state parks and wildlife. CPW receives less than one percent of its annual budget from general fund tax revenue. The agency is supported primarily by the sale of hunting and fishing licenses, state park passes and camping fees. However, resident hunting and fishing license prices are set in statute and have not changed since 2005. Since that time, inflation has increased almost 30 percent, reducing CPW’s ability to meet the needs and expectations of Coloradans. State Park entrance fees also have not changed since 2010. The agency is seeking approval to adjust fees to cover the rising costs associated with managing wildlife, protecting habitat and maintaining and improving state parks to meet the needs of a booming population. With this new funding, CPW commits to pursuing the following goals and objectives by 2025:
• Grow the number of hunters and anglers in Colorado through investments in programs such as hunter education, Fishing is Fun, and the Cameo Shooting and Education Complex, and grants for shooting ranges in all regions of the state. • Expand access for hunters, anglers and outdoor recreationists by renewing existing high-priority leases and supporting additional public access programs on public and private lands. • Increase and improve big game populations through investments in habitat and conservation, including building more highway wildlife crossings to protect wildlife and motorists. • Improve species distribution and abundance monitoring and disease prevention efforts through partnerships with private landowners. • Increase the number of fish stocked in Colorado waters to above 90 million through hatchery modernization and renovations. • Identify and begin planning the development of Colorado’s next state park. • Reduce risks to life and property and sustain water-based recreation opportunities by reducing CPW’s dam maintenance and repair backlog by 50 percent. • Engage all outdoor recreationists, such as hikers, bikers, and wildlife watchers, in the maintenance of state lands and facilities and the management of wildlife. • Recruit and retain qualified employees to manage wildlife, park, recreational and aquatic
tat protection, as well as deferred maintenance resources. • Provide quality infrastructure at CPW on its 110 dams. “Recreation needs conservation, otherwise properties by completing much needed conwe have no place to play, and conservation struction and maintenance. needs recreation. Our wild spaces, our wildTo achieve these objectives, the bill adjusts life and natural resources need people to care fees for hunting and fishing licenses and parks enough to invest in them for the long term,” passes, including increasing most multi-day said CPW Director Bob Broscheid. “All Coloand annual resident hunting and fishing license radans benefit from healthy parks and abundant prices by $8. For example, the cost of an annual wildlife - they bring us a sense of place and fishing license will increase from $26 to $33 purpose.” Pressure continues to mount on our natural and the cost of an elk tag will increase from $45 to $53. In addition, the bill reduces annual resources as more people visit and move to fishing license prices for 16 and 17-year-olds Colorado for our quality of life and outdoor to $8, and allows the Parks and Wildlife Com- recreation areas. CPW is the state’s leading mission to implement other license discounts agency for providing recreational venues for to introduce a new generation of hunters and residents and tourists; and the agency is a national and international leader in conservation anglers to the outdoors. The bill also allows CPW to raise state park management and research. “Through management of state parks and entrance fees but caps any proposed increases at $1 in any year for a daily pass and $10 in any abundant wildlife species, CPW helps to year for an annual pass. Finally, the bill ensures contribute billions in economic horsepower accountability by requiring annual reporting of to rural and urban communities,” Broscheid program expenditures made with increased fees said. “These places, our state parks, wildlife and the impact of those expenditures on the and their habitat are a vital part of Colorado’s achieving CPW’s 2025 goals and objectives. heartbeat, they have shaped our past — they CPW has cut or defunded 50 positions and shape our lives today and we must begin to reduced $40 million from its wildlife budget shape our future or it will shape us. We must since 2009 to address funding shortfalls. Some ask ourselves: How do we want our future to of the cuts include elimination of the Big Game look?” For more information on the Future GenAccess Program, cuts to Aquatic Nuisance Species funding, diminished investment in capital erations Bill please visit the CPW website at: improvement projects, and reductions in grants http://cpw.state.co.us/aboutus/Pages/Futurefor Fishing is Fun, wetlands, boating and habi- Generations-Act.aspx
Wednesday, February 7, 2018
Government & Environment Progress
Page 5
Saguache County marijuana wars: battle just beginning Will cannabis cultivation impact the environment? BY TERESA L. BENNS
SAGUACHE COUNTY — While Saguache County may be the second highest rural Colorado county following Pueblo County in the number of marijuana cultivation permits issued, the number of cannabis grows in Saguache County is now under scrutiny. The battle for and against marijuana production in Saguache County is just beginning, with property owners now fighting back against what they believe is an infringement on their property rights. At a recent public meeting in the spacious road and bridge meeting room in Saguache, around 100 people gathered Jan. 29 to voice their opinions about whether a moratorium should be placed on the county’s approval of applications, which now has reached a total of 29. Every application that has come before the county Planning Commission (PC) and Saguache commissioners for approval has been given the go-ahead to produce, despite numerous complaints from neighbors. The most common complaint is that neighbors never receive notification that a grow is going in on the borders of their property and therefore cannot appear at PC or commissioner meetings to protest the grow. But property owners have been told their objections really don’t matter. At a recent PC meeting, where a young couple complained they had never received a notice. The commission explained that when grow applications are brought to the commission they have no choice but to approve them if they seem in line with county regulations. PC member Bill McClure says the commission is simply “following the rules.” All the applications are forwarded to the commissioners for review anyway, member Lynne Thompson commented. Land Use Administrator/County Co-Administrator Wendi Maez explained that objections made by citizens are used only to modify the plans presented in applications to accommodate
A healthy marijuana leaf is displayed
Photo by Teresa L. Benns
Visitors to the Valley are greeted on their way in from Highway 17 in northern Saguache County by hastily constructed greenhouses, presumably for marijuana grows, constructed in Lazy KV Estates. Several other similar eyesores can be see along this same stretch of highway. neighbors. There is no real way an adjoining applications issues and the county needs to step tion are forced to leave if they wish to find steady property owner can stop a grow if it is presented back and re-examine its process. employment. Saguache Commissioners are moving slowly to the commission in accordance with county But property rights concerns seem to take in calling for the moratorium, which was first precedence over the economic benefits in the (and state) regulations. As one PC alternate member, Mark Swinney, suggested in November. Growers told commis- opinions of most, regardless. And other negatives stated at the public meeting: “There is a lack of sioners at the public meeting Jan. 29 that they were mentioned at the public meeting that many zoning, a lack of concern for the community, and would be injured economically by the morato- feel are adversely impacting the environment. [a lack of concern for] the county’s children and rium, regardless of its length and some frankly values… [In the working world] if I had ever said it would destroy their businesses. Environmental concerns “We should never have adopted the idea that passed as many grows as I’ve seen passed here in “In the big picture of things, I have to look the last six weeks, I would have been fired. If you the only way to do economic development is at water. Commissioners need to listen to what don’t enforce a code, why bother with a code?” marijuana,” county resident Lisa Rosen com- landowners are saying and support a moratoThe county’s compliance with the state Mari- mented at the public meeting. But successive rium,” Ruth Horn told fellow residents at the juana Enforcement Division’s regulations as well commissioners over the years have encouraged public meeting. Water is an ongoing concern, as their own regulations— and which of the two, mainly cottage industries, claiming county not so much for legal grows but for illegal grows. take precedence— is one of the reasons citizens residents wished to keep even light industry from Many growing illegally take their water secretly attending the public meeting were advocating for setting up shop in the county. from irrigation ditches, ponds, streams and other This despite consistent complaints over the sources. And property owners are afraid they a moratorium. Bonanza resident Bill Case has pointed out in two recent commissioner meet- years from county residents that their children will deplete already stressed wells and surface ings that there are irregularities in some of the cannot find jobs in the Valley and after gradua- water sources, especially with what seems to be a returning drought situation. There also are other unknowns regarding marijuana cultivation. Can the oils from the plants, after they are watered, eventually seep into the aquifer and affect the water table? How soon could this happen — after 50 grows, 100 grows or 200? If cannabis growers prevail in the Valley, will there be any water left for farmers and ranchers? As with any untried venture, many speculate that marijuana cultivation is one huge experiment that could easily backfire in a number of ways. As saguache town board trustee Terry Gillette pointed out at the public meeting, there is a concern regarding ground water contamination, (from fuels and oils, fertilizers, even natural agents and chemicals); the large increase in energy use (diesel, gas generators) and negative impact on local roads not intended for commercial trucks. In addition, property values dropping are dropping where grows are next to residential areas, negatively affecting entire neighborhoods. Other concerns are the many temporary structures, RVs included, where harvest and part-time employees camp, or illegal short-term growers set up camp, throughout the county. There are eyesores off both Highways 285 and 17, structures occupied by families with no sanitary facilities and often with no running water. According to unconfirmed reports, the county is not citing these workers for violating state human waste disposal regulations, put in place to prevent contamination of the local water supply. Many loose ends remain untied in the marijuana cultivation industry that citizens are now asking county elected officials to collect. And until the situation is resolved, Saguache County residents will see no progress and will continue to suffer the growing pains of the marijuana experiment, which many now believe has gone Courtesy photo horribly wrong.
Page 6
Government & Environment Progress
Wednesday, February 7, 2018
Valdez, Crowder set legislative goals STAFF REPORT DENVER — Having already sponsored multiple bills in less than a month, District 35 Sen. Larry Crowder (R) and District 62 Rep. Donald Valdez (D) continue to put their constituents fi rst. During Colorado’s 71st General Assembly the legislators have focused on improving rural communities with bills addressing broadband, jails, healthcare, veterans and more. “I keep my nose in my district and it’s served me very well,” Crowder said. “I’ve never made a vote to be reelected. I always make a vote for the benefit of my district.” For Valdez’s second session ever, the representative already had a co-sponsored bill signed by Gov. John Hicklenlooper, only eight days after it was introduced. Called the “Enhanced Nurse Licensure Compact,” Senate Bill 27 allows nurses to maintain multi-state licenses and make it easier for them to provide telehealth services. “That has helped out our nurses and we need to continue growing our nurses throughout the state, especially in our communities like Alamosa,” said Valdez in a phone interview. On Jan. 29 House Bill 1116, which Valdez also sponsored, became law. Called “Broadband Deployment Board Apply for Federal Funds,” the bill authorizes the application and allocation of federal broadband dollars to the state. “I voted for that bill because that will help with funding for the San Luis Valley to increase broadband in areas where we desperately need to grow broadband. If we have that connection from point a to point b, that connects our communities not only to
Colorado but to the rest of the world.” Another bill Valdez is proud of sponsoring is HB1038, the “Continuing Education for Surveyors” bill. Currently waiting for a vote in the senate, this bill will require that professional land surveyors join a continuing education program in order to renew their licenses due to the changing technologies. “Currently, over half of all land surveyors were certified before the year 2000, and before the common use of GPS and other technological advances in their field of practice,” said Valdez. “This bill will help to ensure Coloradans receive accurate land surveys, regardless of who performs it, and reduce the number of land disputes that end up in our court system.” Valdez is keeping his eye on various bills that deal with improving roads, managing the opioid epidemic and fi xing education funding. “Last year we funded each school an additional $242 per pupil,” said Valdez on 2017’s school finance bill. “Was that enough? No, it wasn’t. We need to continue funding education and growing educators.” Crowder, a seasoned politician with five legislative sessions already under his belt, is currently set on addressing Colorado’s overcrowded jail population as well. According to the senator, the state’s Department of Corrections is projected to increase by 1,114 inmates through 2019 yet the system only has 353 empty beds available. “We’re looking at ways to improve community corrections, ways to revamp parole, and how to alleviate beds in other prisons,” said Crowder. “Right now it’s a pretty contentious problem.” To assist the issue Crowder co-sponsored
Donald Valdez
Larry Crowder
HB 1132 to double DOC reimbursements to county jails that house DOC inmates to $108.78 per day. “I want this jail problem fixed,” Crowder said. So far Crowder has passed SB44 through the senate. The bill would allow private employers the option to prefer veterans in the hiring process. Additionally, Crowder wants to exempt used vehicles from state sales tax to make transportation more affordable for the middle and low-income class with SB77. Another piece of legislation that Crowder wants to pass is a bill that makes it easier
for noncitizens to obtain a driver’s license. If the bill passes they’ll have the option to use their social security number to apply. Crowder said applicants still need to have insurance and pass the driver’s test. “What we need is people to come to work in agriculture,” said Crowder. “We need them to be able to drive to work and when they get there they need to be able to drive the owner’s equipment. The only way they can do that is with a legal driver’s license. This is about being able to fill the workforce in rural agriculture.”
Coloradans distrust lawmakers, support Dreamers, finds CU Boulder survey COLORADO— Colorado residents “firmly disapprove” of President Donald Trump and the U.S. Congress, with waning confidence in state lawmakers on both sides of the aisle. They overwhelmingly support “Dreamers” and would more likely favor a Democratic candidate if a congressional election were held today. These are some key findings from the second annual Colorado Political Climate Survey released Thursday by the American Politics Research Lab at the University of Colorado Boulder. “Not surprisingly, people in Colorado are unhappy with the state of politics right now, and it is affecting how they view lawmakers
and policy issues at the local level,” said political science professor and lab director Scott Adler, one of three collaborators on the survey. Launched in 2016, the nonpartisan lab supports research, education and public engagement about American politics. The survey was administered online to more than 800 demographically diverse residents in November, asking questions ranging from how they feel about providing tax incentives for large companies, like Amazon, to their views on climate change and marijuana legalization. The survey also asked how respondents might vote in the upcoming gubernatorial election. The Colorado Political Climate Survey is
State releases plan for electric vehicles on highways DENVER — Gov. John Hickenlooper announced the release of the Colorado Electric Vehicle (EV) Plan, delivering on a directive set forth in the July 2017 Executive Order, “Supporting Colorado’s Clean Energy Transition.” “The Colorado EV Plan serves as a roadmap to build out a fast-charging network, giving Coloradans the ability to travel anywhere in the state in an EV,” said Governor John Hickenlooper. “The plan includes a set of goals and strategies that ensure Colorado continues leading in adoption of EVs and leverages the economic development and tourism benefits.” The plan was developed in partnership with the Colorado Energy Office (CEO), Regional Air Quality Council (RAQC), Colorado Department of Public Health and Environment (CDPHE), and Colorado Department of Transportation (CDOT). The agencies and council undertook an extensive stakeholder engagement process with utilities, government entities, non-governmental organizations, and industry representatives. The plan details a series of actions supporting EV infrastructure along Colorado’s corridors. It also lays out goals to accelerate
adoption of EVs and ensure Colorado remains a leader in the EV market. Colorado EV Plan Five Key Action Areas: Create strategies and partnerships to build out EV fast-charging corridors. Coordinate with Regional Electric Vehicle West memorandum of understanding states on Intermountain electric corridor. Develop strategic partnerships with utilities, local governments, and other stakeholders. Update signage and wayfinding requirements to include EV fast-charging. Ensure economic and tourism benefits and increase access for all Coloradans. In October 2017, the governors of eight Western states signed the Regional Electric Vehicle West memorandum of understanding (REV West MOU). The REV West MOU created a framework for collaboration in developing an Intermountain West Electric Corridor. Interstates 70, 76 and 25 are included under Colorado’s commitment to the REV West Plan. The Colorado Electric Vehicle Plan will be updated on an annual basis to ensure Colorado remains responsive to a rapidly-changing market.
the first to offer a comprehensive, annual look at political attitudes of residents in the battleground Centennial State over time. “The survey adds to the public discourse by focusing on issues that are important for both state and national policymakers that other surveys do not ask about,” said Carey Stapleton, a fourth-year PhD student who helped develop the survey. Trust in elected officials on the decline On the national level, only 14 percent of survey respondents (18 percent of Republicans and 13 percent of Democrats) approved of Congress’ job performance, down from 26 percent in 2016. Thirty-four percent (79 percent of Republicans and four percent of Democrats) approved of Trump’s performance, with more men expressing approval than women. This compares to the 57 percent overall approval rate respondents gave to Obama in 2016. Despite a slight decline in his approval rating, a majority (53 percent) of Coloradans still approve of Gov. John Hickenlooper. But both Democratic Sen. Michael Bennet and Republican Sen. Cory Gardner saw their approval ratings slip below the 50 percent mark: 44 percent approve of Bennet’s performance, down from 53 percent in 2016; 25 percent approve of Gardner’s performance, down from 43 percent in 2016. “Gardner saw the biggest change in job approval among statewide elected officials,” the report states. “Not only is Gardner’s overall approval rating very low among Democrats (12 percent) as we might expect, but he scores quite poorly among independents (23 percent) and lacks majority approval among Republicans (46 percent).” On the state level, approval of the legislature fell from 51 percent to 43 percent overall. While trust in local government remained unchanged and fairly robust, trust in the federal government plummeted: In 2016, 1 in 4 said they trusted the federal government. In 2017,
1 in 10 said they did.
Coloradans split on issues, except DACA Coloradans were split along party lines on most policy issues. But on immigration, a notable exception emerged: 71 percent (including 52 percent of Republicans) said they favor allowing undocumented residents who came to the country as children, aka “Dreamers” to stay in the country via policies like DACA (Deferred Action for Childhood Arrivals). “With the current national debate on immigration, I think it is important to note that a majority of all partisans—Democrats, independents and Republicans—support allowing Dreamers to remain in the United States,” Stapleton said. Coloradans also gave lukewarm support (56 percent) for tax-incentives to bring large companies to Colorado. Two-thirds support marijuana legalization, and 60 percent support increased gun-control measures.
Looking forward When asked whether they would support a Democratic or Republican candidate in the next congressional election, respondents favored Democrats by almost 20 percentage points, a spread that has grown since 2016. Democrats fared better in urban and suburban areas, while in rural areas, to the surprise of the authors, the vote would be “dead even.” The authors say it is too early to tell whether Colorado is shifting from purple to blue “but our numbers from the past two years would seem to be consistent with such a trend.” The survey will be repeated next fall, with results released before the 2018 election. Political science students helped develop the survey, and market research firm YouGov administered it, assuring the survey sample matched Colorado’s demographics. The margin of error was 3.5 percent. The College of Arts and Sciences Undergraduate Education Development Program provided financial support.
Wednesday, February 7, 2018
Government & Environment Progress
Page 7
The caucus and assembly process BY A NTHONY GUERRERO
SAN LUIS VALLEY— On the evening of Tuesday, March 6 several members of the community will meet at local churches, school, libraries and even homes to participate in the caucuses of political parties. These small to large group gatherings are an important participation in democracy and a chance for citizens to have a voice in who may represent them at the highest levels of government. The two major political parties to hold caucuses likely to affect the outcome of state and federal elections are the Democratic and Republican parties. According to the Colorado Secretary of State, a precinct caucus is “a meeting of registered electors who are members of a particular major political party. The purpose of a precinct caucus is to elect precinct committee persons and delegates to county assemblies.” During caucus participants hear from supporters of different campaigns, or supporters campaign for candidates attempting to convince caucus-goers to be delegates for a candidate. At this year’s caucuses voters will primarily hear from campaigns for governor as that is the highest contested race in the state for 2018. Voters will let their preference be known. Some candidates may be eliminated on caucus night if they do no meet a viable threshold. As in any contest there are winners and losers. However, second or third place does not automatically make a loser in a caucus. Candidates must simply be viable by a predetermined percentage. They will then be awarded delegates who will attend the county assembly to support them. Political parties report caucus night results to the media and both parties then have a better indication of who their general election candidate may be. The Precinct Committee People (PCP) elected at caucus carry the responsibility of representing their neighborhood at a meeting of the political party’s central committee and motivating “get out the vote” efforts throughout the election campaign season.
County assembly A candidate’s journey to the party’s primary ballot continues at the county assembly if they were determined to be a formidable force at the precinct caucuses. In 2018 the gubernatorial candidates will be the ones with elected delegates at the county assembly. The county assembly expands to include candidates for county offices such as sheriff, treasurer, assessor, commissioner and coroner. Candidates for county office must also meet a threshold at county assembly to win a place on the party’s primary ballot. County race candidates campaign to county assembly delegates to try and win their vote. At the county assembly delegates are also elected to attend the state and congressional assemblies. In presidential years these are state assemblies and conventions which then proceed on to national conventions. State assembly State party leadership allows counties a limited number of elected delegates to the state and congressional assemblies. The gubernatorial race continues at the state assembly and is the final effort for these candidates in 2018 to be on the primary ballot while going through this process. The state assembly is also where delegates have a voice in other races. They will vote on congressional, state treasurer, attorney general and secretary of state. These candidates will campaign to those delegates elected after county assembly for their support at the state and congressional assemblies. Candidates are aware however, that delegates are not bound to any statement of support and may change their support and vote any way they choose. That can sometimes lead to a shocking development such as an underdog suddenly winning the caucus and assembly process. The ultimate goal of the entire process is to be the nominee of the political party to represent its ideals to the overall public in
4-H chapter visits capitol
the general election. Petition candidates Just because a candidate does not go through the caucus and assembly process does not mean they will not appear on the party’s primary ballot. Some candidates choose to gather petitions under state rules to be allowed a place on the primary ballots. There are candidates who take the political game a step further by participating in both caucus and petition gathering. Doing both is thought to help disqualify other potential contenders. Candidates who choose to only do petition are not generally successful in securing a party’s nomination if other candidates have already gone through caucus and assembly.
voter may only participate in one and that will be noted by the county clerk. There is confusion that this allows unaffiliateds to participate in caucus. That is not the case. To participate in precinct caucuses you must have been a registered member of either the Republican or Democratic party by Jan. 8. The caucuses are open to the public and anyone may attend. To vote in caucus you must be a registered member of the party. The second major change is for presidential years. The propositions established a presidential primary those years and cancels the presidential caucus. However, caucuses will likely still be held for other races and party business. Finally, the laws allows the state parties to cancel the primary by a vote of their state central committee. Neither party has chosen to do so in 2018. Depending on 2018 results and any perceived positive or negative influence of unaffiliated voters participating this may be an issue for the parties in 2020.
Propositions 106 and 107 In 2016 Colorado voters passed two propositions that changed caucuses, assemblies and primaries and are often misunderstood. Two major changes have developed from these propositions. The first is that unaffiliated voters may Join a caucus participate in a political party’s primary. To find and participate in your local Unaffiliated voters will be receiving pri- caucus, contact your county clerk or the mary ballots from both the Democratic and county committees of the Republican or Republican party in 2018. However, the Democratic party.
VISIT US ONLINE Courtesy photo
House District 62 Representative Donald Valdez welcomed the Southern Colorado chapter of 4-H to the legislature in Denver on Jan. 30. “As a lifelong farmer, I fully support all the work 4-H does with our youth in our communities,”Valdez said. “4-H provides opportunities for young farmers of Colorado to learn the important skills that allow them to become leaders and valued members of their rural communities. After meeting with these bright students, we need to continue to involve our youth in 4-H and agricultural life.”
www.montevistajournal.com www.conejoscountycitizen.com www.centerpostdispatch.com www.mineralcountyminer.com www.southforktines.com www.delnorteprospector.com
Page 8
Government & Environment Progress
Wednesday, February 7, 2018
Election results, candidates call for action
SAN LUIS VALLEY—With school board and some municipal elections now history, who will run and who will serve weigh heavy on the minds of persons all over the area. If the board of education elections are any indication, public interest in elections is waning. Some school districts had no new candidates, while Antonito had a race for one seat and a ballot question in which voters agreed to eliminate director districts in South Conejos and seat all board members at large, The Conejos County Clerk’s office has had a change, with Clerk Lawrence Gallegos resigning and replaced by Nathan Ruybal, who has declared his candidacy for the seat. Residents’ concerns about law and order in the county have yielded two candidates on the Republican ticket so far, with lifelong resident Garth Crowther, who has worked in San Luis Valley law enforcement for 39 years, opposing Marvin Thomas, a Manassa native, who logged equal time in Oklahoma law enforcement, but moved back to be near family. There is no word at press time regarding plans of Sheriff Howard Galvez Jr. regarding a re-election bid. Democrats have not issued any public releases.
RIGHTS
A total of 17 of the Colorado Senate’s 35 seats are up for election in 2018. State senators serve staggered, four-year terms and half of the Senate is up for election every two years and local Senator Larry Crowder is term-limited. Elections for the Colorado House of Representatives will take place in 2018. An open primary elec- tion is on June 26, with the general election on Nov. 6. The candidate filing deadline is the same as for other offices. All 65 House seats are up for election in 2018. Colorado state representatives serve, with all seats up for election every two years. Democrat Donald Valdez of La Jara is the incumbent. The filing deadline is March 20 for major party candidates. There is an April 2 deadline for minor party candidates and a July 12 deadline for unaffiliated candidates. All of Colorado’s executive officers will be up for election, with incumbent Governor John Hickenlooper term-limited. All of Colorado’s seven seats in the United States House of Representatives will be up for grabs. Elections for the office of Colorado
Continued from Page 4 Colorado rule is “to ensure that a party or an or pay the $300 consideration until the matter attorney does not overreach or exploit another has been addressed by the court. He is also asked to provide the addresses of party who is represented and who may not have a formal education or legal awareness to every person or property to whom a letter was understand the legal consequences at stake.” sent and an accounting of all letters sent, replies The offer made by Harrison falsely states received, money paid and releases signed. Attorneys for Harrison are asked to provide that there are no records to indicate whether rights-holders have made use of their rights and copies of all documents received by their client that the ranch owner has no way of knowing if from any rights-holders related to the letter and, consistent with Rule 4.2, refrain from sending a rights holder intends to use such rights. Boschee wrote that, “after three decades of any future correspondence to rights-holders litigation that is currently pending on appeal, without obtaining agreement from plaintiff’s counsel or court approval. just such a process exists.” In an historic opinion, the Colorado Supreme DeHerrera said each rights-holder would soon receive a form asking what rights they Court in 2003 upheld the rights of plaintiff plan to exercise. They have the right to gather property owners —whose heirs and predecesfirewood for household use, the right to take sors settled the land grant when it was still timber for construction/ maintenance of a part of Mexico— in and around San Luis to house/farm buildings and the right to graze a exercise traditional use rights to graze livestock reasonable number of livestock for domestic and collect wood and timber on the property. purposes and they will be asked to indicate This decision overturned previous court and court of appeal decisions that had denied the their plans on the form. They aren’t required to use their rights. A landowners these rights. District Judge Gaspar Perricone reopened the court-approved process exists protecting rights holders who choose not to exercise their rights gates of a 77,000-acre ranch to descendants of without prejudice to exercising those rights at the original San Luis Valley settlers, after decades of court battles. In a hearing lasting less a later date. Boschee points out that Harrison’s offer than an hour, he told a packed Costilla County “also misleadingly suggests that its purpose is courtroom in no uncertain terms that the heirs to preserve the resources of the ranch. There is to the Sangre de Cristo Mexican Land Grant no indication that such resources are in jeop- had won the case. The Supreme Court agreed with the lower ardy or that any rights-holder’s exercise of their rights would threaten the ranch’s resources.” courts that, because the grant was settled after The offer thus falsely implies that, if a rights- the Mexican-American War, the terms of the holder exercised the rights, they could imperil 1848 Treaty of Guadalupe Hidalgo did not the property’s resources to “the detriment of apply under Mexican law; however, the court recognized a document written by early grantor others.” If a property with an easement is sold, De- Carlos Beaubien, supported by an agreement Herrera said the rights are gone forever and the signed by Gov. Gilpin and other evidence, guaranteed a prescriptive easement to the new owner will have no easement. Romero-Otero said some 1,000 persons have landowners. Noting that Beaubien wrote the document keys and some have several parcels of land. An estimated 3,000 parcels have access rights and to honor his commitment to settlers he had persuaded to move hundreds of miles to make there’s a key for every parcel. Attorneys for the rights holders have de- homes in a wilderness, the court declared: “It manded that Harrison send a corrective letter would be the height of arrogance and nothing “vetted and approved by us,” explaining that but a legal fiction for us to claim that we can he made the offer without approval of plain- interpret this document without putting it in its tiffs’ counsel or the court; clarifying that rights historical context.” Those court decisions are currently being holders should contact the plaintiffs’ counsel to assist them if they have questions or are consid- appealed and DeHerrera said the legal team has ering the offer; and advising rights-holders that what he considers a strong case. Boschee was Harrison and his company will not record or working on appeals briefs even as the meeting otherwise seek to enforce the transfer document was held in San Luis.
State Senate will take place in 2018. An open primary election will be held on June 26, 2018, with the general election following on Nov. 6, 2018. The 2018 United States elections will be held on Tuesday, Nov. 6. All 435 seats in the United States House of Representatives and 33 of the 100 seats in the United States Senate will be contested. Thirtynine state and territorial governorships and numerous other state and local elections will also be contested. Precinct caucuses are meetings of registered electors within a precinct who are members of a particular major political party. The purpose of precinct caucuses is to elect precinct committee persons and delegates to county assemblies. Caucuses are held in locations across Colorado and are open to the public.
Colorado Democrats will hold next year’s state assembly on Saturday, April 14, at the 1stBank Center arena in Broomfield, party officials announced Saturday. Colorado Republicans have yet to announce next year’s assembly schedule, but the party is considering holding its state assembly on either April 7 or April 14, both Saturdays. In order to vote in any precinct caucus of a political party a voter must be a resident of the precinct for at least 30 days. Registered to vote no later than 29 days before the caucus. Affiliated with the party holding the caucus for at least two months before the caucus. Precinct caucuses are held on the first Tuesday in March. The county central committee or executive committee of the political party is responsible for determining the time and place of the caucus.
Write your own Classified Ad Regular Classified Ad Deadline-Thursday 5 p.m. 15 Words or less for 4 weeks - 4 publications $ 1950 + 95¢ each additional word. Garage Sale Ads: 15 words or less for 1 week $ 12 + 35¢ each additional word. Free ads: Lost & Found • Non Commercial items Sold for $50 or less • Any Item or Animal being given away. (Private party only) Call 719-852-3531 for details.
Name: _______________________________________ Address: _____________________________________ City: _______________ State: ____ Zip: ___________ 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Words: ____________ Times: _____________ Price: ______________ Class: _____________ Start Date: ____________ Check One
Card#: ________________________________________ Expiration Date: __________________________
Mail with check or money order to: Valley Publishing Classifieds, P.O. Box 607, Monte Vista, CO 81144 Or drop by at 835 First Avenue