Lost Creek Guide February 21, 2024

Volume 17 • Edition 4

February 21, 2024

Delivering to over 17,500 homes & businesses including all of Morgan County.

“Truth will ultimately prevail where there is pains taken to bring it to light” George Washington “If we are to guard against ignorance and remain free, it is the responsibility of every American to be informed” Thomas Jefferson

Colorado Pledges To Play Nice As Nebraska Plows Ahead On $628M Canal At The State Line

Though details remain sparse on the new South Platte River project, local water users say, for now, the cornhuskers are entitled to their fair share of the river

by Jerd Smith, The Colorado Sun

Town of Hudson & City of Fort Lupton Sign Intergovernmental Agreement for the Joint Planning of Land Use and Development of Future Growth Areas.

by Lost Creek Guide, Photos by Juan Arellano At a recent Town of Hudson City Council meeting the Mayor of Fort Lupton, Zo Hubbard and Hudson Mayor Joe Hammock signed a formal Intergovernmental Agreement regarding their urban growth boundary plans. This agreement lays out the groundwork work for how the communities will work together and coordinate their development plans.

Students Request Support from the Hudson City Council for the Hudson Elementary Carnival

The South Platte River is seen from overhead in Sedgwick County on March 16, 2022. (Olivia Sun, The Colorado Sun via Report for America)

Nebraska is moving quickly to build a major canal that will take water from the drought-strapped South Platte River on Colorado’s northeastern plains, and deliver it to new storage reservoirs in western Nebraska.

But after a tumultuous project announcement last year, with both states angrily declaring their thirst and concerns, the conflict has quieted, and talk of lawsuits, at least for now, has stopped. Water watchers liken this apparently calm work period with a similar period 100 years ago when early threats of legal battles gave way to an era of study and negotiation that preceded the signing by both states of the South Platte River Compact.

“In my mind, it’s ‘what is there to fight over,’” said Jim Yahn, a fourth-generation rancher, and former member of the Colorado Water Conservation Board who runs the North Sterling Irrigation Company. “Under the 1923 South Platte River Compact, it is Colorado’s obligation to deliver. So now we’re going to start suing and fighting over it? We agreed to do this. I don’t think it’s worth losing sleep over.”

With $628 million in cash from its state legislature, Nebraska has begun early design work and is holding public meetings outlining potential routes for the canal and reservoirs, according to Jesse Bradley, assistant director of the Nebraska Department of Natural Resources. At least one Colorado land purchase has been made.

Nebraska intends to complete design and start construction bidding in three years, and finish the project seven to nine years later, Bradley said.

“We’re just trying to make sure we can protect the water we have under the compact,” Bradley said. “We don’t want to be any more intrusive than we need to be … and we believe there are opportunities for some win-wins,” he said, including stabilizing levels in the popular Lake McConaughy and ensuring there will always be enough water in the river to protect one of the nation’s most successful endangered species programs, the Platte River Recovery Implementation Program.

Engineering studies indicate the project could deliver 78,000 to 115,000 acre-feet of water annually, and perhaps just 30% of that in drought years, Bradley said. But that is still big water. If the top estimates hold, that’s enough water to irrigate more than 115,000 acres of corn, or supply water to more than 230,000 urban homes for one year.

At the state line, a difficult river On the high prairie around Sterling and Julesberg, the solitude and silence mask a complicated water arena, with cities such as Parker and Castle Rock planning major projects themselves, and large- and small-scale cattle and corn producers watching every drop that flows.

Colorado Pledges To Play Nice As Nebraska Plows Ahead On $628M Canal At The State Line continued on page 4...

by Lost Creek Guide, Photos by Juan Arellano At the Hudson City Council meeting on the 7th of February there was a great example of citizen participation. The citizens happened to be grade school students at the Hudson Elementary School. Carter Martinez, Hynesse Gregory, Wyston Gregory and Eyston Gregory made a short presentation to Mayor Hommack and the Council requesting support for the Hudson Elementary Carnival which is on March 1st at the Hudson elementary gym. The young people were a bit nervous but all went well with parental support.. A good example of the importance of coming to town meetings.

Many citizens could learn and benefit by what these young people did.

WHAT’S IN THIS ISSUE

Page 2: Way of the World Page 2: Candidate letters Page 5: Wiggins School District 50 J Newsletter Page 6: Colorado Farm Show Pictures Page 8 & 9: Brush Area Chamber of Commerce Annual Celebration of Agriculture Page 11: U.S. Supreme Court Examines Impact of 14th Amendment Insurrection Clause Page 13: Colorado Supreme Court Examines Ski Resort’s Long History of Immunity Page 16: City of Fort Morgan’s own Bicycle Adventures Shop Story

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Lost Creek Guide

Way of the World

by Bob Grand There is so much information out there today it is almost impossible to keep up.

The bigger issue is to answer the question is it all true? Sadly, the answer is no. You can say what you want and there is little effort to cull out the wheat from the chaff. In America you have a right to speak your mind, the first amendment is a wonderful gift.

Not everyone uses it wisely.

As the Trump cases wind on, representing a total of 91 felony charges among the four cases, one has to ask where is our basic American theory of law that says you are perceived to be innocent until proven guilty? A large portion of the Trump supporters are asking where is the American justice system that we are all so proud of? It would appear that the prosecutors in these cases are all focused on getting a speedy trial and conviction to prevent Trump from being on the ballot, let alone run for the Presidency again. There was an article in the January 2, 2024, Washington Examiner by Byron York that quoted DOJ guidelines, “Federal prosecutors and agents may never select timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party.” So, who is watching what is happening and ensuring that the proper process is taking place, our administrative bureaucracy?

The sad fact is that many of our elected officials in both parties have abdicated their responsibilities to the administrative bureaucracy. We do not hold them or the bureaucrats accountable to represent us, the American people as opposed to the special interest groups. The growth of our national debt is absolutely irresponsible. There was a cartoon showing some of our older representatives with the implication that they do not care about the national debt as they will all be dead long before it comes due. Not so funny.

Make no mistake that there are many that benefit by the tremendous amount of federal spending, it just is not the American taxpayer who is responsible for paying it.

No one asks what the full cost of the open border policy of the Biden administration is. I am not talking about the direct impact of human trafficking, drug smuggling and crime but the soft costs of providing services. There are many, too many NGOs that benefit by using donations to build their organizations by providing services to people who should not be here to begin with. Ask the sanctuary cities who are beginning to feel the financial drain it is costing them, with no end in sight. When will the impact of big city liberal politics begin to hurt the city government employment picture? When will retirement funding begin to suffer with reduced tax revenue? These are questions that will have to be addressed down the road. It is going to be unpleasant. The reality of choices made will have consequences and there are too many people who do not seem to believe it will ever come to that.

No one seems to talk about the two brain surgeries that Joe Biden had back in 1988.

I am getting older, about the same age as Donald Trump. Older folks need to help our next generation of leaders develop and begin to take over. It is tough to let go, but the reality is it needs to happen. Get over it.

We need leadership. We need a plan. Trying to buy cooperation from the Iranians in power by reducing sanctions and giving a lot of money for hostage releases has not gone well for the United States. Having sanctions against the Putin government sounds good but how well is it working? It appears with the right connections the Putin government can still obtain items that we would all think would be sanctioned items by buying through third party distributors and countries. It does not make a lot of sense.

Anybody asking how well the ev car business is doing? The pain gets bigger and bigger. Touted by the far left as the panacea for the future, it is turning out to be a bottomless pit for federal money. The American people are voting by not buying ev vehicles. The marketplace is sending a message.

Where is the USPS going? In the ten-year USPS plan 2023 was supposed to be the breakeven year. Well, that did not happen. The internet has helped the USPS 1st class letter business drop steadily over the last ten years with postage up almost 20% from 2022 rates. And service, well if you live in a rural community, you know the story.

No one wants to talk about the impact of all the illegal immigrants and what right, if any, do they have under the birthright citizenship question. The DACA question is still open. What is the path to resolution? Kicking the can down the road is not an answer.

Yet where is the courage of our elected officials to begin to honestly address the issues?

People, all people, deserve better.

Elections are coming up. Neither major party really wants you to vote unless you are in the party faithful, as they define it. Surprise them. Vote for the candidate you think will do the best job. The Democrats have a process in place that limits your choices, the Republicans, on the other hand have more choices. Surprise them too. Pick a candidate who you believe will best represent the interests of you and your family. The independent voter group is the largest registered voter block. Exercise your right!

As always, your thoughts and comments are appreciated. publisher@lostcreekguide. com

The Lost Creek Guide, Llc

Bob Grand - Publisher 303-732-4080 publisher@lostcreekguide.com lcgnews.com Our deadline is 7 working days before publication

105 Woodward - PO Box 581 Keenesburg, CO 80643

Letters to the Editor are encouraged. Letters may be edited for length, libelous, or inappropriate content. All letter submissions should include name, address, & phone number for verification purposes. Letters are published at the editor or publisher’s discretion. Opinions expressed in letters to the editor do not necessarily reflect the opinion of the Lost Creek Guide or staff.

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February 21, 2024

Colorado Budget Committee Plans Aid For Schools Enrolling More Migrant Students

by Jason Gonzales, Chalkbeat Colorado lawmakers on the powerful Joint Budget Committee want to provide some financial assistance to schools grappling with educating an influx of migrant students this year.

The idea from state Rep. Emily Sirota, a Denver Democrat who sits on the committee, would allocate up to $24 million, to be split among school districts that have enrolled newly arrived students after the October cutoff date that determines districts’ per-pupil funding. But the funding would be far less than what the state provides to educate a student.

The budget committee, which plays a major role in how the state spends its money, voted unanimously earlier this month to draft a bill allocating the funds.

Sen. Rachel Zenzinger, an Arvada Democrat and vice chair of the committee, said she plans to co-sponsor the bill once it’s ready. The bill has not yet been introduced.

In a statement, a spokesperson for Gov. Jared Polis said he’s working with the legislature on a proposal to provide additional funding for school districts that have new arrivals after the October count date.

The state annually adjusts districts’ education funding up or down during the legislative session based on each district’s student enrollment on Oct. 1. But the surge in migrant students since the official count has overwhelmed many districts and prompted calls from school leaders for more aid to teach recent arrivals.

Sirota said while the state doesn’t have an exact tally, she’s heard estimates of up to 8,000 new student arrivals statewide since October. Some schools have needed to increase class sizes and have a greater need for services that help English learners, she said.

“This crisis is being felt across our cities, counties, and the state,” she said.

The state money would be a one-time infusion for districts. Joint Budget Committee members have said they want to ensure school districts wouldn’t need to apply for the money, but instead would have to provide the state with a tally of eligible students.

How much money districts would get likely will depend on whether the committee decides to allocate the full $24 million Sirota has proposed and how many newly arrived students have enrolled statewide since the October count.

The $24 million sum is not a calculation of how much it costs to fully educate the migrant students in Colorado. Rather, it is money the state would otherwise put in its savings account for education. Increasing local tax revenue means the state needs to spend $24 million less on schools this year than anticipated.

The proposed bill would reallocate those funds, but committee members have said they want to also find other funding sources.

The extra money would help districts, but it would be less than the $11,319 per student, on average, they get for students who are enrolled during the October count.

Sirota said funding is tight this year, especially when there are many competing budget priorities. But the extra funding would help districts bearing the brunt of the costs.

“I want to help our districts better absorb the costs that they are incurring with so many new students who are new to the country that they have taken on since October,” she said.

States across the country have seen a spike in recent migrant arrivals. The Denver area has dealt with the brunt of those arrivals.

In Denver Public Schools, migrant student enrollment has ballooned by more than 3,200 of these young people since the start of the school year. Many arrived after the October count that determined state per-student funding sent by the state.

The impact has also been uneven within the district. New students are concentrated in about two dozen of Denver’s schools.

But schools and cities across the metro area and state are reporting more students arriving every day, either from families moving to find work or recently coming to the state. The influx has caused financial shortfalls and pushback from some communities.

Jason Gonzales is a reporter covering higher education and the Colorado legislature.

Chalkbeat Colorado partners with Open Campus on higher education coverage.

Contact Jason at jgonzales@chalkbeat.org.

Roggen Telephone Cooperative Company LIFELINE SERVICE AND UNIVERSAL SERVICES Lifeline Service is a government assistance program and Low Income individuals may be eligible for the Lifeline telephone assistance program which provides discounts from the basic local service or broadband charges through specified governmental programs. The service is nontransferable, only eligible consumers may enroll in the program, and the program is limited to one discount per household. Toll Blocking is available at no charge for low income customers that qualify.

If you have any questions regarding this program or you want to apply for low income telephone assistance within the Roggen Telephone Cooperative Company exchange, application forms can be completed online at www.lifelinesupport.org or call 303-849-5260 and request that one be mailed to you.

Local Service Rates For Telephone Service Roggen Telephone Cooperative Company is a telecommunications provider who provides basic and enhanced services within its service territory. Basic services are offered at the following rates and charges: Monthly Service Charge

Single Party, voice grade residential service, Including local usage

$ 21.22

Federal Subscriber Lines Charge – Single line

$

Touch Tone service is provided as part of the local service rate

6.50

Customers have access to long distance, directory assistance, and operator service providers of their choice, at rates established by those carriers. Emergency 911 Services are provided and a surcharge is assessed at governmental rates.

If you have any questions regarding the Company’s services, please call us at 303-849-5260.

February 21, 2024

Lost Creek Guide

Dear Wiggins Community, District 1 Neighbors, and Fellow Patriots, I’m Rena Baessler, and I’m eager to stand before you as a conservative candidate vying for your vote to become your next county commissioner. As a proud fourth-generation resident of northeastern Colorado, my roots are firmly grounded in this sacred land. Picture this: my great-grandparents, driven by a pioneering spirit, walked all the way from an Indian reservation in Oklahoma to stake their claim in the Colorado territory, searching for a community to call their own.

For the past 30 years, my husband Darin and I have proudly raised four sons in the resilient embrace of Wiggins, a place we fondly call home.

Our family, deeply ingrained in the values of hard work and self-sufficiency, has owned and operated various businesses, from a robust sheep ranch, a steadfast trucking line, to a thriving farming operation. Beyond these enterprises, I’ve diligently worked outside our home at the Ft. Morgan Veterinary Clinic, where I’ve bridged the gap between cherished rural traditions and the advancements in animal husbandry that ensure our way of life endures.

In my unwavering commitment to public service, I’ve dedicated eight years to the Wiggins School Board. Through this service and my current position, I’ve recognized the critical importance of staying rooted in the heartbeat of our community, acutely aware of the challenges rural life presents today.

A true fiscal conservative, my understanding of money management comes not from books but from the practicalities of day-to-day life.

Recent years have seen the state of Colorado launching attacks on rural family values, prosperity, and our cherished way of life. As conservative citizens, our voices have been stifled. It’s time not only to make my voice heard but to amplify YOUR voice as well. Let’s infuse the political sphere with the common sense and collective purpose that has been the backbone of our way of life for generations.

I carry with me that same pioneer spirit my great-grandparents embodied. I am ready to confront challenges and fight for a just cause and a better way of life. Driven, committed, and resolute—I won’t back down. Together, with your support, we can ensure that conservative Colorado’s voice echoes loud and clear.

If elected, I solemnly pledge to give the position of County Commissioner my undivided attention, serving the citizens and employees of Morgan County with unmatched dedication. Morgan County deserves elected officials who are unwaveringly committed to the needs of the community, its citizens, and its workforce. I am that person.

Join me in this critical fight. Together, let’s not only safeguard our way of life but also foster economic vitality that benefits every citizen of Morgan County—rural and urban alike.

Rena Baessler Morgan County Commissioner District 1 Candidate

Letter to the Citizens of House District 63

by Dusty Johnson, House District 63 Candidate Education and our economy go hand in hand, which is why some refer to this as “educonomy.”

Just about every job today requires some sort of education; however, the way one receives an education is not (and should not be) limited to four-year degrees or in-classroom hours. It is time that we, as a society, view education as the process in which someone learns the skills and knowledge needed for their desired career path.

Notice that I did not define education by the set number of years that one must commit or by a definite set of steps to be successful.

It has long been the norm to encourage K-12 students to plan to attend college, with an emphasis on universities. Back when I was in high school, I distinctly remember being told that a four-year degree was not only strongly encouraged, but it was also needed if I wanted to be successful in life. This concept was again affirmed on my graduation day when only my friends who were college bound were mentioned. None of my friends who enlisted in the military or who were going right into the workforce were acknowledged in the announcements.

Why has the measure of success been solely placed on the degree one receives and not the skills they learn?

In today’s economy, it takes all kinds of jobs for a community to flourish and grow.

As I travel through the Northeast area, I am encouraged to hear that high school counselors, community colleges, and employers are starting to change this dialogue and mind-set. Education should not be measured in the years, but rather the skills acquired. Education should be tailored to fit the needs of the individual and the job that they wish to apply. For some, this will mean at least a four-year degree; however, for others this may mean: an associate degree or trade class at a community college, an apprenticeship at a company, learning on the job, or enlistment in our armed forces where training will be received based on the skills needed to fulfill their duties.

Someday: Reflections

by Daryl L. Meyers

“To be silent is better than to speak and say nothing.”

“There’s nothing too small for God to notice and nothing too big for God to handle.”

“It’s vision that holds us back, not resources.”

Jodi Walker Announces Run For Morgan County District 1 Commissioner

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A Commitment to Our County: Announcing My Candidacy for County Commissioner, District 1 Dear Morgan County Residents, I am excited to announce my candidacy for the position of County Commissioner, District 1. As a small business owner, non-profit director, and family farmer, my roots run deep in this community, and I am passionate about ensuring the best for our county’s future.

Growing up in Morgan County has given me a front-row seat to the remarkable growth, hard work, and collaborations that define our community. From my earliest memories of community involvement where I witnessed my father and other chamber members working with town leaders planning parades and celebrations in my backyard, to watching my grandfather cook eggs at sunrise service on Easter morning, I learned the value of community service and the strength that comes from people working together.

Over the past couple of decades, I have applied these lessons to make a positive impact within our county, particularly in the areas of youth development and food security. I developed Kids At Their Best to meet the needs of Morgan County youth.

My work has received national recognition for its quality and impact, and I have had the privilege of speaking nationally on leadership and the depth of our programs.

Now, I am ready to bring that same dedication and drive to the position of County Commissioner.

In my role as Commissioner, I aim to leverage the vast network I’ve cultivated through my non-profit work, collaborating with legislators, commissioners in other counties, and businesses both large and small. While I may not have all the answers, I am not afraid to seek advice from those who do.

I am proud to run as an unaffiliated candidate in this race. County Commissioner is a non-partisan position, much like school boards, and I firmly believe that what matters most is what is best for Morgan County and its residents. Partisan politics can divide communities, and I am committed to putting the needs of our county above political affiliations.

Outside of my work in Fort Morgan, I manage a small family farm alongside my husband, experiencing firsthand the challenges and opportunities that our agricultural community faces.

I look forward to engaging in conversations with you, learning about your concerns, and working collaboratively to build a prosperous and united future for Morgan County. Together, we can ensure that our county continues to thrive.

Thank you for your support.

Jodi Walker 970-380-7721 Jodi4morgan@gmail.com

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Colorado Pledges To Play Nice As Nebraska Plows Ahead On $628M Canal At The State Line continued from page 1...

February 21, 2024

are pretty smart. They know how to legally, and in good form, develop strategies to mitigate the impacts.

“The current perspective of Colorado,” he added, “is that we need to recognize that there is an interstate compact that has been approved by the United States and we place a high regard on the need to comply with that compact.”

The Colorado Sun is a reader-supported news organization that covers Colorado people, places and issues. To sign up for free newsletters, subscribe or learn more, visit ColoradoSun.com

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A map shows preliminary concepts for the Perkins County Canal. Source: South Platte River Forum, 2023

“There is a lot going on up there,” said Ron Redd, Parker Water and Sanitation District’s general manager. “I think that there is a fear that the way (Nebraska) has it laid out is going to be difficult. But the tone has changed because people understand it better. When we look at the numbers, we think it’s not the end of the world.”

Colorado has a history of working with Nebraska on other water issues, including the successful negotiation of the South Platte River Compact and the settlement of a lawsuit involving the Republican River and Kansas.

Still, Colorado water regulators say they will carefully monitor the project and plan to meet regularly with Nebraska’s team.

“There are issues,” said Kevin Rein, the former director of Colorado’s Division of Water Resources who retired in December. “The canal’s location and the route it would follow is important. But more substantively, we want to ensure that the placement of the headgate (diversion structure) and the canal don’t create a burden on Colorado and its water users.”

Water projects inside Colorado are subject to in-depth reviews in special water courts, but the Perkins Canal Project, as it is known, is governed by the federal compact, and won’t necessarily be subject to that process, officials said.

Colorado growers with junior water rights on the Lower South Platte, who are only allowed to divert during the winter, will likely be the most affected, according to Mike Brownell, a Logan County commissioner and dryland farmer. Under the compact, Nebraska too has a winter diversion right. The success of the deal will likely come down to how well both states and their diverters manage the water that is flowing, often in difficult icy conditions, officials said.

Local meetings in Sedgwick and Logan counties have been ongoing. Brownell said some people in those meetings estimate that vulnerable growers could lose half the water they are typically able to divert.

“If that would come to pass, it would be pretty catastrophic,” Brownell said. “We’re really not certain yet, but if we go from having thousands of irrigated acres, to having thousands of dryland acres, it’s going to severely impact the property tax base in Logan and Sedgwick counties.”

Also of concern is the health of the Platte River Recovery Implementation Program.

Funded and overseen by Colorado, Wyoming, and Nebraska, and the federal government, the nearly 17-year-old program helps keep more water in the central Platte River and has dramatically boosted at-risk bird populations, including piping plovers and whooping cranes, and expanded their habitat. It has also allowed dozens of water projects in Colorado, Wyoming and Nebraska to comply with the federal Endangered Species Act and continue operating.

But that hard-won agreement took 10 years to negotiate. Don Ament, a Sterlingarea rancher and former Colorado Commissioner of Agriculture who helped negotiate the deal, said he’s worried that political strife over the canal and any additional strain on the river’s supplies, could endanger the recovery program.

Still, with few details on canal location and actual water diversions available yet, it’s difficult to say what impact the Perkins Canal will have, according to Jason Farnsworth, executive director of the recovery program.

“We could see more water in the river, we could see less. We just don’t know yet,” he said.

Nebraska’s Bradley said he believes the recovery initiative will actually benefit from the canal, as his state seeks to gain control over its new winter water supply and deliver it to the main stem of the river, where it will benefit birds and fish.

“Though the recovery program is not the primary objective of the canal, we think we are aligned with its goals because we are trying to maintain the flows we have today without seeing them erode,” Bradley said.

The South Platte, like other Western rivers, is seeing flows shrink, thanks to climate change and growth farther west along Colorado’s Interstate 25 corridor.

Good water years, such as 2023 and 2013, still can dramatically boost flows on the Colorado/Nebraska state line. Water managers in Colorado believe careful management of the lower river and perhaps increased storage, could allow all the water users to coexist.

“There is a potential impact to (water) rights in the river, whether it’s for storage or for the recovery program. So what do we do about that? We administer according to the compact,” Rein said. “It sounds a little like we’re giving up, but the water users

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February 21, 2024

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Lost Creek Guide

WIGGINS SCHOOL DISTRICT 50J FEBRUARY NEWS

GOOD PEOPLE OF TIGER NATION: February 2024 Parent Teacher Conferences will be held on March 5th and 6th from 3:30pm7:30pm. Conferences at the secondary building will be student led, please talk with your student to schedule a time that will allow you to come in to look at their work portfolio!

The 2024-25 school calendar has been approved and is located on the school website. Major changes include a full week off for Thanksgiving due to many families taking this entire week off the last two years.

Wiggins Preschool will be accepting applications for the director position. After 30 years Mrs. Trautwein is retiring. We thank her for her leadership, and outstanding detail to excellence. In her years of service, she has made Wiggins Preschool second to none. The district is also researching what privatizing the preschool would look like for the Wiggins community. The impact would include, district budget, tuition payments, early childhood care dates and hours, Special Education services, employee salaries, etc…. This topic will be ongoing at board meetings in the near future until a final decision is made.

Due to high assessed value rates driven up by oil and gas, the bond redemption fund has an excess of $9.7 million. Wiggins BOE voted to pay off two years of principle early. Being prudent and paying off these two years will save the district over $1.4 million in interest. There will be $3.2 million remaining in the redemption fund after the payment is made. The bonding agent believes the district should keep this money in case our assessed valuation drops in the future. This will enable the district to keep the mill levy at a reasonable rate for the Wiggins constituents. It is the goal of the BOE to continue to pay off future principal every couple of years in order to save the district millions in interest payments and to be able to cancel the debt service earlier than scheduled.

Congratulations: FBLA had 27 students qualify for the state competition held in April.

Regional Spelling Bee Participants: Aidan Covelli, Cadence Conteras and Jordyn Leon

Monthly Expenditures for January

General Fund Capital Reserve Bond Redemption​

$970,298.13

$0.00

$0.00

Bond Project

$38,405.00

Elementary Project

$767,299.65

Lunch Fund

$22,093.00

Total Activity Account

$1,798,095.78

$30,740.94

February & March Calendar

Junior High Girls Basketball League Champions

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Lost Creek Guide

February 21, 2024

Colorado Farm Show 2024

Preserving the Past, Cultivating the Future At Island Grove Park, Greeley Pictures by the Lost Creek Guide, Photographer Pat Lentell

For More pictures go to: www.ourtowncolorado.com US 34/Greeley/ News/ Events It is free! No paywall!

February 21, 2024

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Lost Creek Guide

Gaines: A Colorado For All, As Long As You Agree With Democrats

by Cory Gaines, Complete Colorado Page 2 Is Colorado, as Governor Polis has said he wants, a Colorado for all, or is it just a Colorado for those that agree with Democrat policy? That’s not a rhetorical question, but rather one I recently sent to all the Democrats in the House of Representatives, and our esteemed governor, after reading about how they recently voted to limit debate on the House floor. Again.

You see, as they did last legislative session, and as they did during the special session on property taxes, the House Democrats voted on the Feb. 2 to allow special rules (normally reserved until the last 3 days of the session) to start as early as 10 days prior to the end of the session. It makes a few other rule changes that, in essence and like the earlier efforts, limit House Republicans’ ability to force the supermajority Democrats to the negotiating table. This also effectively puts more limits on your voice in this state if you disagree in any way with Democrat hegemony.

House Majority Leader Monica Duran, apparently absent on the days that irony was taught, mentioned in her speech the importance of “respectful and meaningful conversation” while championing the move to close down debate. But are conversations only respectful when some voices are heard and others get the pretense of mattering?

Is it meaningful if those who dissent only get the pretense of being heard? Is it a Colorado for all when large swaths of people are silenced to ease the reworking of this state in the name of what some along the Front Range would call progress?

And it isn’t just among legislators either. Democrats have, in the last two years especially, moved further and further to silence people in this state that disagree. This is despite, and in direct contradiction to, their pretty rhetoric about inclusion. It is rare indeed for any quantity of opposing citizen witnesses to convince enough Democrats on a committee to pump the brakes on their policy. Democrats in the legislature shut down the microphones of those who say things you do not like in committees, along with berating and impugning them openly. They show little to no respect for local control. They flatly ignore the voices of the citizenry when, by popular vote, citizens express their will in plain terms.

And one more. Did you like the way that the Democrats passed the enabling legislation for Proposition HH? I hope so. Because one other part of this new rule change is that it allows them to tighten up their schedule, limiting the type and amount of notice required to both their Republican colleagues and you the public. Starting 10 days out instead of 3, according to a CPR article, “Lawmakers will sometimes conduct hearings with little notice and while standing on the House floor, instead of moving to a committee room. Lawmakers no longer get paper copies of all the amendments they vote on. And final votes on bills are streamlined.”

I hope that regardless of where you fall on any given issue, you join me in saying that this is not okay and that this is neither fair nor good governance. I hope that you do more than just say it out loud in your head. Join me in saying this on the phone, in an email, and in public to the Democrat members of the Colorado House. If it’s helpful, here’s a spreadsheet with Colorado legislators’ contact emails.

Start speaking up now before the Colorado Democrats further proscribe your ability to do so.

Cory Gaines lives in Sterling on Colorado’s Eastern Plains and writes at the Colorado Accountability Project substack.

Veteran Claim Filing at Gene DOTY Senior Center March 16

Vets should bring paperwork to session from 10 a.m. to 1 p.m.

Veterans who need to file claims for veteran compensation can do so during a session hosted by Gene Doty Chapter 41 of the Disabled American Veterans on Saturday, March 16.

The session will run from 10 a.m. to 1 p.m. at the Gene Doty Senior Center, 307 Linda St. This will be for filing of new claims or to increase the percentage rating that veterans already have for compensation. Veterans must bring their DD214 and any other paperwork used previously for a previous compensation claim.

Contact person is Jack Darnell, 970-768-4986.

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8

Lost Creek Guide

Brush Area Chamber of Commerce Annual Celebration of Agriculture

by MaKyle Mares, Executive Director Brush Area Chamber of Commerce, by Lost Creek Guide Photographer, Pat Lentell On January 27th, 2024, the Mark Arndt Event Center was abuzz with energy and enthusiasm as the Brush! Area Chamber of Commerce hosted its much-anticipated Ag Appreciation Dinner. From 5:30 to 8:30 pm, attendees were treated to an unforgettable evening dedicated to honoring the vital contributions of our local agricultural community.

The event aimed to shine a spotlight on the hardworking individuals who form the backbone of our local economy. With a diverse program that included keynote speakers, industry insights, and recognition of outstanding achievements, the Ag Appreciation event promised an engaging and enriching experience for all who attended.

One of the highlights of the evening was the opportunity for attendees to connect with fellow community members, farmers, and business leaders. Amidst the warm ambiance of camaraderie, guests enjoyed a delightful dinner that showcased the rich bounty of the region’s agricultural produce. It was a moment to savor the flavors of our land and to appreciate the dedication and passion that go into cultivating it.

Throughout the evening, the spirit of gratitude and appreciation permeated the atmosphere as attendees came together to express their thanks to the hardworking individuals who drive our agricultural sector forward.

From farmers to ranchers, from agriculturalists to agribusiness professionals, each individual’s contribution was acknowledged and celebrated. Even the thoughtful words of our local FFA speaker, Alyssa Eskew, in addition to a $500 donation from the Brush! Area Chamber of Commerce to the Brush FFA Chapter.

A particularly touching moment came with the announcement of the Agriculturalist of the Year Award recipients, Sue and Gary Hodgson. Their decades-long commitment to the community and the agricultural industry earned them well-deserved recognition and applause from their peers. Their dedication serves as a shining example of the tireless efforts of those who work tirelessly to ensure the success and prosperity of our agricultural sector.

The event also featured a special panel discussion on Farm Diversification, hosted by Lorrie Boyer, which provided valuable insights into innovative practices and strategies for sustaining and growing agricultural operations in our region.

None of this would have been possible without the generous support of our sponsors and organizations. From Cargill, Brush Meat Processors, and Colorado Lamb Company to Bank of Colorado, Morgan Community College, 21st Century John Deere, and countless other businesses their contributions helped make the event a resounding success. Additionally, we extend our heartfelt thanks to our door prize sponsors for adding an extra element of excitement to the evening.

As we reflect on the Ag Appreciation event, we are reminded of the immense importance of agriculture in our community. It is not just an industry; it is a way of life, a source of livelihood, and a testament to the resilience and strength of our community. We extend our sincerest thanks to everyone who joined us in celebrating our agricultural heroes and look forward to continuing to support and champion this vital sector in the years to come.

Thank you to all who attended and made the Ag Appreciation event a night to remember!

February 21, 2024

February 21, 2024

Lost Creek Guide

Brush Area Chamber of Commerce Annual Celebration of Agriculture Pictures

by Lost Creek Guide Photographer, Pat Lentell

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Lost Creek Guide

Introducing Sean McGaughey with COUNTRY Financial.

Sean McGaughey is an insurance agent with COUNTRY Financial in Greeley Colorado. Sean lives with his wife and children in Milliken and has been an insurance agent with Country for over five years. Sean’s goal is to serve the local Colorado communities with insurance services with Country Financial. Country Financial serves over 1 million households and businesses in 19 states and offers a full range of financial products and services from: home, auto, business, and life insurance to retirement planning and investment management. Our connection to farmers and farming communities goes way back. Country Financial was founded by a group of farmers in IL over 90 years ago. Giving back to our communities is big priority for Country Financial too. We like to lend a helping hand when we can and support organizations that will help our community thrive. I’m motivated by faith, family, and the opportunity to serve community. My goal is to continue focusing our helping our core clients, homeowners, small businesses owners protect what they have, plan ahead and experience more to achieve financial security. If you would like to review your current insurance coverage and cost or would like a quote. Please contact me at (970) 221-4842 or go to my website at: Sean McGaughey - COUNTRY Financial Insurance Agent in Greeley, CO.

February 21, 2024

Premier Farm Credit to Return $6.75 Million to Member-Owners in Early 2024

January 16, 2024, Sterling, Colorado – Local ag-lending cooperative, Premier Farm Credit, will pay a record $6.75 million in cash patronage to its customerowners in early 2024. The financial services cooperative has returned more than $87 million through its Patronage Dividend Program. This year marks the 27th consecutive year a patronage has been paid.

As a customer-owned cooperative, Premier Farm Credit understands that extra capital can make a big difference in a customer’s operation. The checks are a significant benefit to the member-owners and also to local communities. It is also in line with the mission-driven approach of Premier Farm Credit, to work diligently to support agriculture and rural communities, today and tomorrow.

“At Premier Farm Credit, our goal is to provide exceptional customer service and competitive interest rates to our member-owners,” said Mike Grauberger, President and CEO. “Our patronage program sets us apart, the more we earn, the more we can return to our customers. The impact is substantial, not only for borrowers but also for the local communities we serve.”

“As a board, we work to maintain a financially-sound cooperative that provides strong customer value,” said Becky Lenz, Premier Farm Credit Board Chair. “When we determine the patronage distribution amount at the end of each year, we look at a number of different economic and financial factors; as well as capital needs to sustain the organization over the long term. $6.75 million is a significant payout that goes back into our borrower’s pockets.”

As part of the Farm Credit System (established in 1916), Premier Farm Credit is a mission-driven ag-lending cooperative owned entirely by its borrowers/memberowners. Premier Farm Credit serves northeast Colorado and the surrounding areas by providing loans, leases, insurance and appraisals for agriculture and ag-related businesses. They also provide rural home loans for residences in small towns and on small acreages. Premier Farm Credit has aggregate loan volume of over $1 billion and has offices in Sterling, Fort Morgan, Yuma and Holyoke. You can learn more about them at premieraca.com, or on Facebook, Twitter, LinkedIn or Instagram.

Contact: Lee Salyards, lee.salyards@premieraca.com

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February 21, 2024

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Lost Creek Guide

U.S. Supreme Court Aggressively Challenges Whether Insurrection Clause Can Be Used To Bar Donald Trump From Colorado’s Ballot

U.S. Supreme Court justices raised concerns about letting state courts make a decision that could have national consequences. Justice Amy Coney Barrett put it plainly: “It just doesn’t seem like a state call.”

by Jesse Paul, The Colorado Sun U.S. Supreme Court justices on Thursday aggressively challenged whether states can disqualify a presidential candidate from running for office under the so-called insurrection clause in the Constitution as they heard arguments in the Colorado case seeking to disqualify Donald Trump from running for reelection.

A lawyer from Trump’s reelection campaign said the question is decisively “no” because the clause, in Section 3 of the 14th Amendment, is ultimately evaluated by Congress — and only after a candidate has been elected.

“Even if the candidate is an admitted insurrectionist, Section 3 still allows the candidate to run for office and even win election to office and then see whether Congress lifts that disability after the election,” Jonathan Mitchell, a lawyer representing Trump, told the court. The “disability,” meaning the finding that Trump engaged in an insurrection, could be overturned by a two-thirds vote.

But Jason Murray, an attorney for a group of Republican and unaffiliated voters from Colorado seeking to persuade the U.S. Supreme Court to uphold the Colorado Supreme Court’s ruling disqualifying Trump from appearing on the state’s presidential primary ballot because of his role in the Jan. 6, 2021, riot at the U.S. Capitol, argued the exact opposite.

“States have the power to ensure that their citizens’ electoral votes are not wasted on a candidate who is constitutionally barred from holding office,” Murray said.

“States are allowed to safeguard their ballots.”

The outcome of the Colorado case could affect similar Trump ballot challenges across the country and derail his 2024 presidential bid.

A majority of the court appeared sympathetic to the Trump campaign’s argument, questioning how the application of the insurrection clause, which bars “officers of the United States” who took an “oath … to support the Constitution of the United States” and then “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof” from holding federal or state office again, would be applied differently from state to state.

Justice Amy Coney Barrett put it plainly: “It just doesn’t seem like a state call.”

Justice Samuel Alito pointed out that in the Colorado case, for instance, the Denver judge who first heard the case agreed to accept the Select U.S. House January 6th Committee’s report on the riot as evidence.

“Another state court could reach an opposite conclusion,” he said.

Alito grew frustrated with Murray at one point as he tried to get the lawyer to address his questions. Murray instead kept trying to redirect the justice to the question whether Trump engaged in insurrection.

“You’re really not answering my question,” Alito said. “Suppose we have two different records. Two different bodies of evidence. Two different rulings on questions of admissibility. Two different standards of proof. Two different sets of fact findings by two different judges, or maybe multiple judges in multiple states. Then what do we do?”

Murray said the record in the Colorado case was complete.

Even Justice Elena Kagan, considered one of the most liberal justices on the court, raised concerns about letting states make determinations about presidential candidates’ ability to run for office under the insurrection clause.

“I think the question that you have to confront is why a single state would decide who gets to be president of the United States,” she said, nodding to how a decision in the Colorado case would likely affect similar legal challenges to Trump’s candidacy across the nation. “It sounds awfully national to me. … One state’s decision to take a candidate off the ballot affects everybody else’s rights.”

Chief Justice John Roberts said he was concerned that if Trump were kept off the ballot in Colorado, there may be attempts in other states to try to disqualify other candidates — “and surely some of those will succeed.”

The oral arguments Thursday extended about an hour longer than their allotted time and mostly glossed over the question of whether Trump “engaged in insurrection.”

Professor Steve Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, posted on social media that the justices’ lack of questions on whether Trump engaged in insurrection was “not a good sign for a ruling *affirming* the Colorado Supreme Court.”

Justice Ketanji Brown Jackson, a President Biden appointee and the court’s newest justice, asked Mitchell about whether Trump engaged in an insurrection.

“It was not an insurrection,” Mitchell said. “The events were shameful, criminal, violent, all of those things, but did not qualify as insurrection as that term is used in Section 3.”

Justice Brett Kavanaugh, a Trump appointee, said defining insurrection is difficult, especially in the context of the 14th Amendment, which was passed in the wake of the Civil War. “What does that mean? How do you define

it?” he said. “Who decided? Who decides whether someone engaged in insurrection?”

The lawsuit seeking to block Trump from appearing on Colorado’s Republican presidential primary ballot was filed in Denver District Court in September by Citizens for Responsibility and Ethics in Washington, a liberal political nonprofit based in Washington, D.C., on behalf of the group of Colorado Republican and unaffiliated voters. The lead plaintiff is Norma Anderson, a Republican former state lawmaker.

The defendant was Colorado Secretary of State Jena Griswold, a Democrat and the state’s top elections official.

The nonprofit, which doesn’t reveal its donors, argued that Trump incited a riot at the U.S. Capitol on Jan. 6, 2021, and is therefore ineligible to appear on the GOP presidential primary ballot in March under Section 3 of the 14th Amendment.

After a week of arguments from Citizens for Responsibility and Ethics and the Trump campaign, Denver District Court Judge Sarah Wallace ruled Nov. 17, that while Trump did incite an insurrection on Jan. 6, he can still appear on Colorado’s 2024 Republican presidential primary ballot because he is not an “officer of the United States.”

“Part of the court’s decision is its reluctance to embrace an interpretation which would disqualify a presidential candidate without a clear, unmistakable indication that such is the intent of Section 3,” Wallace wrote.

Citizens for Responsibility and Ethics in Washington appealed the ruling to the Colorado Supreme Court, arguing that a president is an “officer of the United States.”

Trump’s 2024 campaign also appealed, seeking to invalidate Wallace’s finding that Trump engaged in an insurrection and arguing that state courts don’t have the power to rule on 14th Amendment challenges.

The Colorado Supreme Court heard oral arguments in the case Dec. 6 and issued a 4-3 ruling about two weeks later that reversed Wallace’s opinion by finding that Trump is an officer of the United States. The court also agreed that Trump engaged in an insurrection and rejected the notion that Wallace didn’t have authority to even hear the case.

“The record amply established that the events of Jan. 6 constituted a concerted and public use of force or threat of force by a group of people to hinder or prevent the U.S. government from taking the actions necessary to accomplish the peaceful transfer of power in this country,” Justices Monica Márquez, William Hood, Richard Gabriel and Melissa Hart wrote in the Colorado Supreme Court’s 132-page majority opinion.

“Under any viable definition, this constituted an insurrection.”

The majority also found that state courts do have jurisdiction in the case.

“Were we to adopt President Trump’s view, Colorado could not exclude from the ballot even candidates who plainly do not satisfy the age, residency and citizenship requirements of the Presidential Qualifications Clause,” the majority wrote in its opinion. “It would mean that the state would be powerless to exclude a 28-year-old, a nonresident of the United States, or even a foreign national from the presidential primary ballot in Colorado.”

The U.S. Supreme Court on Thursday focused less on the “office of the United States” question and more on whether states can exclude a presidential candidate from the ballot under the 14th Amendment, though both liberal and conservative justices on the court at times questioned whether the presidency falls under the provision.

The Trump campaign’s legal team conceded in its U.S. Supreme Court arguments that states can block presidential candidates from appearing on their ballots for not meeting the age, residency or citizenship requirements for the job. Mitchell, Trump’s attorney, said those were much different questions than the insurrection clause question because it’s up to Congress to decide whether the insurrection clause applies to a given candidate.

“A state cannot exclude any candidate for federal office from the ballot on account of Section 3 and any state that does so is … altering the Constitution’s qualifications U.S. Supreme Court Aggressively Challenges Whether Insurrection Clause Can Be Used To Bar Donald Trump From Colorado’s Ballot Continued page on 12...

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Lost Creek Guide

U.S. Supreme Court Aggressively Challenges Whether Insurrection Clause Can Be Used To Bar Donald Trump From Colorado’s Ballot continued page from 11...

for federal office,” Mitchell argued.

Colorado Solicitor General Shannon Stevenson briefly spoke before the U.S. Supreme Court on Thursday on Griswold’s behalf. She argued that Colorado could — and would — bar an admitted insurrectionist from appearing on the state’s presidential primary ballot. She called it an “open and shut case.”

“My positions are based on the assumption that under the 14th Amendment the states have the power to enforce Section 3 just like they do other presidential qualifications,” she said.

The Colorado Supreme Court stayed its ruling until the U.S. Supreme Court weighed in on the case. That allowed Trump’s name to still appear on the Republican presidential primary ballot in Colorado since the ballot had to be certified by Jan. 5.

(The Trump campaign didn’t appeal the Colorado Supreme Court’s ruling to the U.S. Supreme Court until just before the ballot-certification deadline.)

Military and overseas voters from Colorado have already been sent their ballots.

County clerks will begin mailing presidential primary ballots to all other Colorado voters on Monday.

It’s unknown when the U.S. Supreme Court will issue its ruling in the case, Anderson v. Griswold.

“I hope that the Supreme Court quickly tells the American people whether an insurrectionist can serve as president,” Griswold told reporters after the oral arguments Thursday.

Trump in a news conference after the arguments, said “I hope it was well-received.”

It’s possible that if the U.S. Supreme Court rules against Trump before Colorado’s March 5 presidential primary that any votes cast for the former president could be invalidated. That being said, the Colorado GOP has vowed to ignore those results and appoint delegates to the Republican National Committee convention through a caucus and assembly process, which could set up a legal battle with state elections officials.

Trump is separately appealing to state court a ruling by Maine’s Democratic secretary of state, Shenna Bellows, that he was ineligible to appear on that state’s ballot over his role in the Capitol attack. Both the Colorado Supreme Court and the Maine secretary of state’s rulings are on hold until the appeals play out.

The issues may be novel, but Trump is no stranger to the justices, three of whom Trump appointed when he was president. They have considered many Trump-related cases in recent years, declining to embrace his claims of fraud in the 2020 election and refusing to shield tax records from Congress and prosecutors in New York.

In addition to the immunity issue, the court also will hear an appeal in April from one of the more than 1,200 people charged in the Capitol riot. The case could upend a charge prosecutors have brought against more than 300 people, including Trump.

The court last played so central a role in presidential politics in its 5-4 decision that effectively ended the disputed 2000 election in favor of George W. Bush.

Justice Clarence Thomas is the only member of the court who also took part in Bush v. Gore. Thomas has ignored calls by some Democratic lawmakers to step aside from the case because his wife, Ginni, supported Trump’s effort to overturn the 2020 election results and attended the rally that preceded the storming of the Capitol by Trump supporters.

The Colorado Sun is a reader-supported news organization that covers Colorado people, places and issues. To sign up for free newsletters, subscribe or learn more, visit ColoradoSun.com

February 21, 2024

Edward Jones Financial Advisor Wes Cable Receives Certified Kingdom Advisor®, or CKA®, Designation

Wes Cable, a financial advisor with Edward Jones in Brush, CO, has achieved the Certified Kingdom Advisor®, or CKA®, designation.

The CKA® training program provides instruction according to the Kingdom Advisors’ philosophy on how to weave a biblical perspective into financial discussions for individuals interested in doing so.

Focus topics include: • Financial stewardship • Tax-sensitive investment strategies • Generosity through charitable giving • Retirement planning • Estate considerations In addition to the education and examination components of certification, financial advisors must also commit to the Kingdom Advisors’ Code of Ethics.

Edward Jones is a leading financial services firm in the U.S. and through its affiliate in Canada. The firm’s more than 19,000 financial advisors serve more than 8 million clients with a total of $1.9 trillion in client assets under care at the end of December 2023. Edward Jones’ purpose is to partner for positive impact to improve the lives of its clients and colleagues, and together, better our communities and society. Through the dedication of the firm’s approximately 52,000 associates and our branch presence in 68% of U.S. counties, the firm is committed to helping more people achieve financially what is most important to them. The Edward Jones website is at edwardjones.com, and its recruiting website is careers.edwardjones.com. Member SIPC.

Join us for Morgan County REA’s 87th Annual Meeting

By Morgan County Rural Electric Association Since 1937, Morgan County REA has been committed to powering rural communities in northeastern Colorado. While times have changed a lot since then, MCREA has always been there to light the way. Today, the electric cooperative continues its mission of serving members by delivering safe, reliable energy with a strong tradition and vision for the future.

MCREA’s annual meeting, held each March, is a key part of that mission. In addition to informing members of the state of their co-op, the annual meeting also allows them to actively participate in the decisions being made. After all, MCREA is owned and operated by the members it serves.

All Morgan County REA members are cordially invited to attend this year’s annual meeting, which will be conducted by telephone on Tuesday, March 19, 2024 at 6 p.m.

Telephone Town Hall, a Colorado-based telecommunications service provider, will again facilitate the meeting. Over the past four years, this format has proven highly efficient in carrying out all business functions of the co-op’s annual meeting.

Since MCREA started holding annual meetings by phone call, there has been increased participation among members, who no longer need to be in attendance physically to voice questions and concerns. This format has also eliminated any weather cancellation concerns, as March has seen heavy storms in this area on more than one occasion.

Of course, it would not be an MCREA annual meeting without prizes. By listening in to this year’s meeting, attendees will be entered to win a brand-new electric smoker.

One lucky listener will win a $250 cash prize. Finally, as is done every year, a name will be drawn from the entire membership—which is made up of nearly 5,000 members. If the member drawn is on the call, he or she will receive a $1,000 cash prize.

That is not all. Just by registering for this year’s annual meeting, members will be entered to win gift cards to local businesses. Registration is easy and can be done by clicking the banner at www.mcrea.org. Submit your name, service address, and preferred telephone number. You will receive a call at this number on Tuesday, March 19 just before 6 p.m., allowing you to join the annual meeting.

If you have any questions regarding Morgan County REA’s 87th annual meeting or need help registering to attend, please call the MCREA office at (970) 867-5688 or email memberservices@mcrea.org.

February 21, 2024

13

Lost Creek Guide

Ski Resorts’ Long History Of Immunity Threatened By Colorado Supreme Court Case

The case involving a teen who was paralyzed after a fall from a chairlift challenges the use of liability waivers, which the resort industry says protects recreational opportunities for children in the state

by Jason Blevins, The Colorado Sun Annie Miller’s family wants the ski industry to share responsibility for injuries she suffered when she fell from a Crested Butte Mountain Resort chairlift. Whether that happens depends on the seven justices of the Colorado Supreme Court, who, in the coming months, will issue a ruling on how much protection liability waivers can provide ski areas.

The high court’s decision could have sweeping impacts on Colorado’s signature industry and the long-standing Ski Safety Act that has protected ski resorts for several decades. If the Colorado Supreme Court rules that parents cannot sign liability waivers for their kids, recreation providers like camps, rafting companies and ski resorts argue insurance costs will climb and they will be unable to provide opportunities for children.

Miller’s lawyers on Tuesday asked the Colorado Supreme Court to reverse a lower court’s decision that pointed to liability waivers signed by Miller’s dad when he bought lift tickets in its dismissal of the family’s negligence claims against Crested Butte ski area and its owner Vail Resorts. It’s the first time the state’s highest court has considered the now-ubiquitous use of liability waivers by ski resorts.

“Crested Butte and the ski industry as a whole is attempting to get complete contractual immunity to overcome any duty to the highest care and any duty based upon a regulatory statute,” argued Bruce Braley, the attorney representing the Miller family. “So if you can waive any negligence claim, including any claim based on the highest duty of care, any claim based on statutory duty, and if you don’t have a right to recover for gross negligence under Colorado law, even though the parental waiver statute specifically carves out an exception for gross negligence and recklessness claims, what’s left?”

Annie Miller was 16 when she fell from the Paradise Express chairlift, at Crested Butte Mountain Resort in March 2022. The 30-foot fall left her paralyzed. The family of the Oklahoma teen sued the ski area and its owner Vail Resorts in December 2022, arguing the lift operators were negligent because they did not stop the chairlift when Miller was unable to load the chair properly.

The family also argues the liability waiver Miller’s father signed to get Annie’s lift ticket should not relieve resort operators of their duty to “the highest standard of care” while operating chairlifts, as required by state law.

A Broomfield County District Court last year dismissed the family’s negligence claims, pointing to that liability waiver signed by Annie’s father. The family appealed that decision to the Colorado Supreme Court, hoping to get the easier-to-prove simple and ordinary negligence claims back in their lawsuit.

Changes to lift operator safety rules The American National Standards Institute in 2011 amended the safety rules for lift operators — which were adopted by the Colorado Tramway Safety Board — that allowed lift attendants to choose “an appropriate action” when responding to unusual conditions, which “may include” stopping the lift. That was a shift from earlier standards requiring attendants to stop the lift when dealing with something out of the ordinary.

“Now just because they watered down the mandatory language does not mean they repealed the requirement that if you see an endangered passenger, you should stop the chairlift,” said Braley, a lawyer with the Denver firm Leventhal Puga Braley.

Justice Maria E. Berkenkotter asked Braley: “Isn’t that a significant amendment? I mean it changed from a ‘shall’ or a ‘must’ to a ‘may.’”

What about waivers?

The Miller family also urged the justices to closely examine a 2003 law approved by the Colorado legislature that allowed parents to sign liability waivers for their kids participating in recreational activities. Providers of recreation “need a measure of protection against lawsuits” and without that protection “these entities may be unwilling or unable to provide these activities,” reads the 2003 Senate Bill 253. The legislation rejected a Colorado Supreme Court decision in 2002 involving a ski racer who was injured in a crash and sued a local Aspen ski club. The high court in that case ruled that a parent may not sign away a minor’s ability to sue for negligence. Lawmakers in 2003 crafted the parental liability legislation to say the court’s decision in 2002 “does not reflect the intent of the general assembly or the public policy of this state.”

Braley emphasized that the lawmakers in 2003 did not include dismissals of previous Colorado Supreme Court decisions — including a lawsuit by a 19-year-old Florida skier critically injured after a 30-foot fall from the Paradise chairlift at Crested Butte Mountain Resort in 1992 — that ruled resort operators “must exercise the highest degree of care” when running chairlifts.

Justice Melissa Hart asked Braley to break down his fundamental argument, asking, “Can Crested Butte absolve itself of the statutory duty through private contract?”

“That is the fundamental legal issue,” said Braley, urging the justices to reinstate the easier-to-prove claims of lower negligence and expressing concern that the ski area operator will seek to dismiss the gross negligence claim in the Broomfield District Court.

“It doesn’t make sense to say that area operators … are going to ignore their obligations” Michael Hoffman, the attorney representing the Crested Butte ski area and Vail Resorts, asked the justices to see the Miller claim as not a violation of a statutory rule in the Colorado Ski Safety Act but a violation of a rule by the Colorado Passenger Tramway Safety Board.

“When you’re talking about rules of the tramway board, you will never have a circumstance where a ski area operator can absolve themselves of a duty,” Hoffman said. “If we do something wrong, the tramway board can suspend our license. Can shut us down on an emergency basis. Can revoke our license. If we violate one of their orders, we can be sent to jail for 364 days. These are serious, serious consequences, especially for corporate executives that don’t want to go to jail.”

So Hoffman said the 2003 state law that allows parents to dismiss their child’s right to sue for injury is not waiving a statutory duty. And children — just like anyone — can sue for gross negligence. That’s “one of the ironies” of the Miller argument, Hoffman said, that waivers allow resort operators to ignore laws protecting skiers.

“It doesn’t make sense to say that area operators, all area operators, are going to ignore their obligations, people will be hurt and we’ll be immune. We won’t be immune,”

Hoffman said. “If there’s an intentional decision or a reckless decision made not to comply with the Ski Safety Act, not to comply with a tramway board regulation, we’re opening ourselves up to gross negligence.”

The National Ski Areas Association, Colorado Ski Country, the Colorado River Outfitters Association and the Colorado Camps Network have joined the case in support of the Crested Butte ski area, arguing liability releases “are essential to providing children with the ability to participate” in organized recreation.

“Without the protection of releases, many smaller and low-cost providers will not be able to provide their services to children,” reads a brief filed in the case by the recreational groups. “For many larger providers, without the protection of releases, they will have to increase prices.”

“Something about that is wrong” Justice Carlos A. Samour Jr. asked Hoffman, “So what’s the point of these statutes?”

“I mean, I feel like your position renders all these statutory provisions meaningless,” Samour said.

Samour said he was concerned with the idea that all chairlift riders at ski resorts must sign a waiver.

“And yet we have a situation where the legislature is saying: ‘Hey, ski industry, these are standards that we expect. That we are requiring you to keep,’” Samour said. “And the ski industry then turns around and says, ‘Well, that’s nice of you. Thank you. But we’ll just make people waive and be done with it.’ Something about that is wrong.”

Hoffman said the ski area and Vail Resorts will not return to the Broomfield District Court and argue that the Miller family cannot sue for gross negligence because they signed the waiver. Some justices pressed Braley to explain why a lawsuit claiming gross negligence was not enough for the Miller family. Why reinstate the claims of simple negligence?

Justice Monica Márquez said the “allegations of the complaint actually set out a pretty solid claim for gross negligence if, in fact, these allegations prove to be true. If no one was there, if no one was paying attention and the lift kept operating, that seems like gross negligence to me.”

But the gross negligence argument requires the Millers to argue for “a higher burden of proof,” Braley said.

And Braley was dubious that the ski area operator would not argue that the waiver signed by Annie Miller’s father, Mike Miller, dismisses all negligence claims.

“Look at their waiver language. Their waiver language is complete and absolute. A complete assumption of risk for anything that happens on our property, a waiver of liability for all claims,” Braley said. “If they truly believed that there were claims for gross negligence and recklessness, their release language … should tell prospective riders on a public tramway ‘This waiver does not release claims against us for gross negligence, recklessness or intentional acts.’”

The Colorado Sun is a reader-supported news organization that covers Colorado people, places and issues. To sign up for free newsletters, subscribe or learn more, visit ColoradoSun.com

Here’s to the last 85 years and the brilliant future we’ll create together. We’ve evolved, but our dedication to powering progress and making connections that contribute to a stronger tomorrow remains unwavering.

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Lost Creek Guide

Ronald William Linnebur

- Obituaries -

Ronald William Linnebur, 83, of Keenesburg, CO, passed away Wednesday, February 7, 2024 at his home. He was born May 31, 1940 in Kansas to Frederick William and Martha Anne (Schauf) Linnebur. He was the oldest of nine children.

Ronald attended Sacred Heart Catholic School for 1st through 8th grade and graduated from Mullen High School in Denver, CO. He worked at Roggen Farmer’s Elevator Co-op and served as the Mayor of

Keenesburg for two terms.

On June 17, 1972, Ronald married Verma Blackson in Denver. They were members of Sacred Heart Catholic Church in Roggen and Holy Family Catholic Church in Keenesburg.

Ronald enjoyed fly fishing with his brother and eating at Carl’s Jr. He was a firecracker, jokester and always made people laugh. He was known for giving nicknames to everyone. Ronald also spent time at the post office, greeting people as they came in. He also enjoyed driving to Brighton to Wal-Mart for his day old cookies.

Ronald is survived by his wife, Verma; children, Jackie Linnebur, Stephanie Linnebur, Denise Kilker and Francis Linnebur; sisters, Nancy Powell, Judy Shinbur, Pam Linnebur Martinez and Janice Moore; brothers, Fred Linnebur and Bill Linnebur; six grandchildren, Krystina Kilker, Katelynn Kilker, Savannah Linnebur, Josie Linnebur and Dixie Linnebur and twin great-granddaughters, Karter and Karson Kilker.

He was preceded in death by his parents, brothers, Charles Eugene Linnebur and Jerome Linnebur, his son, Keith Linnebur and grandson, Keith Kilker.

Please visit www.stoddardsunset.com to leave condolences for Ronald’s family.

Vacancy On City Planning Commission Remains Unfilled

Board involved in review of development plans, land use issues A vacancy for an unexpired term on the Fort Morgan Planning Commission remains unfilled and the city is seeking applicants who reside in the city limits to apply.

The remaining term of the former member, who left the commission after being elected to the Fort Morgan City Council, extends to April 1, 2026.

The seven-member Planning Commission is involved in a variety of issues related to community growth and development, including property annexations, subdivisions, special use reviews, and building code and land use variances. Members are appointed to six-year terms by the City Council, and must be residents of the city.

The Planning Commission meets up to two times per month as necessary, on the second and fourth Monday at 4:30 p.m.

Any city resident interested in applying for this vacancy can find an application on the city website at http://www.cityoffortmorgan.com/DocumentCenter/Home/View/112.

For more information about serving on city boards and commissions, contact Deputy City Clerk Jill Westhoff-Curtis at (970) 542-3962 or jill.curtis@cityoffortmorgan.com.

Collaborative Puzzle Project Kicks Off At Library/Museum

Pick up blank puzzle piece and decorate it in a way that represents you Fort Morgan Library and Museum patrons are invited to participate in the creation of a large wall puzzle as a community art project.

Starting now (Jan. 29), stop by the library desk to claim your blank puzzle piece. Use your imagination to decorate your piece in a way that represents you.

Pieces may be picked up today (Jan. 30) and must be returned to the library by May 4. The puzzle will be assembled in the museum’s lower gallery throughout our Mazes & Puzzles interactive exhibit that’s on display now.

The puzzle will be displayed in the J.V. Ostermiller Founder’s Room in the lower gallery.

For more information, contact Nicole Sorrentino at (970) 542-4501 or Nicole. sorrentino@cityoffortmorgan.com.

LIKE US ON FACEBOOK! www.facebook.com/cityoffortmorgan

February 21, 2024

Adolfo Lopez

Adolfo Lopez was born February 15, 1943 to parents Adolfo Lopez Parras and Julia Morga Medina in Villa Matamoros, Mexico.

Adolfo had three children in his first marriage: Gerardo, Armando, and Sergio Lopez. He later married Victoria Alvarez in Cheyenne, Wyoming, and they remained together for a cherished 45 years until the moment of his passing.

In his childhood Adolfo resided in Chihuahua, Mexico, attending school in Santa Rosalia. As an adult he travelled between Mexico and Colorado working as a farmhand and construction worker. Eventually, Adolfo decided to settle in Colorado, living in Idaho Springs and then throughout North and Northeast Colorado after his Marriage to Victoria.

Adolfo’s work allowed him to be involved in some very large projects, including the construction of the Eisenhower Tunnel and the Pawnee Power Plant. He took pride in working hard and never wanting to slow down, took a career at Cargill as a certified forklift operator. He would continue in this career until 2013.

Adolfo was a man strong in faith and was a devoted Catholic. He regularly attended Mass at St. Helena in Fort Morgan, always sitting in the front row. He continued attending church until his illness would no longer allow for it.

Before he became sick, Adolfo loved to ride his Can-Am motorcycle. He loved to be outside, meticulously maintaining a gorgeous front lawn and ensuring that his flower beds were always full of beautiful roses. He began riding horses at a young age, and despite a serious injury to his left arm as a child, riding and working cattle remained two of his greatest passions in life. His favorite genres of music were Musica Norteños and Mexican Tamborazo, which could often be heard in the inviting home he kept with Victoria.

Adolfo is survived by his wife, Victoria Lopez, his sons Armando and Juan Lopez, his brothers, Isidro, Isabel, Guadelupe, and Andres Lopez, and multiple cousins, nieces and nephews. He leaves behind 17 grandchildren and 16 great-grandchildren.

Adolfo is preceded in death by his parents, Adolfo Lopez Porras and Julia Morga Medina, his sons, Gerardo and Sergio Lopez, his brothers, Martin, Felix, Jesus Manuel and Ramon Estela Lopez and his sister Ramona Estela Lopez.

Written condolences and contributions may be addressed to: The Lopez Family in the care of Rowanoak Mortuary, 231. S. Sherman Street, Fort Morgan CO, 80701.

February 21, 2024

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Lost Creek Guide

SERVICE DIRECTORY Open Mon. - Fri. 8am - 5pm

Computer Support Repair, Service & Sales

Reliable, Local, Professional Roggen Telephone Company

303-849-5260

Larry French Accounting Larry French, Public Accountant 111 E. Railroad Avenue, Fort Morgan CO 80701 Phone: 970-867-9040 Fax: 970-867-9008 larry@larryfrenchaccounting.com

Family Medical are for All Ages

Keene Clinic 190 So. Main St., Keenesburg

303-732-4268

Loaves & Fishes Food Pantry Assistance for Roggen, Keenesburg, Prospect Valley, & Hudson Call to Request Assistance

303-732-4319

McCarthy Trucking

Recycled asphalt, concrete Great for driveways & parking areas.

Also sand & gravel.

Reasonable Prices Call Kevin for free quote 303-901-5034

Help Wanted

Henrylyn Irrigation District - Full-time Ditch Rider Duties include, but are not limited to: • Accurately measures the amount of water delivered and adjusts headgates/ diversion structures accordingly.

• Takes daily water calls and notifies water users of changes in type of water being delivered, as well as monitors account balances.

• Brings ditch online in early spring, monitors and maintains ditch and access roads.

• Repair headgates, measurement devices and culverts as needed.

• Safely and efficiently operate all equipment within the company (training available).

• Maintain accurate and current records of all water delivered.

Skills and Knowledge: • Good work ethic and the ability to work well with others is required.

• Strong communication skills are required.

• Preferred experience - operating heavy equipment (Excavators, Bulldozers, Road Graders, Front End Loaders, Skid Loaders, etc.).

Required Minimum Qualifications: • A current and valid driver’s license.

• Must be a U.S. citizen or possess a permanent work visa.

• Reside in close proximity to the Henrylyn Irrigation District, or be willing to reliably commute, prior to starting work.

• The selected applicant will be subject to a background investigation and preemployment drug test.

Excellent benefit package including: Matching IRA; Dental insurance; Health insurance; Life insurance; Paid vacation; Vision insurance; and Holidays.

For further details, go to our website at Henrylyn.com, or at our office at 29490 County Road 14, Keenesburg CO 80643. We can be reached at 303-536-4702.

For Local Colorado Information Visit: www.ourtowncolorado.com

Blue Lightning Meeting Notice

NOTICE OF THE ANNUAL MEETING OF THE WIGGINS TELEPHONE ASSOCIATION, DBA BLUE LIGHTNING, is hereby given. The meeting will be a Virtual Telephone Town Hall Meeting, and will be held at 9 a.m. on Saturday, March 23, 2024. The Annual Meeting will include the election of TWO Directors and other business as may properly come before the meeting.

TRADE-IN PROGRAM GET A TRADE-IN CREDIT FOR QUALIFYING HARDWARE, PLUS 1-YEAR ACCESS TO FIELDNET ADVISOR™.

HURRY! THE OFFER ENDS SOON. CONTACT YOUR LOCAL LINDSAY DEALER TODAY!

LINDSAY.COM

There is also “pickle/pull tabs” available everyday!

Please come join us for some fun and socializing!

© 2024 Lindsay. All Rights Reserved.

FieldNET is a registered trademark of the Lindsay Corporation.

115 Central Avenue Wiggins, CO 80654

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Lost Creek Guide

February 21, 2024

Bicycle Adventures

By Richard Lapp Fort Morgan and Northeast Colorado lack’s anything at all resembling a bicycle community, bicycle sales, bicycle rides, trails of any kind and a location to get your bicycle repaired. Richard Lapp, seeing this along with his passion for fun fitness and low impact exercise with a great need for adventure, started Bicycle Adventure on Main street in Fort Morgan.

Earlier civilizations also exercised their need for adventure when Christopher Columbus set out to discover America. The pilgrims sailed from England to land and settle in America, the same settlers looked to the horizon wondering what was out there, by foot, horse, wagon and train they set out on their journey west to the unknown.

Men here on earth looked to the skies and saw the moon, said let’s do it and headed out to see what was there. Christmas time and under the tree a new shiny red bicycle, mom and dad say yes “go out, ride and explore! Just don’t leave the block”. Wow! You are free, around the block, up and down the alley, stop to climb the big tree on the corner. Your first chance at independence.

Okay i am older, maybe i forgot how to ride? Riding a bicycle is something that is never forgotten.

Bicycle Adventure was formed to get you back in the saddle! This year’s bicycle industry motto is “Every butt on a bicycle”. Bicycles have come a long way since the first in Germany in 1817, called the “Swift Walker” it had no pedals! The frame was a wooden beam, two wooden wheels and iron rims covered with leather. “An adult strider”. Bicycle Adventure doesn’t have anything that old but you can come take a look at the amazing selection of vintage bicycles dating back to 1950.

Bicycle repair is one of our specialities, from small entry level tricycles and bicycles to the high end competitive carbon bike. Your bike is your pride and joy and to us also! Tire repairs to stop flats from those nasty goatheads to chains, cassettes or full fledged tune ups.

Bicycle adventure, your headquarters for new E bikes. Selling TREK, Electra, Rambo and Aventon.

We also fix them all, finding parts and repairs for your Amazon purchased E bike.

At Bicycle Adventure we realize your need to explore, be spontaneous and fill that empty place in your life called adventure. When you are ready to step out into the unknown, Bicycle Adventure will be there to service your bicycle and provide all you need for the journey.

Local rides, TREK Travel rides all over the world and the United States, first overnight adventure to camp out at the lake. Bicycle Adventure, your bicycle shop in Fort Morgan, Colorado where the owner of the shop fixes your bike and becomes your friend.

FORT MORGAN www.CityOfFortMorgan.com

PLAY PLAY PLAY

SHOP SHOP SHOP

There is a reason Fort Morgan is considered the Christmas Capital of the Plains. We celebrate the winter holidays with a live reindeer roundup, a chili festival, visits with Santa, an evening parade, alpine tubing, a live nativity experience, an art show, free movie matinees, and even a trackless train ride in our Glenn Miller Park. Join us November 13-December 24. Discover more at Christmas Capital of the Plains on Facebook.