Remembering the sacrifices of First Americans

Supporters are seeking $10 million for a memorial to honor Indian war veterans

Window Rock, Ariz. – Native Americans have taken part in every war the United States has fought, and Stephen Bowers and Vietnam veteran Jefferson Begay think it’s time they got some national recognition.

“The Vietnam memorial on the National Mall has a white guy, a black guy and a Hispanic guy,” Bowers said. “But where’s the Native?”

INDIAN WAR MEMORIAL PLANNED

An aerial view of the National Mall area in Washington, D.C., shows the location of a planned $80 million center called the Education Center at the Wall. Funding is being sought to include an exhibit at the center to honor First American war veterans.

Bowers, a member of Florida’s Seminole tribe, said when he mentioned the omission to former Seminole Chairman Mitchell Cypress, the chairman told him to “go for it.”

So Bowers has been pushing for a Native memorial on the mall, in Washington, D.C., ever since. He has found some powerful allies over time, but the obstacles to realizing his dream are still daunting.

Resolutions supporting Bowers’ idea have been passed by the U. S. Congress and the National Indian Gaming Association. But the major hurdle will be funding the $10 million project.

Since 2010, Bowers and his wife, Elizabeth, have spearheaded efforts to see a national memorial erected to honor Native Americans.

The original idea was to place the American Indian Veterans Memorial near the Vietnam Memorial, explained Begay, a Navajo from Phoenix. But Congress had passed a law to block any additional memorials on the National Mall, he said.

Bowers said his group met several times with Jan Scruggs, who founded the Vietnam Veterans Memorial Fund in 1979. The VVMF is planning an $80 million education center, to be located across the street from the Vietnam Wall “in the shadow of the Lincoln Memorial,” Bowers said.

“We have been invited to have an exhibit at the center that would honor the ‘First American Veterans’,” Bowers said.

His group has established a working relationship with the Scruggs group for the native memorial to be part of the education center, Bowers added.

Bowers and Begay are behind the “Honoring First Americans Veterans Campaign” to raise funds for the education center.

They have three key objectives.

First is to raise at least $10 million to build the Education Center at The Wall, pledged at the earliest possible opportunity and paid by the end of the campaign on Dec. 30, 2018.

SIGNING COMMEMORATION

Commemorating the signing of an agreement between American Indian Veterans Memorial, Inc., and members of the Vietnam Veterans Memorial Fund group are, from left, Elizabeth Bates, vice presidnet of AIVMI; Traver Kennedy, board member, AIVMI; Jan Scruggs, president of VVMF, Stephen Bowers, president of AIVMI; and Brian Patterson, president of United South and Eastern Tribes, a group of federally recognized tribes whose mission is to enhance the development of such Indian tribes.

Next is to collect 67 missing photographs of First Americans Veterans who fell in the Vietnam War. During the Vietnam conflict, 227 American Indian/Alaskan Native and Pacific Islanders made the ultimate sacrifice for this country. They hailed from 30 states and territories, and served in all branches of the Armed Forces.

Their third objective is to collect photographs and remembrances of American Indian/Alaskan Native and Pacific Islanders who served in America’s wars from the Revolutionary War through today’s conflicts.

For more information on how individuals or tribes can participate in the Honoring First American Veterans Campaign, contact Stephen Bowers, Seminole Tribe of Florida, 6311 Stirling Rd., Hollywood, Fla. 33024, 954-966-6300 ext. 11480, sbowers@semtribe. com. To donate, visit http://aivmi.org/.

Published in December 2014

Navajo president’s race in limbo

The date for a special election to determine the next president of the Navajo Nation was still undecided as of press time. At issue is a recent decision by Richie Nez, senior hearing officer of the Navajo Nation Office of Hearings and Appeals (OHA), to dismiss a complaint against Russell Begaye, the candidate who nabbed third place in the August presidential primary and was placed on the ballot after the second-place finisher, Chris Deschene, was disqualified.

Myron McLaughlin brought the complaint against Begaye, challenging the candidate’s loyalty to the Navajo Nation because Begaye had filed a federal court action against five suspended or removed directors of the Navajo Nation Oil and Gas Company (NNOGC). If McLaughlin’s challenge had been upheld, Begaye would have been disqualified from running for president. Begaye is the council delegate representing Shiprock, N.M.

In a statement, Nez explained that the corporate governance of the NNOGC is a proper matter of federal law because the oil and gas company is a federally chartered private corporation “and that federal corporation law applies to NNOGC….”

McLaughlin had 10 days to file an appeal of the OHA decision.

The presidential campaign, under way after the primary election determined the top two contenders to be Joe Shirley and Deschene, was riddled with speculation and uncertainty triggered by questions about Deschene’s Navajo language fluency. Finally the issue was decided in the OHA and upheld in the Navajo Supreme Court disqualifying Deschene because he did not meet the fluency requirement. (See Free Press November 2014).

The decision triggered debate on the need for fluency in the Native language as a requirement to run for president, which initiated legislative and administrative actions that could have changed the requirement in the final hours before the Nov. 4 general election.

The late date of the final decisions left no time to reprint the ballots, and there was confusion at the polls.

Deschene’s disqualification opened the door for Begaye to challenge Shirley in the race. Soon after Begaye announced his intent to run, his candidacy was challenged in the OHA by McLaughlin, who claimed Begaye had violated the qualification requiring unswerving loyalty to the nation’s sovereignty.

Regardless of the OHA decision upholding Begaye’s candidacy, Wauneka is still waiting on McLaughlin’s decision whether or not to appeal the OHA’s Nov. 26 decision before setting a date for the special election.

Registration to vote in the special election is still open to Diné citizens and will remain so until a date for the special election is determined.

Published in December 2014 Tagged

A new book recounts stories of the Nuclear West and its people

DOWNWIND BY SARAH ALISABETH FOX

“A People’s History of the Nuclear West” by Sarah Alisabeth Fox, Seattle, Wash. Book-jacket cover art by Ed Singer of Gray Mountain,Ariz., and Cortez, Colo. University of Nebraska Press, bisonbooks.com, 2014.

Following its victory in World War II, the United States government seized the moment to beef up an arsenal of newly invented nuclear weapons. The new atomic industry was built of resources extracted and tested in the Four Corners region.

In her recently published book, “Downwind: A People’s History of the Nuclear West,” Sarah Alisabeth Fox weaves the oral stories told by farm and rangeland families living in rural, southern Utah with those of neighboring indigenous miners in the uranium industry. Together with layers of government documents, archival publications, court records and corporate salary pay stubs, her book maps a ravaged land and unearths the first-hand stories of the victimized people living in rural sacrifice zones and of ecological decay in the infancy of the nuclear age.

The book documents the Cold War era, “an ongoing abstract conflict, the promise of America…McCarthyism. It’s a window to the ’50s,” explained Fox in a conversation with the Free Press. “I hope to rekindle the nuclear conversation and renew the questions around how we can resolve this moment in history when an entire generation was scarred from Cold War fear, betrayal and contamination.”

Shortly after Fox moved to Utah in pursuit of a graduate degree in history, she reread Terry Tempest William’s book, “Refuge,” and realized she had arrived in “downwinder” country, a term for people who lived downwind from nuclear production and testing. She was encouraged at a book-signing when she met Williams, who encouraged her to find her way to the families in southern Utah and eventually to the neighboring Native lands where uranium mining and milling provided work.

She didn’t intend to chronicle the Cold War and the Nuclear West together in one book. That marriage of time and geographically related topics happened after the Utah housewives and the Navajo families began to trust her. They shared stories of miscarriages, illnesses in children, rashes the dust left on their skins, malformed lambs born to their sheep, miscarriages and “the men whose lungs gave out before they grew old enough to be grandfathers,” she writes, and, their scientifically refutable yet site-specific observations of the sky.

Patterns began to emerge as she listened to the personal narratives, “dynamic compositions of memory and culture, a vital reality rarely explored fully in historical literature.” Components of the stories from the communities in Utah downwind of the Nevada test sites matched the stories of the miners’ families on the Navajo Nation and Laguna Pueblo, where uranium- mining brought somewhat-steady jobs to really rural reservation families while also visiting a “yellow monster” on the people and their cultures.

The experiences recounted to her had been told before and dismissed in history books as accounts of “hysterical woman” or exaggerations by country folks, stories that conflicted with government and scientific dogma.

But Fox validates the people’s experiences, using the tools of a folklorist instead of basis-in-fact scientific inquiry. She defends the personal narratives in her book, explaining how you can’t go back and prove details described as someone stands in their yard and sees a giant red mushroom cloud appear over the western horizon, or relates how noticeably odd the atmosphere felt and how plants in the home garden developed white dust on the edges of their leaves soon after, and then withered and died.

Fox described the research dilemma which led to the structure of her book, the first tome, according to Fox, to contextualize the history of uranium-mining and nuclear testing side by side — the cross-cultural exposure to dangerous nuclear contamination. The experiences of ordinary people, the “obscured Americans, those who live in poverty, in rural areas, people of color, [as well as] more visible and ordinary Americans such as white middle class families living in large cities… all of them noting their experiences are overlooked in history books,” she explained.

Even today, documents filled with statistics record “facts” provided by the government, courts and academics, but omit the oral history. “These sources are still privileged over the memories of ordinary people, broadly seen as less reliable and authoritative.”

ATOMIC PAMPHLET ILLUSTRATION

“Procedures for Flash,” an illustration from the Atomic Tests in Nevada pamphlet published by the Atomic Energy Commission (March 1957) and distributed in the downwind region. Courtesy of the Preston Jay Truman collection.

This troubling aspect opened the door that led Fox into conversations around tables in Utah and with Navajo families, where both groups used oral storytelling to recapture the history of the atomic race and the effects it had on their health, the food shed and their future family security.

During her research with these people, she explained, she was unnerved by the almost formulaic similarity between the storytellers of each distinct culture – Navajo hamlets and southern Utah Church of the Latter Day Saints (LDS) communities.

“Within each one, the stories used culturally distinct plot trajectories, phrasings and tended to project the same emotions at the same points in the story,” she said.

As she began to research the “official” history of U.S. nuclear-weapons development she discovered that the government, scientific and court records of the era were riddled with agendas, inaccuracies, omissions and rhetorical flourishes – strategic fictions that contributed to the propaganda needed to support the weapons industry.

“The truth lay somewhere in the middle,” writes Fox. “Clearly a profound contamination had occurred across the American West.”

Folklore stories do more than entertain; they communicate important messages about social norms, personal history and identity and nail down nuances and details of the land, the ingredients of trust and accuracy. Fox rationalized that the folklore category created a unique component of place, a validation for these stories in the larger framework. The oral stories are a record, she said. Including them is a way to make sense of the past.

ATOMIC PAMPHLET ILLUSTRATION

A cowboy watches a mushroom cloud in this illustration from the Atomic Tests in Nevada pamphlet published by the Atomic Energy Commission (March 1957) and distributed in the downwind region. The illustration is included in the book “Downwinder.” From the collection of Preston Jay Truman.

She incorporated as many points of view as possible and embedded them in the greater nuclear context in order to trace historical, physical and ecological patterns. One of the salient examples in the book is government public relations pamphlet material. Fox reproduces archival illustrations like the one titled, “Procedures for Flash,” published by the AEC, 1957. The particularly cheerful depiction shows a rural ranch couple dressed in Western wear, watching a nuclear test through huge sunglasses and smiling as they witness the mushroom cloud explode over the land in front of them. Or another where a bow-legged cowboy holding a Geiger counter looks aghast at the clicking machine that registers well above the safety levels on the meter. The image was intended to allay fears of the growing accounts of “hot” spots, informing citizens that it was merely “naturally occurring background” radiation.

Equally prominent in Fox’s book is the inclusion of women’s hand-written recordkeeping, a method many housewives use even today to track grocery lists, to-do errands, and child-care issues on the backs of used envelopes. In a particularly poignant chapter titled, “Writing Down Names,” Fox sanctions the lists of friends and family the Utah women believe are victims of the Cold War nuclear-testing program. A list kept by one woman has 45 names on it.

Soon that list multiplies three times when it is compared to other lists kept by other women in nearby communities. The lists grow as they are shared between women at public forums on the nuclear-testing topic and at church meetings, coffee klatches, class reunions. When an obituary of an unknown person appears in a local paper the women compare and contrast dates of birth and death, reasons for death, hometown and residencies to any likelihood of radiation exposure.

“Locally Grown,” another chapter in which women play a substantial role, illuminates the contamination found in the food shed. After the 1957 congressional hearing on radiation safety, the AEC’s admission that strontium-90 had entered the food chain motivated inquiries into the safety of the food supply. An article in Consumer Reports in 1959 describes rudimentary information gathered from 50 cities across the U.S. and Canada and concludes that, “there is incontrovertible evidence that the strontium-90 content of milk has been increasing since 1954.”

Although the public controversy on the contamination led to an agreement between the U.S. and Russia to enact a temporary moratorium on nuclear testing, the news of the milk contamination spurred mothers across the country into antinuclear organizing efforts. Horrified that a staple they fed their children might contain radioactive poison, they protested the resumption of nuclear testing in 1961, when “an estimated 50,000 women in more than sixty cities walked out of their kitchens in a one-day strike…[organized] through female networks such as the Parent Teachers Associations, the League of Women Voters, the Women’s International League of Peace and Freedom…even Christmas card lists,” writes journalist Ruth Rosen. “After a decade of containment and the Cold War, with citizen dissent silenced… Women Strike for Peace, the W.S.P. stunned the nation.”

In the final chapter, “Critical Mass,” Fox takes the reader through the creation of citizen advocacy organization, research documentation and legal proceedings that at length result in the 1990 passage of the Radiation Exposure Compensation Act (RECA), proposed in 1981 to provide “compassionate compensation” for cancers and deaths related to radiation exposure. It was the result of many groups emerging in the ’70s and ’80s from informal citizen networks. Some included Citizens Call, Downwinders, the Nevada Test Site Workers Victims Association, and the Uranium Radiation Victims Committee formed by a group of Navajo uranium-mine workers, Phil Harrison, Timothy Benally, Harry Tome, and others, in Shiprock, N.M.

Fox describes the tireless advocacy of these groups, how they persisted for decades, giving rise to or morphing into other groups such as Citizen Alert Nevada, the Healthy Alliance Environment of Utah, Downwinders United and Downwinders.org, the Shundahai Network, The Office of Navajo Uranium Workers, and the Southwest Research and Information Center. Fox layers their collective strength among the oral storytelling and alongside the court battles and decisions denying compensations. To this day they continue to fight for funding, publication of epidemiological studies and to keep the cause of the downwinders and uranium-affected communities in the public consciousness and help those who fall ill to obtain basic medical care.

Although RECA was a major victory, Fox highlights the many shortfalls in its current form. Absurd decisions underline greedy corporate and government tactics used to mitigate remediation and compensation, like how skin cancer was taken off the list of compensable diseases because there were “too many test site workers.”

The paperwork itself operates as a discriminatory tool – many otherwise qualified uranium miners and their families may be unable to prove they worked at a mine due to credit arrangements with local trading posts, such as Gouldings, in Monument Valley, Ariz. Fox points out the equally absurd notion that radiation respected such arbitrary boundaries as county and state lines as the RECA qualification guidelines suggested.

Radiation sickness, poison dust and rain, and fallout cannot be contained.

The book clearly draws relationships between the scientific community and national media and their collusion with the Atomic Energy Commission message during the Cold War — that a large nuclear arsenal would protect national security, it was the people’s patriotic duty to build bomb shelters in their homes to protect them from the Russians, and the tests in Nevada were controlled experiments. Together they “underscored the nationalistic propaganda,” exploiting and contaminating the people living in geographical sacrifice zones located in southern Utah and the Navajo reservation (Dinetah) and the Laguna Pueblo land.

The U.S. has mined more that 225 million tons of uranium since 1945. It was used to build and test atomic bombs that assured national security, or possibly applied to domestic construction processes such as building dams or highways, according to Fox. It was not just a few detonated bombs, but 100 atmospheric tests between 1945 and 1962, when the atmospheric test ban put a halt to surface explosions. Since then the U.S. has test-detonated 900 underground nuclear weapons.

Fox told the Free Press that she wrote “Downwind” in this multi-layered format in order to place the stories in a verifiable perspective, “to document the shift in people’s consciousness that had clearly taken place.”

“They felt betrayed after learning that government had actively concealed the risks of radiation from nuclear weapons development and uranium extraction.

“It should be the burden of the industry to prove that these consequences are not related, not the burden of the victim to prove that they are.”

Each carefully detailed geographical, political and human facet of the nuclear-testing and extraction program presents the grim future. “…cancers and illnesses will continue to manifest in the bodies of ordinary people erasing the supposed boundaries between soldier and civilian,” says Fox, “making us all survivors and potential victims of a war we thought had ended.”

The stories in Fox’s book are border crossers. They layer over nations and politics, linking the betrayal of ordinary people to the blatant marketing campaigns designed to persuade citizens of the need for nuclear development.

“I tried really hard to preserve these stories as respectfully as they were shared with me,” to carefully preserve the conversations about nuclear energy, she said. “Over time the stories begin to fade into the background. Nuclear activism wanes and rises in the public interest. My grandest ambition is to know that people are talking about this today, that they haven’t forgotten.”

Published in December 2014

Poaching-ring head is sentenced to prison

Grand Junction-area outfitter maimed animals to ensure successful hunts

On Feb. 1, 2008, Nicholaus Rodgers, a seasonal hunting guide from Oregon, and Caitlin Loncarich, also a seasonal guide, treed a mountain lion in rugged territory on the Utah-Colorado border.

POACHING RING SENTENCED

From left, Nicholaus Rodgers, Christopher Loncarich, Andie Loncarich, an unidentified hunter, and Caitlin Loncarich with a mountain lion killed in Utah without a license, then illegally checked in Colorado. Christopher Loncarich of Mack, Colo., was the head of a poaching ring that caught and wounded animals so clients could shoot them more easily. Courtesy of Colorado Parks and Wildlife

Instead of killing it or letting it go, as required by state law, they clamped a leghold trap on its paw.

The next day, Rodgers shot the lion in the paw. Then he, Loncarich, and another guide named Marvin Ellis took a client from Colorado on a mountain-lion hunt in Utah despite the fact that the client did not have a Utah mountain-lion license.

Not surprisingly, the “hunt” proved successful, since the wounded animal that still had a cumbersome trap on its paw was hardly an elusive prey.

Afterward, as the triumphant client and the conspirators headed home with the trophy parts of the dead lion, Ellis drove in front of them in a separate truck in order to scout for wildlife officers. Caitlin and her father, Christopher Loncarich, who was reportedly the brains behind the entire operation, lied to officers with the Colorado Division of Wildlife and the Utah Division of Wildlife Resources, saying none of their clients had killed a mountain lion that day.

Christopher Loncarich later warned the client not to report killing the puma that day because he didn’t want the wildlife officers to know he’d lied to them.

That incident was one of numerous such “hunts” that Christopher Loncarich staged for high-paying clients, in what is being called one of the worst cases of poaching in the Utah-Colorado region in recent years.

In a grand jury indictment in U.S. District Court issued in last January, Loncarich and Rodgers were charged with 17 counts related to the illegal trapping, maiming, and hunting of mountain lions and bobcats.

Ron Velarde, northwest regional manager for Colorado Parks and Wildlife (formerly the Division of Wildlife), said this was one of the cruelest and most perverse examples of poaching he’s seen in his career.

“What they did to the animals so a person could hunt them – I’ve been around 44 years and I don’t ever remember seeing that occur before,” he told the Free Press.

“This was not hunting — it was a crime,” said CPW Area Wildlife Manager JT Romatzke in a press release. “It was cruel to the animal and contrary to what an ethical, legal hunt should be.”

On Nov. 20, the 56-year-old Loncarich, of Mack, Colo., was sentenced in U.S. District Court in Denver to 27 months in prison followed by three years’ probation after he pleaded guilty to one count of conspiracy to violate the Lacey Act. This federal law bans the interstate transportation of any wildlife taken illegally in any state. Under the plea agreement, all other charges were dismissed.

Rodgers, 31, who also has pleaded guilty to the same single charge, is scheduled to be sentenced in January 2015.

Loncarich may be banned for life from hunting and fishing in Colorado and 43 Interstate Wildlife Violator Compact states, according to a press release from Colorado Parks and Wildlife.

The indictment came after a three-year investigation involving CPW, the Utah Division of Wildlife Resources, and the U.S. Fish and Wildlife Service. Investigators found that some 18 clients who contracted with Loncarich had been involved in the illegal killing of more than 30 mountain lions and bobcats since 2004, according to the press release.

The case was prosecuted by the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division.

Loncarich, a licensed outfitter who operated out of his residence in Mack (just east of the Utah border near Interstate 70), employed his two adult daughters, Caitlin and Andie Loncarich, as well as Rodgers and Ellis. According to the indictment, between January 2007 and March 2010 they conspired to offer easy and lucrative expeditions in the Book Cliff Mountains. Loncarich received up to $7,500 for each mountain-lion hunt, according to a press release from CPW, and $700 to $1,500 for each bobcat hunt, sharing the proceeds with his assistants.

They would typically use hunting dogs to tree or corner a mountain lion or bobcat, then put a leghold trap on the animal’s paw or shoot it in the leg to make it easy to kill, according to the indictment. The use of leghold traps is banned in Colorado by a constitutional amendment, while Utah law bans the use of drugs, ropes, traps or snares to capture mountain lions.

It is legal in Utah to use leghold traps to catch “furbearers” such as bobcats. However, when caught, such animals are to be either released or killed immediately.

Loncarich and his assistants violated hunting laws right and left, according to the indictment.

They often contracted with clients who did not have valid licenses for hunts in Utah and Colorado, according to the document. Following a kill, they usually sent a truck out ahead of the vehicle that was carrying the client so the “scout” could radio back if he or she spotted wildlife officers and the conspirators could dispose of the trophy parts.

The suspects reportedly lied to wildlife officers about where they caught certain animals, took the animals across state lines illegally, and even, upon at least one occasion, caught a lion, illegally radio-collared it, and tracked it down a year later and caught it again.

According to the CPW press release, they then immobilized that animal overnight with a leg-hold trap. The next day, they put it in a cage and took it to Loncarich’s residence, where it was imprisoned for a week until a client from Missouri arrived. Then the hapless cougar was shoved into a box, taken by snowmobile to a predetermined area, and turned loose for the client to kill for a price of $4,000.

The Book Cliffs run east and west nearly 200 miles from Colorado’s De Beque Canyon into the Grand Valley and on toward Green River, Utah. Rugged stretches of mostly federal public land, they are popular sites for trophy hunting.

“Chris Loncarich of Loncarich Guides and Outfitter has developed quite a hunting niche for himself,” stated a January 2002 article in The Hunting Report, an online newsletter.

“Loncarich runs mountain lion hunts along the Utah and Colorado borders, where he offers clients the realistic opportunity of killing two lions on the same trip – one in each state. . . .

“Loncarich likes to hunt the Book Cliffs, a 150-mile mountain range that spans both Utah and Colorado, so it’s entirely possible to jump a lion in one state and have the chase extend into the other. For those who only want to hunt one cat, Loncarich will hunt areas where there’s no danger of the lion crossing into the other state.”

The article also boasted, “Last year, Loncarich produced lions for most of his hunters. The only client who left without a lion hide missed a treed cat at 40 yards with a scoped rifle – that’s the life of an outfitter! As for trophy size, Loncarich says that although his clients didn’t take cats that would score in the record book last season, some of them were huge. Two stretched the tape to nine feet. A cat like that will make a spectacular mount.”

Velarde told the Free Press he doesn’t believe poaching is prevalent in the area, but it does occur.

“Just last week officers found three elk, one of which had its head cut off, in northwest Colorado near the Utah state line,” he said. “It is our trophy animals – trophy bucks and bulls, Rocky Mountain and desert bighorn – where those things have been occurring and continue to occur.”

Velarde said he believes there is less poaching now than in the past. “I would say in general sportsmen are getting better. I would say the general public is a lot better following the rules and regulations than in the past, but what is still out there is the trophy-type poaching.

“I’m not indicting the majority of hunters. Most obey the law.”

Special Agent in Charge Steve Oberholtzer, who oversees Fish and Wildlife Service law-enforcement operations in the Mountain-Prairie Region, told the Free Press he could not comment in detail on the case because Rodgers had yet to be sentenced.

However, Oberholtzer said whenever there is fairly significant commercial value to a wildlife trophy, whether elephant ivory or rhino horn or mountain-lion pelts and giant elk racks, poaching tends to increase.

“You’re going to see a common amount of poaching or unlawful exploitation of that wildlife unless there’s a large amount of resources dedicated to enforcement and prosecution,” Oberholtzer said.

Velarde said information about poaching comes to agencies primarily through tips from confidential informants or from local wildlife officers on the ground. Depending on the severity of the offenses involved, the case may go to law enforcement in Denver for further investigation.

Anyone with information about illegal hunting in Colorado should contact Operation Game Thief, the Colorado State Patrol, or regional or area wildlife officers, Velarde said.

Operation Game Thief is a program that pays rewards of $100 to $1,000 to callers who report poaching. Reports may be kept confidential if the caller wishes. Citizens may call toll-free within Colorado at 1-877-COLO- OGT, Verizon cell phone users can dial #OGT, or citizens can make reports via email at game.thief@state.co.us.

In Utah, callers can report poaching at 1-800-662-3337. Most wireless phone users can dial *DEER. Reports may also be made at the Division of Wildlife Resources web site.

For her role in the scheme, Caitlin Loncarich pleaded guilty to two misdemeanor Lacey Act violations on Sept. 30. She received one year of probation and a $1,000 fine as well as 60 hours of community service, 30 of those to be spent with the CPW Hunter Education program. Andie Loncarich also pleaded guilty and was sentenced on a misdemeanor Lacey Act violation, receiving one year of probation, a $500 fine and 36 hours of community service, half of which must be spent with the CPW Hunter Education program.

Ellis pleaded guilty and was sentenced in June 2013 to three years’ probation, six months of home detention and a $3,100 fine.

Because Loncarich’s 2008 Ford truck and Ellis’ 1995 Dodge truck had been used in the commission of Lacey Act violations, those vehicles were seized and subsequently forfeited to the government.

Three of Loncarich’s clients were issued federal Lacey Act violation notices and have paid a total of $13,100 in fines.

“We were very well satisfied with the penalties,” Velarde said.

The maximum penalty for conspiracy to violate the Lacey Act is five years in prison and $250,000 in fines.

In a written statement prior to his sentencing, Loncarich and his attorney pleaded for leniency, saying he had struggled with depression and substance abuse involving sleeping pills, tranquilizers, and painkillers. One of his daughters said in the statement that the drug use affected his judgment. and that “he also seemed increasingly tired of dealing with the hunters. He felt that they weren’t as tough as they used to be, and he got tired of having to coddle them. He would get upset because they were too out of shape to hike and track animals, and they just wanted to shoot animals without having to hunt them.”

Loncarich asked for a sentence of only probation.

In the government’s response to his sentencing statement, attorneys wrote that his offenses “involved cruelty to animals of a scope, and on a scale, never before seen by the attorneys of the Environmental Crimes Section. . . .The pain inflicted on the mountain lions and bobcats had no other purpose than to get Defendant Loncarich and his coconspirators paid more quickly. . . . the Government submits that a sentence in the high part of the Guidelines range would begin to reflect the seriousness of the conduct at issue in this case and the circumstances under which the conduct was committed. . . a probationary sentence is not warranted.”

Published in December 2014

County seeks dismissal of CO2 company’s lawsuit

Montezuma County Attorney John Baxter filed a motion in District Court Nov. 11 asking for the dismissal of Kinder Morgan’s lawsuit against the county’s limitations on its plans for a billion-dollar expansion of its CO2 operation in the Cow Canyon area.

As a condition of granting permits for construction of 10 miles of power lines to operate compressor stations and other equipment, the county required KM to obtain signed agreements with all affected landowners before the power lines could be installed. Kinder Morgan immediately filed suit in District Court accusing the county of placing illegal and unreasonable obstacles in the path of its development.

KM maintains that its only requirement, established through legal and leasing precedents, is to make reasonable attempts to come to such agreements with what are known as surface owners, who commonly do not own or control whatever mineral resources may be beneath the surface.

However, in his brief response to KM’s lengthy request for the court finding that the county commission had both exceeded its jurisdiction and abused its authority in imposing this condition, Baxter concedes that on several points the defendants (the commissioners) “lack sufficient knowledge or information to admit or deny (various citations of law and precedents offered by KM) and therefore deny the allegations.”

On one point, Baxter contends that the commissioners “deny that Kinder Morgan needs to install 10 miles of power distribution lines.”

In conclusion, Baxter states that “the plaintiffs are not entitled to the requested relief or any other relief.

“Defendants (the county commissioners) deny all allegations in the Complaint not expressly admitted to which a response is deemed required.”

No hearing date has been set to hear arguments in the case, and there remains a possibility that Kinder Morgan may ignore the county’s condition and proceed with construction at any rate.

 

Published in December 2014 Tagged

Friends and foes

Second of a two-part series
Part 1: Strained Relations

Like an old married couple, Montezuma County and carbon-dioxide giant Kinder Morgan sometimes squabble. . .

. . . but they really can’t get along without each other.

The county is home to much of the McElmo Dome, a rock formation that contains the largest accumulation of naturally occurring CO2 in the world, according to a Kinder Morgan official. That rich source field provides CO2 for oilfields in west Texas, where it is used to force more oil out of the wells.

Demand for CO2 is high right now.

“We are supply-short,” Val Brock, a Kinder Morgan vice president from the company’s Houston headquarters, told the Montezuma County commissioners during a presentation on Oct. 27.

That’s despite the fact that the company produces about 1.3 billion cubic feet per day from the McElmo Dome.

In siphoning CO2 from the ground, the company pumps money into both Montezuma and neighboring Dolores counties:

In 2013 Kinder Morgan paid a total of $20 million in taxes in the two counties (and La Plata County). It is the largest single taxpayer in both, contributing roughly 45 percent and 53 percent of Montezuma County’s and Dolores County’s total property taxes, respectively, in 2013.

In addition, the company provides a local payroll of $7.3 million (for about 60 employees who work out of its Cortez office) and other economic benefits through construction of new roads and buildings for CO2 extraction.

And the Lakewood, Colo.-based Kinder Morgan Foundation provides donations to organizations associated with children, the arts, and charitable causes. In 2013, the foundation gave $2.06 million to a host of entities nationwide and even in Canada. A company spokesperson could not provide a total for how much was contributed in the local counties, but according to the company’s tax return, donations in 2013 amounted to at least $37,000 in the area, including $5,000 to Montezuma-Cortez High School, $4,092 to the Dolores Rotary Club, $4,000 for Crow Canyon Archaeological Center, $3,425 to the Dolores Elementary School, and $2,500 to the Mancos Public Library.

But the relationship has its ups and downs.

Court battles

In 2008, Mark Vanderpool, then the Montezuma County assessor, became suspicious because KM’s self-reported revenues were declining. He hired an expert to examine KM’s books in Houston; she found that the company had under-reported its production by about $50 million.

The county and KM then became embroiled in a dispute over whether KM was allowed to deduct from its revenues the cost of a “tariff ” for the pipeline company that carries the CO2 to Texas. Montezuma County said this cost wasn’t valid because KM owns 50 percent of the pipeline company, and a KM partner, ExxonMobil, owns another 37 percent.

The company was basically paying itself the transportation costs, then deducting them from its revenues, the county maintained.

That dispute is still ongoing.

KM paid taxes of about $2 million on the additional revenue for 2008, but did so under protest, and appealed to the Colorado Board of Assessment Appeals, which hears such tax disputes. In 2013 the BOAA ruled in favor of the county.

But KM has appealed that decision to the Colorado Court of Appeals, which has yet to hear the case, according to county Assessor Scott Davis.

“I’m optimistic,” he said. “The BOAA ruled overwhelming in our favor, which is why I’m fairly confident, but you never know. “

Even if KM loses at the appellate level, the company could then appeal to the Colorado Supreme Court. In the meantime, the assessor’s office has warned the various entities that benefited from the additional tax revenue – such as schools and special districts – that they shouldn’t actually spend the money until the case is resolved.

Ironically, even if KM loses, it won’t wind up paying much more in taxes because oil and gas producers in Colorado may deduct 87 percent of the local property taxes they pay from their state severance tax. In other words, the ruling would just mean that more money came to Montezuma County instead of going to the state.

“It changes their severance tax, so in the end it wouldn’t cost them much of anything, just a couple hundred thousand dollars,” Davis said, noting that, in contrast, $2 million a year in additional tax revenues would be a huge boon in the county.

But KM has been dogged in fighting the battle.

Kinder Morgan and both Montezuma and Dolores counties have argued in the past over how much KM should pay to improve and maintain the roads it uses to access well sites, compressor stations, cluster facilities, and other equipment.

And KM and Montezuma County are engaged in another, more recent legal dispute. KM wants to build an electric transmission line about 10 miles long in the farming area around Pleasant View, which has seen a flurry of CO2-related development in the past year.

At a Sept. 22 hearing on the permits required for the project, a number of landowners voiced concerns to the county commissioners over how the lines and poles would affect their views, their irrigation equipment and their plowing. The commissioners decided to approve the permits, but only on the condition that KM first obtain surface-use agreements with all the affected landowners (about 21).

KM promptly filed a lawsuit against the county, saying that was an illegal and unreasonable requirement.

The county has provided a reply, and the case is ongoing.

The county commissioners’ often-voiced view is that more CO2 development should take place on public land rather than private. They point to the 164,000-acre Canyons of the Ancients National Monument, saying production should be shifted there.

But Brock, the KM vice president, said in his presentation that the company has to develop where the carbon dioxide is, and seismic testing found very favorable results in the Cow Canyon area, a largely agricultural region near Pleasant View and northwest of Cortez.

A host of concerns

Since then, KM has applied for permits from the county on a steady basis – it sought and received seven permits at the Nov. 17 county-commission meeting alone – and hearings regarding the applications have often been held in front of a packed room. An unusual mix of environmentalists and rural farmers has voiced concerns about all the development’s effects on air quality, health, traffic, bright lights, noise, and general quality of life in the formerly peaceful area.

Planners and the commissioners have struggled to keep up with the flow of complaints and concerns.

One frequent complaint is the sudden and dramatic increase in traffic that has occurred with the development in the Cow Canyon area. Heavy trucks rumble along roads every few minutes in some places.

Residents often complain about trucks speeding, but others say the Kinder Morgan drivers are generally respectful of speed limits.

“We have had several complaints about traffic and driving around Kinder Morgan sites,” wrote Montezuma County Sheriff Dennis Spruell in an email. “Our Deputies patrol the areas and have come up with some interesting findings. We discovered local residents are more than 10 to 1 to be the speeders.

“If we have a chronic traffic issue with Kinder Morgan employees or sub-contractors a call to the Kinder Morgan office usually takes care of the problem. While setting up the radar trailer, which reminds drivers of their speed, a local resident was caught going almost 75 mph in a 40 mile zone. He was given a ticket.”

Other concerns involve issues around health and air quality.

At the Nov. 10 county-commission meeting, residents voiced distrust of Kinder Morgan, particularly regarding “venting,” the release of gases from exploratory wells. In one case this summer, a local family in the Pleasant View area smelled strange odors from nearby venting and were put up in Cortez overnight at KM’s expense, while another nearby family stayed put but had an air-quality monitor put up at their home.

“We need to find out the facts,” said Betty Ann Kolner. “I don’t think Kinder Morgan is being honest.”

“What help and information can I expect from the county management?” asked John Wolf, the resident who stayed in his home along with his wife and an elderly relative. “I would never ask somebody who was poisoning me what they were using. . . Tell us what’s in the air. Tell us what they’re going to release. Don’t ask the fox to guard the hen house.”

Another area resident, M.B. McAfee, asked the commissioners to set up a public meeting to let citizens know what is happening with energy development. “How about letting us be part of some of your decisions?” she asked. “Help the public understand what is happening with mineral extraction in Montezuma County. We would start to think that you really have the interest of our citizens at heart.” The commissioners said they would set up an informational public meeting with energy producers in early December. However, at press time the meeting had not been set, according to James Dietrich, the county’s federal-lands coordinator. He said it had proven difficult getting all the relevant parties together and organizing a meeting of such broad scope.

Kinder Morgan’s flurry of production in the Cow Canyon area prompted a far-ranging discussion at the monthly meeting of the county Planning and Zoning Commission back in August.

Several Kinder Morgan employees had presented for review the company’s proposal for the 10-mile electric transmission line. A number of landowners begged for the lines to be placed underground, saying the lines would ruin the views that were part of the reason they’d brought their property. Others worried about whether the electrical transmissions could cause harmful health effects. KM said the power load would be below anything considered potentially hazardous.

Lynn Anderson of Road 10 voiced a common complaint – that the individual applications make it difficult to see the scope of KM’s overall plans. “Kinder Morgan brings its proposals to the county piecemeal,” Anderson said. “Any one thing may seem trivial or insignificant, but you add them all together and this rural farming area we live in 25 miles from the city limits is turning into an industrial area.”

Planning Director LeeAnn Milligan said Kinder Morgan had in fact been fairly transparent and had said in the information packets given to the county what the overall project is to be.

But Anderson wasn’t buying it. “Things are approved a piece at a time. You take it all together and it changes the whole character of the environment. It changes what it is.”

Sue Dusenberry said when she came home this winter after being away, she found a well right on the corner on Road 10 that she had not been informed of, perhaps because she was more than a mile away, and another across the road on CR 9. She said there were now three wells in the vicinity, and said Kinder Morgan applies for them one at a time “so we don’t all show up to comment at the same time.”

Bob Clayton, a former KM employee and a member of the planning board, said the noise, lights, traffic and other disturbances are only temporary. “Take a trip to Hovenweep or Goodman Point or Yellow Jacket, or other places where Kinder Morgan has put in these large developments, and see what it looks like when it’s all done and the trucks have gone away,” he said. “It’s really not as scary as you’re imagining it to be.”

“But that construction phase is hell, Bob!” countered Gala Pock, another member of the planning group at the time (she is no longer on the board).

“So is having a baby, but look at what you get!” joked board member Michael Gaddy.

He and others pointed out the many economic benefits of Kinder Morgan’s presence in the area.

But, Anderson added, power lines are one impact that will not be reclaimed and then disappear; they will be permanent.

Clayton noted that residential development has impacts. “Where people once had privacy, now it’s developed,” he said. “People’s [scenic] views are constantly being changed by growth in this area. It’s not just the energy industry, it’s growth in the area that affects a lot of people.”

A complex analysis

The idea of concentrating more energy development on Canyons of the Ancients National Monument, even if it were feasible, would not be without its own controversies.

Early in 2014, the BLM, which manages the monument, sought public comment on a proposed “geographic area development plan” for the Yellow Jacket area southwest of Pleasant View. The development plan is an agency document designed to analyze potential CO2 development over the next five years on a 30,000-acre area that includes public lands as well as some private.

Two retired BLM employees – former monument manager LouAnn Jacobson and retired monument archaeologist Linda Farnsworth – wrote a letter in response to the BLM’s scoping letter for the development plan. Their response was critical of the proposal in a number of instances.

“The scoping letter refers to the Proposed Action as supporting ‘BLM’s goal of responsible, environmentally sound mineral resource development’,” they wrote, but it did not cite the presidential proclamation which established the monument. That proclamation states, …”the Secretary of the Interior shall manage the development, subject to valid existing rights, so as not to create any new impacts that interfere with the proper care and management of the objects protected by this proclamation…”

Kinder Morgan’s plan to use existing facilities and disturbed areas to improve production, rather than venturing into new ones is “commendable,” they wrote; “however, it cannot be assumed that existing developments within existing rights-of-way did not previously impact cultural resources and that cultural resources will not be impacted with additional proposed development.”

The development plan called for “proposed short-term 2014 projects” including new pipelines from some cluster facilities to a valve station; the completion of minor building and equipment upgrades at cluster facilities; and the installation of new tanks and pumps at a disposal well (where water used in production is disposed of).

Jacobson and Farnsworth wrote that the completion date for the short-term projects seemed “unrealistic” and that such projects should occur only after completion of resource inventories, development of the complete plan, and numerous analyses required under regulations.

“The size of the area covered by the Proposed Action, the importance and complexity of the cultural landscape, and the fragility, interconnectedness, and significance of the cultural and natural resources all contribute to what will be a complex, time-consuming analysis,” they wrote.

The BLM had not yet completed the development plan as of press time. Marietta Eaton, current monument manager, was on vacation and was not available for comment.

Clearly, carbon-dioxide production is going to occur on private lands as well as public, and for the residents in the heavily impacted Cow Canyon area, the prospect is unsettling.

Jo Shane, one landowner in the area, said she has no wells or other facilities on her lands, so she’s lucky. However, she worries about her neighbors.

“We put a lot of money in this place,” she said. “Our property value will probably stay the same, but it [all the industrial development] is affecting other people. There are some who have their place for sale and they’re concerned.”

Others are worried about how CO2 production will affect farming in the region. Kinder Morgan has purchased one 580-acre agricultural parcel with an eye to possibly building its own power plant there. Some farmers say the company’s power poles may require them to shorten the end of their center-pivot systems, meaning some land would go unirrigated.

“Farmers have a lot of money invested in their equipment and their way of life,” Shane said. “We need to protect the people who may not contribute billions of dollars but who contribute to our hay and food sources throughout the United States.”

All in all, the pace of recent development in her area has left her – and many others – concerned.

“It just feels like our little piece of heaven out here is being invaded,” Shane said.

Published in December 2014 Tagged

Colorado man sentenced for illegal wildlife killings

A hunting outfitter and guide who reportedly captured and maimed mountain lions and bobcats so his clients could more easily hunt them has been sentenced to prison. Christopher W. Loncarich, 56, of Mack, Colo., was sentenced to 27 months in prison, and 3 years’ probation for conspiring to violate the Lacey Act, a federal wildlife protection law, according to a press release from the U.S. Fish and Wildlife Service. During his probation he is prohibited from hunting or fishing.

The conspiracy involved felony interstate transportation and sale of unlawfully taken wildlife, and felony creation of false records concerning wildlife that was sold in interstate commerce.  The sentence was the result of a joint investigation by Colorado Parks and Wildlife, the Utah Division of Wildlife Resources, and the U.S. Fish and Wildlife Service.

On Jan. 7, 2014, a grand jury in the District of Colorado returned a 17-count indictment charging Loncarich and Nicholaus Rodgers, one of Loncarich’s assistants, with illegally capturing and maiming mountain lions and bobcats in order to make taking the cats easier for their paying clients.  The investigation uncovered approximately 18 clients, since 2004, who had taken part in the illegal killing of more than 30 mountain lions and bobcats.

Loncarich and his assistants committed numerous state and federal violations during the 2007 to 2010 hunting seasons.  The group devised a scheme in which mountain lions and bobcats would be located prior to a client’s arrival and then “hindered” or “shortened up” to make it easier and quicker for their clients to kill the animals when they arrived.  Methods of  “shortening” the illegal take included trapping and holding the cats in cages prior to the arrival of the client and then releasing the animals when the client was present, as well as shooting the cats in the paws, stomach, and/or legs or attaching leg-hold traps to them prior to the client arriving on scene.

“Many of the violations committed by Mr. Loncarich appear to be the result of greed, unlawfully killing and maiming wildlife to increase his profits,” said Special Agent in Charge Steve Oberholster in a press release. Oberholtzer oversees U.S Fish and Wildlife Service enforcement operations in the Mountain-Prairie Region. “The dedication and expertise of the state and federal investigators and prosecuting attorneys in bringing these persons to justice was outstanding. These convictions, and those to follow, send a clear message that unlawful commercialization of wildlife will not be tolerated.”

In addition, many of Loncarich’s clients did not have the required tags or licenses to take mountain lions or bobcats in Utah, completing federal violations when unlawfully killed cats were transported across state lines. Loncarich, Rodgers, and the other guides often worked to sneak the animals unlawfully taken in Utah across the state line into Colorado, and frequently communicated via radio using coded language in an attempt to evade law enforcement officers.

After a kill, Loncarich often took the client to “check in” the illegally taken mountain lions with Colorado wildlife officials where Loncarich would provide false information to obtain seals for the hides. Many of the cats were then transported back to the client’s home state. Clients paid Loncarich up to $7,500 for each mountain-lion “hunt” and Loncarich would then share the proceeds with his assistant guides.

Loncarich admitted to personally assisting clients in unlawfully killing 15 mountain lions and 4 bobcats during the course of the conspiracy.

Ron Velarde, Northwest Regional Manager for Colorado Parks and Wildlife, said, “This is easily among the worst cases of illegal taking and poaching of wildlife I have seen in my 40-plus years in wildlife management.”

Loncarich’s daughters, Caitlin and Andie, and assistant guide Marvin Ellis, previously pled guilty to violations of the Lacey Act or conspiracy to violate the Lacey Act.  On Sept. 30, 2014, Caitlin Loncarich was sentenced on two misdemeanor Lacey Act violations.  She received one year of probation, a $1,000 fine as well as 60 hours of community service (30 of which are to be spent with the Colorado Parks and Wildlife Hunter Education program).  Also on Sept. 30, 2014, Andie Loncarich was sentenced on a misdemeanor Lacey Act violation.  She received one year of probation, a $500 fine as well as 36 hours of community service (half of which is to be spent with the Colorado Parks and Wildlife Hunter Education program).

On June 3, 2013, Marvin Ellis was sentenced to three years of probation, six months of home detention and ordered to pay a $3,100 fine. Rodgers, who also pleaded guilty, will be sentenced on Jan. 6, 2015.

Loncarich’s 2008 Ford truck and assistant guide Marvin Ellis’ 1995 Dodge truck were seized during the investigation and found by a federal judge to have been used in the commission of Lacey Act violations. Both vehicles were subsequently forfeited to the government. In addition, three hunting clients have been issued federal violation notices for violations of the Lacey Act and those clients have paid a total of $ 13,100 in fines.

The case was prosecuted by the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division.

Published in November 2014

‘Postmark Mesa Verde’

Two local artists will blend past and future in art and words during their park residency

SONJA HOROSHKO

Sonja Horoshko, who with Ed Singer was chosen as the local artists-in-residence at Mesa Verde this fall. The two will pen handwritten letters, accompanied by sketches, to their grandchildren during their stay in the park. Photo by Janneli F. Miller.

“It’s exciting to be returning to the poetry of ancient memory.”

This is what Sonja Horoshko (a Free Press contributor) said excites her about her two-week stint as an artist-in-residence at Mesa Verde National Park, taking place Sept. 29 through Oct. 12. Horoshko and Navajo painter Ed Singer are the most recent local artists selected for the Mesa Verde Artists-in- Residency Program.

Inactive since the 1970s, the current artist-in-residence program was “revived” by Frank Cope in 2006 for Mesa Verde National Park’s centennial celebration. Cope, who is in charge of maintenance at the park, is also a painter. Based upon his own experience working at the park, he took it upon himself to reinvigorate the program, believing it would not only promote the park, but also enable artists to develop their careers by sharing their interpretations of the park experience.

Under his guidance, the program developed five two-week residencies a year: two in May, two in September, and one in October reserved for local artists. Artists from all over the country have enjoyed their stints at the park, living and working out of a centrally located rustic hogan.

BONE WEAPON VIII BY ED SINGER

“Bone Weapon VIIII,” an acrylic-on-canvas painting by Ed Singer. Singer and Sonja Horoshko were the local artists chosen for this fall’s artist-in-residency at Mesa Verde National Park.

Roland Lee, a painter from Utah who held a residency in 2011, blogged, “What a fantastic experience it was to live in a wonderful Hogan on the very mesas inhabited by the Ancestral Puebloans.”

One of the rewards of the residency is the opportunity to be in the park alone. Artists are allowed to access backcountry sites after a rigorous orientation and must carry radios when they are in the park’s remote areas.

“It’s just a fabulous program – it’s a lifechanger,” said Jan Wright, volunteer coordinator of the program. Indeed, for Wright – a watercolor artist from Mancos – her own residency in 2012 catapulted her into her current position. Cope ran the program from 2006 to 2012, which featured residencies by artists from all over the country. In 2013 the park shifted management of program away from Cope’s maintenance department, which it had outgrown.

Wright continued: “Mesa Verde Museum Association was very generous and took over ownership of the program – as long as I would be the volunteer coordinator. I was a Mesa Verde volunteer anyway, so I decided I’d step up. I didn’t know at the time I’d become the coordinator.”

The Mesa Verde Museum Association is responsible for developing and promoting educational and interpretive materials about Mesa Verde. One of the ways they accomplish this is by operating various bookstores in the park and online, as well as publishing guides and scientific monographs. All the books, calendars, games, toys, posters, jewelry and apparel sold in their stores are subject to staff review to ensure that the merchandise is educational and/or interpretive in nature.

The annual artist-in-residence program fits right in, and has been extremely successful the past two years.

In 2014 over 60 artists from all over the country applied for the residencies, and in 2013 there were 65 applications. Wright selects four jurors, who review the applications shortly after the January deadline and award residencies for the upcoming year to the top five artists. Three of the jurors are artists themselves, from different disciplines. The fourth juror is a representative of the park, such as an interpretive guide or ranger.

Over the years resident artists have worked in a wide variety of modalities – including quilters, sculptors, writers, photographers, educators, journalists, glass-makers, potters, printers, flute-players, dancers and composers.

Wright explained that not just well-established or professional artists receive the residency. Artists of all ages, ethnicities, and levels of experience are encouraged to apply. All residents donate one original work to the park and present a public program at the end of their second week.

JACKSON SUNDOWN BY ED SINGER

“Jackson Sundown,” an oil on canvas by Ed Singer, now hangs in the Mainstreet Brewery in Cortez.

Along with a sample of their work, the application process requires artists to submit a statement of purpose, which details what they expect to gain and a plan for their public presentation. Of course, jurors examine the quality of the work, but most importantly, they look for something unique about the proposal. Horoshko and Singer’s ideas are striking in this regard. Their project consists of crafting letters to their grandchildren, Reid Aleksandre Korber, in Denver, and Keon Monty Edwards (Diné) in Tucson, who are both under 2. The letters will include written narrative messages as well as place-based sketches, and are deeply personal in that each artist, working independently, will record their im pressions of the park, and communicate directly to their grandsons.

This is the first time jurors have selected a collaborative project. Horoshko and Singer epitomize a distinct kind of dichotomous artistic relationship: male/female, Diné/Caucasian, and painter/writer. These tensions, combined with their shared experience of being grandparents, serve as inspiration for their work.

Singer explained, “We have our similarities and common goals and ideas, but there are a lot of differences in how we do things, and the ideas that we have. It will be an interesting project. I can’t wait to see the finished work.” Horoshko agreed. “Ed’s contribution is informed by his Diné experience and mine by my biligaana education.”

The pair, who met in 2008 through their participation in a group show at the Center for Southwest Studies in Durango, have never collaborated in this manner before. Singer, originally from Tuba City, Ariz., is a painter, but works in “almost every two-dimensional medium.” He said, “ I don’t ever remember not being an artist. I always remember drawing, and trying to paint.”

Horoshko said the idea of writing letters germinated after she recently read a letter from her deceased father. “Any time any of us keep a record, and look back at it, is a very singular experience,” she said. “The postmarked letter is a deeply personal, almost extinct form of communication today. I want Reid to know certain things about Mesa Verde and I’m keeping him in the foremost of my mind.”

Horoshko said she she feels it’s time, in her life, as a grandparent, to “train them, show them, and then they will learn as adults how to care about these issues.”

But the project encompasses more than just a personal record of the couple’s days spent in the park. The history of Mesa Verde’s journey to national-park status includes American and European letters home and articles. The site was first seen (by Caucasians) by Mancos rancher Richard Wetherill and Charlie Mason in 1888. A few years later both Frank Chapin and Swedish explorer Gustaf Norkenskiold wrote about their discoveries in first-person narratives.

Over 100 years later, Horoshko believes her work follows in this tradition, noting that “our contributions as artists support the mission of the Park Service overall. I want our grandchildren to come here as adults someday and find little change from the contents of the letters they hold in their hands.”

Mesa Verde is home to the richest archaeological record in the United States. Indeed, Montezuma County has more archaeological artifacts per square mile than any other place in the U.S., and protection and preservation of the archaeological record is of utmost importance to Mesa Verde. The ancestral Puebloans who built and inhabited the cliff dwellings left their record via artifacts, petroglyphs, pottery, and pictographs, and archaeologists continue to preserve, research and interpret the material culture of the original inhabitants.

Yet contemporary indigenous people do not always get a chance to experience and express their thoughts about the park.

Singer hopes that his contributions will make a difference in this regard. “It will be like projecting something into the future of what the present park is. It is stewardship. When our grandchildren are adults the sacrifices, what Native Americans gave up in treaty rights, will come back. We gave up these lands – a lot of land – to be preserved and protected, not exploited. We will see how the U.S. government is doing 20 or 30 miles down the road.”

Both Singer and Horoshko are excited about the chance to spend two weeks at the park. The program allows artists special chances to see the park, perhaps as those who lived there originally did.

Wright said the artists can access Wetherill Mesa when it is not open to visitors. They can also choose to go to backcountry sites, at times when visitors, again, are not there, like sunset or sunrise.

About her own experience, she said, “I play native flute and being able to play my flute within the cliff dwellings and be alone there was just true magic, really magic.”

Wright is also excited about Horoshko and Singer’s project. She said their proposal rose quickly to the top of the application pile, because, “It was a way of also giving back to the park. Instead of just doing everything electronically, they said, ‘Let’s return to painting and sending paintings and prose to our children, and grandchildren.’ We’re really thrilled.”

Singer expressed his sentiment differently. “My goal is not to leave there with finished paintings, but to get ideas and to explore the unknown. I’m gonna just jump into the unknown,” he said. “The unknown, what will I find there?”

A free public presentation of Horoshko and Singer’s work will be given Thursday, Oct. 9, at the Farview Lodge library, in Mesa Verde.

 

Published in October 2014

Steele aims for the sheriff’s position

The unaffiliated write-in candidate envisions a cadet program and a citizens’ review panel

MIKE STEELE

Mike Steele

Mike Steele and his wife, Laurie, came to Southwest Colorado five years ago to retire. But a funny thing happened on their way to a laid-back rural lifestyle.

Ten or 12 months ago, he said, he was approached by some local acquaintances who asked him to run for Montezuma County sheriff. Initially he declined, but they returned a month later, and he asked why they were so insistent. They said there was a problem in the sheriff ’s office, referring to news items such as charges against former Undersheriff Robin Cronk, who recently pleaded guilty to embezzlement and official misconduct.

“Of course I’d read the paper, but I’ve dealt with media most of my life and sometimes you have to take things with a grain of salt,” Steele said. “They came back with some documentation indicative of some serious problems. I started looking into the situation myself.”

What he found, he said, was “a lack of proper administrative skills and leadership within the department.” He began seriously considering a bid for the position. “My wife and I talked about it and prayed about it.” Finally they decided to take on the challenge.

Steele is now running as an unaffiliated write-in candidate against Steve Nowlin, a veteran law officer who defeated incumbent Dennis Spruell in the Republican primary. There is no Democratic candidate in the race.

Steele, 57, has a wealth of law-enforcement experience, having worked more than 20 years in the field, at both ends of the spectrum – small and rural, big and urban. He worked in Inyo County, Calif., smaller in population than Montezuma County, and in the San Bernardino County Sheriff ’s Office, which serves several million people and employs over 3500. Likewise, he has worked and supervised staff in two diverse jail environments – one large (about 2,000 inmates), one similar to Montezuma County’s.

While with the San Bernardino sheriff ’s office, Steel said, he worked in patrol and in supervisory positions. His varied positions included a street-gang task force, a crime impact unit, community-oriented policing, street-narcotics investigations, SWAT, and homicide investigations.

Since leaving, he has made it a point to continue his training and education. He recently completed his POST certification. He said he has lectured at the college level on criminal justice and taught extensively in the San Bernardino training academy.

Beyond his law-enforcement career, he said, he has been a businessman and has owned and operated companies with gross revenues in excess of the MCSO budget. He also worked for a decade in fugitive apprehension agencies.

Seeing the system from the other side

Steele has also experienced the criminal justice system from the other side – as one of the targets of an investigation. In 2004 he was charged with three counts of unlawful solicitation of bail and conspiracy in connection with a bail-bond company that was allegedly giving kickbacks to jail inmates for recommending their company to new inmates. Ultimately Steele accepted a plea deal in which he pleaded guilty to one misdemeanor and paid $3,000 in court costs.

Steele said he was unwittingly caught up in a situation that had been going on before he arrived. The company had been created “in a way that was less than lawful,” he said, and that drew the attention of investigators. He said he was operating his fugitive-apprehension agency when he was contacted by the owner of the bail-bond company, in San Bernardino County. “He and his wife owned four or five different offices and asked me if I would do their fugitive work for them.”

He flew to California, talked with the owner, and decided to take on the contract. He and a team then worked about four months with the bail-bond company to bring down their fugitive population “to a manageable level” while he was also doing other work throughout the country.

Steele said he did notice that “it seemed like his [bail-bond] company was doing a large volume” but he didn’t find that strange, since they were in southern California. “I saw nothing that suggested to me there was any illegal activities taking place,” he said.

Eventually he decided to move to California and work exclusively for that company, “which let me quit traveling all over the U.S. living out of a suitcase,” an important consideration since his daughter was a high school student and he was raising her alone. His work included taking incoming phone calls, some of which were from people in custody.

“Their policy regarding incoming phone calls was if a call was answered and it was a person in custody in the jail system, you would accept, ask if it were pertaining to bail, and ask who was going to help them get out [such as a family member] and then connect them with a bail agent. I was not a bail agent. I made four or five of those three-way phone calls.”

But the company was being probed for the kickback scheme, and the San Bernardino DA’s office filed felony charges on the owners and everybody else associated with the company – a total of 19 people. He said all 19 people working in that company were charged. “I think they might have felt they had something bigger than it was.”

The owner and his immediate family were ultimately held accountable, he said, and the other people were processed through the system. Steele said he was the final individual to be addressed. “I had spent $65,000 protecting my innocence. I told my attorney I wanted to take it to a jury trial. They called a week later. . . and said they wanted another $75,000 to take it to trial. I said, ‘I really don’t have another $75,000 to give you’.”

In another few days, he recounted, his attorneys said the DA’s office said the sheriff’s office was concerned about possible civil litigation over the charges and would give him a deal under which he agreed to making the phone calls, a single misdemeanor, and he would be allowed to pay $3,000 in court fees over 12 months.

“I decided to swallow my foolish pride and do what was right financially. I was never arrested or booked. There is no criminal background relative to that.” Steele said the entire episode was a learning experience.

“I spent three years assuming that just because somebody said something, that it was right. I have had my eyes opened and now have seen the other side of that system and what a clarity I have experienced as a result.”

‘Remove the paramilitary style of policing’

Steele was raised in Lone Pine, Calif., a rural area at the base of Mt. Whitney. “I’m not a big-city boy,” he said. “I enjoy hunting, fishing and rodeoing.”

He and his wife have bought the Sinclair station in Dove Creek, which his wife runs. “She’ll be responsible for it,” he said. “My objective is with administering the sheriff ’s office.”

Steel said his biggest concern about the sheriff ’s office now is “a lack of unification” with the broader community.

“There seems to be a divide there. That can’t be. We have got to start rebuilding relationships between the community and sheriff’s office.

“We have to remove the paramilitary style of policing that exists and try to redirect it to a more community-oriented type.” He wants his officers to interact with the community both on and off duty. In addition, he said, citizens need to interact with the office.

He called for the creation of a citizens review panel “which would help me better direct the agency.” The panel could address concerns such as policy, agency restructuring and citizen complaints, “so nobody can ever say, ‘They swept it under the rug’.”

He also wants to increase the agency’s involvement with local youth, perhaps by initiating a “cadet” program as one step. “I started as a cadet sheriff at 16. It gave me an opportunity to determine if I wanted to be in law enforcement and to build a friendship and respect and trust with men and women in uniform. Let’s initiate a cadet program here and bring in some of the folks who are in our public schools.”

He said that would be one way to draw more Native Americans into the agency, piquing their interest as teens and hoping it would result in them being employed in the sheriff ’s office.

“We need to evolve that agency where its staff becomes an active and viable part of the community. We want thankful, kind, and professional law-enforcement personnel that are proud of who they are and where they work. It will take some time, but with proper leadership I know it can happen.”

Revolving door

Steele said he is also concerned about the “massive turnover of personnel” that has been a perennial problem in the MCSO. “When a ‘seasoned officer’ has less than three years of experience, that’s scary.” He hopes to counteract that by creating “a very positive work environment for those employees.”

The relatively low salaries in the MCSO as compared to other such agencies around the state have been cited as one factor behind the turnover, but Steele said this should not be a major issue because working conditions here are far better than in large urban areas.

“If you want to make big bucks and take a 65 percent higher risk that you might not go home at night, go to work in the big city…. When I was a patrolman in the San Bernardino County Sheriff ’s Office, there were 20 to 30 deputies a shift. They started out 40 to 50 calls behind and never got caught up. There should not be any expectation of equal pay” with places like that, he said.

Officers who were raised here understand that they have to give up something in order to raise their kids in a beautiful place and work with a considerably lower risk of injury or death, he said.

He added, “Everybody would like to make a lot of money, but county government is based on taxpayer revenue and there’s only so much. You have to make things work within the boundaries provided for you.” He said the MCSO’s current budget of over $5 million for 72 to 73 employees is substantial.

Even without bigger salaries, Steele believes he can retain sheriff ’s employees by providing “a harmonious and productive environment that helps them increase their personal education.”

“Give them a path,” he said. “It is an entire career, not somebody who says, ‘You’re going to do it my way or nothing.’ You have to work as a team with you being the leader.”

Dealing with the mentally ill

One key community issue that needs to be addressed, he said, is the presence of people with mental-health issues who sometimes wind up dealing with law enforcement. Steele said some sort of facility needs to be developed locally that can work with and help them – “something where you can just take them over there and they make sure they get back on their medication, things like that.”

Currently, he said, there is a lack of resources to effectively deal with problem people. “Here in Montezuma County the resources are extremely limited. Concerns are growing on a daily basis.”

Even though such facilities are expensive to run, he said, it’s time to start working to launch one.

“The goal would be to afford law enforcement a proper facility where they can take these folks with mental-health issues,” Steele said. “Start getting them back on track where they can be coexistent and not a harm to others. Jails aren’t the answer to the mentally ill, or people detoxing.

“I believe it’s time to initiate a fundamental group of people to start securing resources for a program or facility in this area where somebody with mental issues having difficulty interacting with society can be taken. Law enforcement can evaluate the situation and they can be taken to these locations.”

Such facilities can be small or large, private or not, even part of a hospital. “It could be a very small facility, a multi-use facility for detox and mental health. It’s something that really needs some attention. I think this community is ready to start developing some answers. The sheriff ’s office needs to be a viable part of the effort.”

He said he supports the Bridge Emergency Shelter in Cortez. “If folks don’t have an opportunity to get in out of the elements they could die.”

No need for vigilantes

In addition to those issues, relations with federal agencies are an ever-present concern. During his four years in office, Sheriff Spruell became widely known for his vocal criticisms of the Forest Service and Bureau of Land Management, mainly in regard to road closures on public lands. Spruell often said he would issue a citation to any federal officer he found closing a road in a manner Spruell thought to be illegal, though the situation hasn’t occurred so far.

Steele said the issue of roads on public lands is “anything but a simple question. It’s extremely complex. It’s being addressed all over this country.”

In his opinion, the county in which federal roads and lands exist “should have some sort of involvement in the decision-making process as to whether roads should remain open,” he said.

But he believes this will ultimately occur without the need for any vigilante action. “As resistance grows to federal actions, you will see some unity to enable local governments to help and I would encourage that type of a business approach to these problems.”

He said it’s important to remember that Forest Service and BLM workers in the area “are just employees trying to provide for their families. To hold them personally responsible for decisions being made so far removed from them is kind of ridiculous.

“I am not a supporter of vigilanteism and I don’t believe in being aggressive to the local staff who have so little to do with the ultimate decision-making here. They’re part of our community. Their kids play with our grandkids.”

While everyone wants and needs access on public lands, he said, “there are some manmade, after-the-fact, unmaintained roads up there that may not be all that necessary. I would hope the state, federal, and local get together and start making these critical decisions as a group.

“I think we need to build that bridge between us and the federal government in a professional and businesslike manner as opposed to a vigilante-type manner.”

Published in October 2014

Board mulls ‘southern liaison’ post

Five-time San Juan County Commisisoner Mark Maryboy’s work for the county may not be over.

During a county-commission work session Sept. 15, Commissioner Lyman proposed that a position be created for Maryboy, a county commissioner from 1986 to 2002 and from 2006 to 2010, to serve as the county’s “southern liaison” with the Navajos. The county already has a northern liaison, Jerry McNeely, who works with Spanish Valley residents between Moab and Monticello, attending meetings the commissioners can’t get to in the sprawling, 7,933-square-mile county.

Commissioners Bruce Adams and Ken Maryboy – Mark’s brother – discussed the possibility with Lyman and put it on the agenda for a vote at the next regular commission meeting the following Monday, Sept 22.

On that day, however, Adams was absent because of a family emergency, so a decision was delayed because Maryboy would have to recuse himself from the vote, leaving only Lyman.

The idea has raised some questions and concerns.

Former County Commissioner Lynn Stevens told the Free Press, “I don’t understand in any way why there’s a need for a liaison. When San Juan County is districted and one of them is entirely Navajo, that person is very adequate to represent the Navajo people. I am strongly opposed to the idea and know many Navajo people who have told me they are as well. It is an insult to the voting process.”

Morgan agreed. “The elected District 3 commissioner represents the Navajo,” he said in a phone interview. “That person, whoever he or she is, becomes the liaison between the people, the tribe and the county. It is not appropriate to bring in another unelected, appointed office in an attempt to diminish the power of a commissioner elected in a legal process by the people.”

He said when he was a county commissioner, Utah’s Native people had a liaison position appointed to the governor’s cabinet, something he thought was valuable. “We had the governor’s ear. Things got done. What happened to that representation on that state level? It’s not there any more. It’s as if the clock got smashed when that ended. Nothing has happened. It is my intent to get that appropriate representation back for my people and I will work to do that if I am elected.”

However, others have said that anything that furthers communication between the county and the Navajo Nation would be beneficial. Some have suggested it might be more appropriate, though, to wait until a new commissioner is elected Nov. 4 in the all-Navajo District 3 before making a decision on who should be the liaison.

Candidate Benally told the Free Press it would be “premature” to comment on the liaison issue. “I have to consult my committee,” she said.

There is said to be a petition circulating in Montezuma Creek opposing the appointment of a southern liaison. However, Benally did not return a follow-up call to verify the existence of the petition or to clarify her opinion on the liaison proposal after meeting with her committee.

Atcitty did not reply to a message seeking comment on the same topic.

The issue is to be on the agenda at the next regular commission meeting Monday, Oct. 6.

Gail Binkly contributed to this report.

 

Published in October 2014

A plethora of choices in San Juan County

Voters must make decisions in five county races as well as two school districts

Voters in San Juan County, Utah, have some hotly contested races to decide in the Nov. 4 general election, including a fourway race for county commissioner, as well as two-way races for county clerk, attorney, assessor, and recorder.

Two seats on the county commission are open. District 2 Commissioner Phil Lyman is running uncontested, while voters in the all-Native District 3 will be asked to choose from four hopefuls.

In the county, citizens vote only for the commissioner in their own district rather than for all three at-large. That is the result of a 1984 court decision following a lawsuit over Navajo representation.

Early in the year, current District 3 Commissioner Ken Maryboy, now at the end of his four-year term, announced his candidacy for Navajo Nation president. Concurrently, he campaigned for the Democratic nomination to retain his county-commission seat in the primary election.

But Maryboy lost the nomination to Rebecca Benally in the June 25 Democratic primary. Roger Atcitty came in second, only 70 votes behind Benally. San Juan County Clerk Norman Johnson reported that voter participation was more than 52 percent in the June 25 District 3 Democratic primary.

Following that defeat, Maryboy continued campaigning in the Navajo Nation presidential primary race against 16 other candidates. But on Aug. 25, he finished fifth, with 3,153 Navajo votes.

Meanwhile, on the Republican side, Manuel Morgan won the nomination for the District 3 commission seat he held from 2002 to 2006. Morgan’s win back then was the first break in the control held over District 3 by then-Commissioner Mark Maryboy, Ken’s brother, who had won four consecutive terms beginning in 1986. In 2006 Morgan lost his bid for re-election when Mark Maryboy challenged and won the seat back. In 2010 Ken Maryboy ran in place of his brother and won the office he holds today.

Ultimately, Ken Maryboy’s defeat in the Navajo presidential primary and the Democratic primary in San Juan County kept the Maryboy name off all general-election ballots where Native voters have a right to vote – the Navajo Nation and San Juan County. Ken Maryboy is now running as a write-in candidate for county commissioner, as is Roger Atcitty.

At a Sept. 16 candidates’ debate presented by the San Juan County Chamber of Commerce and the Utah Farm Bureau, Morgan faced the audience and the debate questions alone on stage. None of the other three candidates for the District 3 Commission seat attended.

“I didn’t know anything about it in time for the event,” Benally replied in a question about her absence during a telephone interview the next day.

Morgan, who had driven four hours from Window Rock, Ariz., to attend, explained part of his platform. “I have served one term as commissioner before, and know the challenges. I want to create the bridge that’s needed between the Navajo and the people of this community.”

Economic development is one area he believes should be of mutual interest to both. “I am puzzled and perplexed by why we want to continue to drive all the way to Cortez or Farmington,” Morgan said. “Yes, all of us love Chinese food, but why don’t we develop restaurants that serve it right here? If the county doesn’t want to do it, then I want the Navajo Nation to do it.

“The same with tourism. Money flows through here on its way somewhere else. The commissioners represent everyone. My intent is to create the bridge. No more excuses. We just have to do it.”

When asked how he would unify the citizens of the county, he said, “You have to be cognizant that you do have neighbors. The lines need to be lifted. We must work together because we still have the same needs, raising our kids and working toward common goals. The rez kids go away to college and come back and what does it look like to them? No jobs. How does anyone sustain family life here?”

Asked whether the commission should continue to fight federal-lands agencies over road issues, Morgan said, “There are some we should fight for and others that could be closed, but we must do it legally. Some of those roads get us out there where people live. But some have sacred places.

“I don’t know if the EPA can stop access to everybody or keep them from doing things on that land. Whether President Obama signs that Utah wilderness bill or not, there is a whole different story that exists on the desks in Washington, D.C., than what exists in our back yards, that we have use for here where the Navajo people have lived between the four sacred mountains.”

Clerk

San Juan County Clerk Norman Johnson, who has served the office continuously since June 1999, is retiring. Candidates John David Nielson (R) and Dawn Shaw (D) briefly addressed the audience and then answered questions.

Long travel distances in the county create logistical problems for many citizens. Both candidates said they see a need to streamline access to county business and services.

Nielson’s approach would be to “move some things outside the office on a monthly and weekly schedule to shorten the driving distances.” Shaw agreed, adding that she would include a clerk’s office assessment of polling-place elections vs. mail-in ballot.

“Central hubs would help voters get information, possibly locate some voter/ election services at the chapter houses,” she explained. “I would ask the voters how they liked the mail-in process. Would the voters rather have a polling place, and where should they be located?”

U.S. passport applications, commission notices and agendas, minutes of meetings, marriage licenses, U.S. passport information, beer licenses, financial statements and budgets, tax abatements, sales and buyer information are all handled in the clerk’s office. Long trips from remote reservation locations to attend to business in Blanding or Monticello often cause people to miss work.

“The clerk’s office needs to do a better job communicating and serving the people on the reservation,” added Nielson. “I would make an effort to be more involved in their lives, let them know they are a part of this county.”

CRAIG HALLS AND KENDALL LEWIS

Incumbent San Juan County Attorney Craig Halls, left, debates Democratic
challenger Kendall Laws during a forum Sept. 16 at the Utah State
University College of Eastern Utah in Blanding. Photo by Linda Robinson.

Attorney

In Utah, county attorneys are elected. The process differs from Colorado, where the constitution states that the county attorney may be elected or appointed. All counties appoint their attorneys, including Montezuma, but elect the prosecuting district attorneys.

Incumbent San Juan County Attorney Craig Halls (R), first elected in 1986, faces a challenge from Kendall Laws, a 2013 lawschool graduate, who won the Democratic primary over deputy county attorney Walter Bird.

Clearly running on his experience and on the fact that the county has voted him back into office every election, Halls credits his “working relationship with commissioners, sheriff and chief of police, the officers and the people” for the “working, practical knowledge I have gained over so many years.”

“I am no ‘star of the show’,” Halls said. “I have no scandals, apply my best judgment. I just do a quiet efficient job for the county. It’s difficult, too, because one side will say you didn’t do enough and the other says you did too much.”

Laws offers a new perspective on the legal services. “The office is more than a prosecutor,” he said. “I am committed to bringing a wider array of services to the county, a more robust attorney’s office.”

An audience member asked for an explanation of the role the attorney takes in county issues, such as the possible endangered- species listing for the Gunnison sage grouse and federal road closures.

“I review legislative action [that is intended] to resolve issues they’re trying to pass,” answered Halls.

“I advise commissioners, represent them and policy-makers. I am trying to make sure justice is done. The attorney does not legislate. Instead, we advise.”

Laws replied, “There is a distinction between the federal and state laws. The attorney works with commissioners to determine the legality in court. We are not mavericks. If we are challenged in court we cannot do whatever we want. We have an obligation to protect the county commissioners.”

If Laws wins he will set aside his private practice, he said. “I will be free to do county work and get rid of potential conflicts of interest.”

Halls described the number of conflictof- interest cases during his 28 years as attorney as under 20. “We have a deputy county attorney who handles those expressed conflicts when they arise,” he said.

San Juan County, Utah, is still litigating a redistricting suit filed by the Navajo Nation in January 2012 alleging that the county’s voting-district boundaries “systematically disenfranchise Indians by denying them the right to vote” because they are so drawn that only one Navajo can ever be elected. (District 3, described in the filings as a “packed district,” is entirely Navajo.) The decision, not expected until early 2016, will weigh the district boundaries against assurances that each person is guaranteed one vote.

2010 census numbers showed that Indians held a slim majority in the county – 52.17 percent among the total population and 50.33 percent in the voting-age population. When asked about the re-districting lawsuit, Halls said the commissioners “acted appropriately [when they set new district boundaries]. I think they did it right and I am prepared to defend it. Going forward, I think we’re going to win that.”

But Laws warned against the unpredictability of the judges in the case. “I can’t predict the outcome. You just do the best you can, prepare, and then it is in the hands of the judge.”

Assessor

While county offices are typically fouryear terms, the assessor, recorder, surveyor and treasurer will be elected to six-year terms this year in order to stagger the county offices so not so many positions are open at once.

County Treasurer Glenis Pearson (R) and surveyor Sam Cantrell (R) are running unopposed. Incumbent county assessor Howard Randall (D) is being challenged by Shelby Seely (R), who was not present at the debate. Randall explained that he has been in the job 12 years after being the manager of the Napa Auto Parts store.

“The state allowed me three years to get educated as an appraiser. In that process I have learned the other side of the business,” he said. “We appraise and collect taxes so that we can enjoy the privileges the county provides. I have continued my education, completed the tests.”

Appraising, he said, is a balance “between what you would ask for a property, what it would bring at the sale and the fair market value.” Assessments of property with infrastructure such as power, communications, pipelines that cross state boundaries are out of his expertise. Specialized teams are brought in from Salt Lake City, he explained. “They can answer our questions and give us facts that we would not normally have access to, but they are the people who do the final assessments of those properties.”

Recorder

The county recorder keeps the real property records and provides the assessor and treasurer with information necessary for assessment and taxation. Its information handling methodology is changing rapidly. How to use systems efficiently that can help collect, maintain and retrieve data accurately is now the most important issue facing the recorder, according to candidate David Carpenter (R).

His background in technical digital systems gives him the experience to deal with an emerging “technical society,” he explained, “the GIS [application], for instance, and how it works.”

The Geographic Information System currently in use in many recorder offices contains maps used to locate, identify and inventory parcels of land. Layers of geographical information about a place give a better understanding with selected input from the user’s purpose — finding the best location for a new store, analyzing environmental damage, viewing similar crimes in a city to detect a pattern.

The technology is very useful in assessment of real and personal property.

“I do not have the technical background my opponent does,” candidate Tina Corrao (D) admitted at the debate, “but I look forward to the GIS. It is a work in progress, about a year out. It does everything. I’d love to see the easements in the roads,” while looking at other information on a parcel of land.

Carpenter adds that it is a broad technology that that can be used for specific information pertinent to a search in the recorder and assessor’s services. He sees the possibility of working with the Navajo Nation in those applications as an opportunity to build a practical relationship that will benefit the Navajo communities in the southern parts of the county. “Without it we are limited in what we can do.”

School board

Candidates running for two San Juan County school districts were also absent at the debate. Montezuma Creek, Aneth, and Red Mesa are included in District 4, where incumbent Elsie Dee is facing a challenge by write-in candidate Melvin Capitan, Jr. Farther west, District 5 serves Navajo Mountain, Oljeto, and Monument Valley, and Jean Holiday Nimrod is challenging incumbent board member Nelson Yellowman.

Published in October 2014 Tagged

Utrup hopes to be ‘best ever’

BILL UTRUP

Bill Utrup

Bill Utrup is stoutly convinced he has the essential qualities to make him the “best commissioner Montezuma County has ever had.”

“I am a young, energetic 65-year-old [who is] proactive and pro-business,” Utrup said, describing those qualities he believes would make him the leader the county must have in the challenging times ahead. “I have been self-employed my whole life and understand what it takes to make things happen.”

He lists among the wide-ranging experience that has prepared him for the job his work as a real-estate agent, a building and demolition contractor and, in those capacities, his complex dealings with local, state and federal governmental agencies.

“These professional occupations have given me extensive experience in business and government, whether for building a home, financing a business or purchasing a farm – as well as for the preservation of the natural systems we all hold so dear.”

If, as he confidently predicts, he is elected, his priorities will include focusing intensively on improving the county’s public education system, vigorously promoting economic development and instilling a sense of community in which all citizens will benefit from their united efforts.

“My greatest challenge will be my greatest reward,” he said in a prepared statement, “and that will be to assist in the enhancement of this community on every level that I can.

“But I need your support,” he stressed, “[so] together we can continue to build a model community that we will all be proud of.”

Asked what the commissioners could do to improve the quality of education in Montezuma County, which ranks very low in most of the categories by which the county is judged statewide, Utrup said that “just my presence and supporting education I think would be a biggie.

“And the school systems, knowing that they’re supported any way they can be by a county commissioner, I think is a big plus. “I know we [the county] have excess funds from time to time that can be channeled in that direction and also as a commissioner, there’s always the possibility of influencing different organizations to donate to our school system,” he said. “In the case of Kinder Morgan [a CO2 producer that accounts for a large portion of the county’s tax revenue] in terms of joint efforts with them and other individuals, to buy computers. “So I think there’s a lot of room there to support the school systems through being a county commissioner.”

Utrup said he doesn’t believe the incumbent commissioners are doing all they could to support education

“Other than directing funds from time to time, I don’t think the current commissioners have given that much attention to education in terms of awareness – in terms of being on the forefront of doing everything they can in order to assist the educational system,” he said. “They have varying interests and I guess my interest in education might not necessarily be their interests.

“So I feel it’s a personal endeavor as a commissioner in whatever arena you’re in to fully support that arena,” he said, “and education is one of my priorities because it feeds into economic development and vice versa.”

Establishing a stable economy is paramount to providing jobs once an educated workforce has been trained and ready to enter the job market, he said.

“Getting a good education is integral to getting a good job, and if we have economic benefits here, hopefully we can keep more of our people in the community versus leaving for the outside world — they have to go where the economic opportunities are the greatest.”

Just how such economic opportunities would be developed is, Utrup conceded, a knotty issue.

“That is a major hurdle,” he said. “A lot of the kids that grow up here would like to stay here if there are job opportunities available, so a good education and job opportunities go hand-in-hand.

“So we have to continue to increase and build on our economy as well as help our students to become more progressive any way we can to get good jobs in the future.” Utrup heartily endorsed the proposal now being mulled by the incumbent commissioners to “livestream” meetings (broadcast them via computer as they are in progress) and possibly record them for later transmission to allow interested citizens to tune in at their convenience.

“Videoing our meetings would be a definite asset to the community,” he said.

Other than that, Utrup said, he would need to have a comprehensive view from the inside once he is on the commission to gain insights into how the county government could be improved or made more efficient.

“That’s a tough one because you would almost have to get in there and have a feel for the reins, and then that opens one up to see what possible changes would benefit the community,” he said.

“It’s one thing to be on the outside and another to be on the inside dealing directly with these issues,” he added. “On the inside you’ve got a full reign of what’s going on through the different factions.

For instance, he said, “We have an ongoing relationship with Kinder Morgan, but being on the outside, we’re not that close to Kinder Morgan to where a lot of information is shared between us and Kinder Morgan, but between the county commission and Kinder Morgan a lot of information is shared.

“Now this is just a ‘for instance,’ but until we know more of the depth of everybody’s business we can’t start to formulate new ideas as for how things should go,” he said.

“This is just from my perspective, but from being on the outside we don’t have near the flow of information that we have on the inside,” he added. “Once we’re on the inside, through that flow of information we have a lot more to pull from and make conscious decisions.”

When asked what he would do to improve county government and the lives of its citizens, Utrup said he “would have to think about that, because I’ve been focusing on a lot of different areas of the job,” such as conflicts with federal agencies on roads and who has ultimate control over them, and on the issues surrounding transferable development rights (TDRs) in the Dolores River Valley Plan.

On one of the more controversial issues currently facing the county, Utrup makes no bones about the fact that he believes the plan, developed after years of study by a citizens’ group with input from water-quality experts, has failed to live up to its goals of improving water quality or enhancing property values in the river valley. Perhaps the most contentious provision of the plan is the system of TDRs under which property owners who have no plans to develop their properties could sell 10-acre portions to those who do, thus concentrating development in certain areas while leaving others in more pristine states. Recently, the commission voted 2-1 to eliminate this portion of the plan, and a lawsuit challenging this decision is currently working its way through the court.

“I am a relatively new to the area [so] I wasn’t here when the plan was enacted 10 years ago,” Utrup wrote on his Facebook page, while sharply criticizing the scheme. “There is no proof that the quality of water has changed in the valley [and] proof of a change in the last 10 years should have to be established and pointed out to the commissioners.” (Defenders of the plan say pro-actively assuring water quality is far better than addressing a problem once it occurs.)

Utrup said he would make a better commissioner than James Lambert, his Republican opponent, because, “I am a more active member of the community – I think that’s a big plus. I work in the soup kitchen now and attend school-board meetings and am a member of the Cortez Chamber of Commerce. I feel my business experience is way better than his.”

While Utrup remained vague when asked for specific programs or policies he would support or oppose as commissioner, he did sum up his general goal during his interview with the Free Press:

“My whole ideal is to become the best county commissioner that has ever been elected in this county.”

 

Published in October 2014

A staunch conservative

Commission hopeful Lambert worries about ‘federal overreach,’ road closures

JAMES LAMBERT

James Lambert

“Conservative fiscally and socially” reads the slogan on a campaign brochure for Pleasant View farmer James Lambert, Republican candidate for Montezuma County commissioner in District 1. “For God, family, country, community.”

Lambert, 77, is not afraid to display his beliefs. He is opposed to “the federal overreach” on public lands, he does not like conservation easements or the transferable development rights that have caused controversy in the Dolores River Valley, and he can quote Bible verses as easily as a hippie could recite the lyrics to Beatles anthems of peace and joy.

But, while his views seem clear, there is one thing he says some people misunderstand about him. Contrary to concerns in some emails circulating around the county, he said he does not believe in the supremacy of Aryan peoples.

“There are some people that are trying to tie me to white-race supremacist people and there could be nothing further from the truth than for me to be associated with those people,” he said in a phone interview. “I need to make it clear somehow or other that I don’t subscribe to the belief of the white-race supremacists at all.”

The issue has arisen because of Lambert’s extensive writings about religion on a website, kingdomseekersministry.org. For more than three decades, Lambert and his wife have had a non-denominational Bible study ministry that includes mail outreach and a local Bible study group; his Bible interpretations are expressed on the site, and some of those statements have prompted questions.

For instance, the “We Believe” page of the site states that God chose a people to become his “servants and witnesses to the world,” and further states, “These people in modern times are represented by the Anglo- Saxon, Celtic, Germanic, Scandinavian, and kindred peoples of the world. However, genealogy is not the ultimate criteria. . .” (For more of the quote, see below.)

Another comment in one of his lessons states, “I presume that it is Scripture like this chapter that has led today’s Jews to believe that they are superior to other peoples. Even if they were who they claim to be, which they are not, this should not give anyone a superiority complex.” (See below.)

Lambert said he is simply explaining what’s in the Bible. He said emphatically that he wants nothing to do with white supremacists.

“On our mailing list we have a number of prisoners and this white-race supremacist thing, it’s a problem in the prisons, especially where they have a large Negro population, and so we get requests quite often from prisoners who want to be put on our mailing list,” he said. When they receive such a request, “I write them back telling them I’m glad to put them on our mailing list but I have to know for sure that they’re not having any part to do with the white-race supremacists. If they are, they’re not welcome on our mailing lists. Usually they never write back.”

Lambert said he feels the need to make this clear “because I realized people aren’t saying it but they’re inferring it in their emails and their conversation. … this is what they’re thinking and I’m a little bit hesitant to talk much about what I believe because people who aren’t informed can certainly draw the wrong conclusions.

“I don’t mind telling anybody what I believe, but I need to have the time to explain it to them so they don’t draw the wrong conclusions,” he said. “I just felt like I needed to make it real clear to you that I had no part of that.”

Regarding the comment about Jews, Lambert provided a lengthy explanation of Biblical history. Following the death of Solomon, he said, the Kingdom of Israel split into two kingdoms. Each was eventually taken into captivity by different peoples. One tribe was allowed to return, but the other, called Israel, was not. Instead, its members moved north and west from where they were captive into Asia Minor, Europe, and the British Isles, from where they spread into North America, Australia, South Africa, and other places.

“I believe that we are descended from those people,” Lambert said. “God gave them a particular job to do. They were to be witnesses of him for the whole world and basically this is what they’ve done.”

“Keep in mind what I’m saying is Judah and Israel are two different entities,” he added. “They never came back together. The people you are calling Jews today are not part of the Israel Kingdom. They were part of it to start with, but when they split they became their own kingdom.” Asked whether he believes any human beings are superior to any other people as far as race, creed or religion, Lambert said no.

“I do think that the Israel people, and this would include some from Judah as well, they already have been and will be blessed more than some of the other people because of the job that God gave them to do,” Lambert said.

“They went into captivity because of their sins, but God used that to scatter them throughout the world. The fact that he’s using them for his purpose, I think that he blesses them and that’s the reason I think the United States is blessed, Great Britain is blessed, because of this, but that doesn’t mean that they’re superior. In fact sometimes I wonder if they’re a little inferior.” Asked if he would treat all constituents equally, he said yes. “I think we have that obligation as people no matter what.”

Lambert, a county resident since the age of 1 and a Pleasant View resident for 44 years, has a variety of business and board experience that he says has prepared him well to serve on the county commission. He owned an industrial-equipment business and later a roofing and siding business, both for more than 20 years. He was a founding member of the board that created the Montezuma Water Company and is currently vice president of the boards of Farmers Telephone Co. and Farmers Telecommunications, Inc. He served on the Pleasant View Fire Department (including 12 years as fire chief) and on the fire district’s board.

He said he is running without any specific mission in mind. “I don’t have an agenda, I don’t have an ax to grind or a special project that I want to promote or personality that I want to do something about.”

Lambert, who has been attending commission meetings since February, said he has mixed feelings about the Dolores River Valley controversy. After a public hearing before a packed crowd, the commission ers voted to end the decade-old system of transferable development rights in the valley, a decision that triggered a lawsuit that is still in the court system.

At a meeting before the local 9-12 Project, Lambert said he would have voted to keep the TDRs even though he doesn’t like them.

“I am basically opposed to the principle of the TDRs and conservation easements and this type of thing,” Lambert told the Free Press, but the reason I would have voted for it was that as I saw it, a majority of the people who own land in the Dolores River Valley appeared to be in favor of this.”

However, he added, “I basically am opposed to the principle. . . A TDR and a conservation easement are the same thing in my mind and I’m opposed to that. A person has every right to do whatever he wants to do with the land that he owns as long as it doesn’t interfere with or damage somebody else, but I don’t feel like he has the right to determine two or three generations down what they can do.

“The present landowner doesn’t have the right to put conditions that future generations are going to have to live by.”

He said he does believe the county should keep the current 10-acre minimum lot size in the valley rather than revert to the three-acre minimum required in the rest of the county.

“I don’t think there’s any question but what growth has to be limited in the valley and I don’t know how else to do it at this point. The whole area depends on that water so it has to be protected one way or the other.”

Another controversial issue with which the county has to deal is its relations with the Forest Service and Bureau of Land Management. Lambert said the two agencies are not following their own rules and regulations and that if a road on federal public lands is proposed for closure, the county has to consent to it first.

“By state and federal law, the county has a responsibility for the roads. Once a road’s established the county has a responsibility for it unless it’s on private land. They’re supposed to coordinate with the county. They say they do so by coming in and telling everybody what they’re going to do but they’re not working with the county at all.”

For example, he said, he believes the Colorado Constitution requires prior approval from the county and state for the federal government to buy private land, but managers of Canyons of the Ancients National Monument did not seek it when proposing to purchase land from a willing seller, Bud Poe.

“I’m opposed to the federal overreach,” he said.

He believes federal law trumps state law “not in every case but most cases, yes.” He supports the concept of nullification, the theory that states can nullify federal laws if they deem them unconstitutional.

“We already have nullification in Colorado,” he said. “The people nullified the pot law, the marijuana law, by voting to allow recreational marijuana. In effect they nullified the federal law in doing this.”

This isn’t an action Lambert supported, however. He said while he is receptive to the idea of growing industrial hemp in the county, if it proves viable in the area, he opposes growing hemp’s psychoactive cousin, marijuana, and to allowing its sale for recreational use – something that is coming to the municipalities of Cortez and Mancos.

He is skeptical as well of the need for medical marijuana.

“To be honest with you, what I think I’m seeing in the medical marijuana is a major abuse of it,” he said. “If it was regulated properly like all other drugs I wouldn’t have a problem with it, but at this point I think it’s being abused too bad.”


From the “We Believe” page:

To implement His plan, God chose a people through unconditional promises to one man, Abraham, to become His servants and witnesses to the world. These people have the primary responsibility to be God’s witnesses to the nations of the world, and to ultimately rule the world with Christ Jesus, the King of Kings. The story of these people, this kingdom, both from a historic standpoint and a prophetic standpoint, is the story recorded in the Holy Bible. These people in modern times are represented by the Anglo- Saxon, Celtic, Germanic, Scandinavian, and kindred peoples of the world. However, genealogy is not the ultimate criteria—as the apostle Paul says in Galatians 3:29, “And if ye be Christ’s then are ye Abraham’s seed, and heirs according to the promise.

From one of the newsletters:

Rev. 21:25-26, “And the gates of it shall not be shut at all by day: for there shall be no night there. And they shall bring the glory and honour of the nations into it.” The apostle John tells us in Rev. 21:2 that he is speaking of the new Jerusalem which is really the governmental structure of God’s kingdom. It is not a literal city as was the old Jerusalem. I presume that it is Scripture like this chapter that has led today’s Jews to believe that they are superior to other peoples. Even if they were who they claim to be, which they are not, this should not give anyone a superiority complex. Again, if we look at the big picture, Israel has been richly blessed by God, but they have also been severely punished for their sins. In fact had it not been for the promises to Abraham, they would have been completely destroyed many centuries ago because of their sin. When we understand the heart condition of the people who are part of this kingdom, i.e. their thinking and feeling in tune with God’s thinking and feeling, even if they are a part of this kingdom, they will not have a feeling of superiority. This can be difficult for us to understand, but I believe the closer we come to God, the greater our understanding of these people will be.


Published in October 2014

Utah climbers’ village runs into obstacles, seeks new site

INDIAN CREEK RECREATION AREA CLIMBING VILLAGE

Climbers love cracks and fissures of the red-rock buttes of the Indian Creek Recreation Area near Canyonlands National Park. Planners are working on an idea for a small cluster of huts or cabins to house some of the climbers. Photo by Gail Binkly.

A proposal to build a collection of huts or cabins for rock-climbers in the Indian Creek Recreation Area near Canyonlands National Park is being revamped after initial plans ran into opposition.

“We’re kind of back to the drawing board,” said Oliver Crane, assistant city manager for Monticello, Utah, in a phone interview. “We’re looking at some other properties. We want to help, not do harm.”

The Indian Creek area, some 30,000 acres about 20 miles northwest of Monticello, straddles Highway 211, which heads west from Highway 491 toward the Needles District of Canyonlands. The route travels through vistas of cloud-topped red-rock buttes with the spires of the Needles rising in the background.

People travel through the area en route to Canyonlands, but many also come specifically to Indian Creek to camp, hike, bike, ride ATVs, or take photos. The largest group of visitors, however, is drawn to the stunning Wingate-sandstone cliffs not just for their beauty, but for the challenge they offer to climbing skills – particularly “crack climbing,” which focuses not on rock faces but fissures and crevices.

“They come from all over the world. Indian Creek climbing is somewhat worldrenowned,” said Donald Hoffheins, director of the Monticello Field Office of the Bureau of Land Management, which manages the area.

But the climbers – who often camp outdoors for days, bring much of their own food, and pay few fees – don’t bring a major stream of revenue to San Juan County. Locals would like to see a little more financial benefit from their presence.

Speaking to the San Juan County commissioners on Aug. 11, Crane discussed a tentative idea for a “climbers’ village” in Indian Creek with possibly a dozen very modest cabins that could each house four to six people.

The village was proposed not on BLM land, but for an adjoining parcel managed by the School and Institutional Trust Lands Administration (SITLA). Such parcels are owned by the state and are managed to produce revenues, primarily for schools.

Crane told the commissioners the village could provide an economic benefit.

“If we have aggressive occupancy – 12 cabins, about $20 a night [per cabin], 90 percent occupancy for 70 percent of the year – it would bring about $56,000,” he told the commissioners.

The money would be split with the American Alpine Club, which was to manage the cabins, he said, and the remainder could go into a fund, managed by a nonprofit, that would disburse small-business loans and community-development grants in the area. The commissioners sounded receptive to the concept.

However, on Aug. 18, Heidi Redd came to the commission meeting to register a vigorous objection to the plan.

WINGATE FORMATION

Sheer buttes of Wingate sandstone such as this one lure climbers from around the world to the Indian Creek Recreation Area. Photo by Gail Binkly.

As owner of the Dugout Ranch, which sits on the threshold of Canyonlands, Redd has been one of the major landowners in the Indian Creek area since the 1960s. In 1996, she sold the 5,260-acre ranch to The Nature Conservancy, retaining a lifetime lease, her home, and 25 acres. She currently manages TNC’s cattle-grazing operations on the ranch and on allotments on 250,000 acres of surrounding BLM land.

Redd told the commissioners the piece of SITLA land being discussed for the village contains her water diversion on Cottonwood Creek, and the proposal could affect her cattle operation as well as the ranch’s water supply. She also said she had not been informed about the plan and had only learned about it from reading a local newspaper.

Subsequently, Crane and others involved in the project – including the state, the University of Utah, and the American Alpine Club – decided to seek a new locale, he said.

The next step now, he told the Free Press, is “finding the correct piece of land that would be a good location both in a pragmatic business sense” and for all the adjoining landowners, including the Dugout Ranch, the National Park Service, and the BLM.

They will be looking for a piece of land that has already been impacted and where huts or cabins won’t harm the view.

Crane said the idea is to “make something that is pleasant to the eye and hopefully not necessarily in sight when you’re driving past, but if you’re there camping or at the hut or cabin or whatever the final drawing turns out, you’ll have a good view of the Needles or Indian Creek.

INDIAN CREEK PARKING

Crowding in the Indian Creek area has prompted the Bureau of Land Management to create better parking areas. Photo by Gail Binkly.

“We probably won’t have it right there in the heart of Indian Creek. Everyone wants to preserve as much as possible.”

He said planners want to involve numerous stakeholders in the decision-making. “The Park Service and BLM are advising on it, SITLA – everyone’s on board. I’m trying to take as much input as possible from lands groups and private citizens.” He said the concept “would be a good way to provide a benefit to the county without competing [with local businesses]. It’s an idea that we’re exploring.

“I think it’s innovative. It’s kind of a win-win for everybody. It reduces scattered camping and provides something that’s not there right now. We’re trying to do some good in a way that helps.”

Such a village could ease camping pressures on the Indian Creek corridor, which are increasing.

A document prepared by the Monticello Field Office as part of its resource-management planning process noted, in regard to Indian Creek, that “. . .recreational use has changed over the past decade. What was once a remote area with few visitors has now become an international rock-climbing destination. The rapidly increasing popularity of the area has severely increased the impact of humans on the corridor environment, and has created a demand for additional visitor services and facilities.”

In the fall and especially the spring, rock climbing may draw hordes to the area. In a 2002 article in Climbing, Amy Irvine described the scene: “40 cars are smashed into various small pullouts beneath Supercrack and Battle of the Bulge Buttress, and hordes of climbers stand like rush-hour crowds on subway platforms, jostling each other for a burn on some of the world’s finest crack climbs. Across the road, toward Beef Basin, new campsites are scattered like buckshot across the desert floor. Late-risers cloister there, plunging French press pots and taping their hands for the day’s projects. Beyond them, a labyrinth of trails lead into the bushes and telltale piles of used toilet paper.”

Such crowding led the BLM to create a new Indian Creek Recreation Corridor Plan in 2005, and in 2008 the corridor was designated a BLM special recreation management area, Hoffheins said. Since then, more parking has been developed, and the BLM is currently improving a campground.

And for years the nonprofit Rocky Mountain Field Institute has worked with the BLM and the Dugout Ranch to preserve Indian Creek Canyon and mitigate recreational impacts. The institute has built several trails to popular climbing routes, Hoffheins said. He could not provide visitation numbers for Indian Creek, but said, “ We’re trying to get a handle on the amount of use nowadays with traffic counters and so forth.”

Hoffheins said he learned about the village plan while in an inter- agency meeting about a possible hut-to-hut system. “Somebody from the county or state mentioned this plan. I said I hadn’t seen anything and I would like to be kept informed because it does potentially affect BLM land.”

He said he recognizes that the BLM’s facilities in the area are “still on the rustic side” and that people might be interested in a more permanent structure. However, he said, there is nothing in the field office’s resource management plan that calls for a higher level of development for camping. “We may eventually get there,” Hoffheins said.

“I can tell you I have talked with the Park Service, extremely briefly. Our staff has mentioned that the Park Service has encouraged us to look at additional campground development in Indian Creek because of overflow camping out of the Needles District.”

The question of how much development to provide in the corridor is a delicate one. Many climbers do not want to see anything that would implement a fee structure for overnight stays, and those who love the area and its soaring views shudder at the thought of any type of structures cropping up along Highway 211.

The Nature Conservancy is watching the planning cautiously. In addition to managing Dugout as a working cattle ranch, TNC has launched the Canyonlands Research Center at the site, which offers facilities for scientists and students studying invasive species, climate change, grazing impacts, and other issues on the Colorado Plateau.

Sue Bellagamba, Canyonlands regional director for The Nature Conservancy, told the Free Press Sept. 17 that TNC “has not been contacted by San Juan County or the American Alpine Club regarding any proposed development on or near our Dugout Ranch property, so it’s difficult for us to have any real comment because we have not seen plans.”

TNC purchased the ranch in 1996 “to protect and conserve it,” including the viewshed, Bellagamba said. “We are opposed to any unnecessary developments in kind of a pristine area,” she said, adding, “I would hope as any good neighbor that somebody planning something in the area would contact both Heidi Redd and TNC.

“TNC always tries to work with people for a win-win situation, so I would like to see what they’re interested in and I would like to explain what we’re trying to do down there and see if there’s an opportunity to do something that meets both of our goals.”

Crane said he understands the need to balance development with respect for the area’s resources, as well as the character of the nearest community – Monticello.

Original plans for the village called for modest structures built of beetle-killed ponderosa pine, with solar panels so climbers could charge their devices, and water only for drinking and cooking – no showers.

“There’s a big concern about growth without dramatically changing the character of the community,” Crane told the Free Press. He is optimistic that a plan can be worked out that will prove beneficial to all concerned. “You can still benefit from tourism without changing the character of the stakeholders,” he said.

Published in October 2014

Until people get it

By now, you’d think I would know better than to read articles titled “Shamed, flamed, harassed: What it’s like to be called fat online.” But, I did reason that it appeared in the New York Times, and I reasoned further that the headline was sympathetic.

The article itself made many points, from salient (“shaming is not a solution”), to the “hmm, really?” variety, as when interview subject Virgie Tovar told reporter Anna North the “cultural anxiety” arising from women gaining autonomy is driving weight prejudice. (I wouldn’t say that this isn’t a factor, but I would say it’s a reach to lay it all on some kind of pushback from the patriarchy.)

The article on the whole was positive, particularly when Tovar said she would like to see people treat what she calls fatphobia for what it is: abusive behavior that merits resistance.

Then I waded into the comments, apparently, because I was feeling masochistic. Many of the initial responses indicated people were either unwilling or incapable of grasping the point.

A sampling:

• “People’s lives are restricted, people are dying, costs are enormous and rising. To focus on people getting their feelings hurt in the face of these realities is bizarre…” • “People should be told, politely, to drop the weight…”

• “Are we supposed to celebrate obesity and the many concurrent health issues, morbidity and social costs? I don’t believe in being mean to individuals, but I also don’t believe in saying that every poor choice a person makes is acceptable… there are good reasons why sloth and gluttony are deadly sins.”

• “…overweight people are mostly gluttons… should they be bullied? Of course not. Are they making themselves targets of harsh judgment? Of course.”

• “This generally self-inflicted problem… does not produce any compassion on the part of the general public and is compounded by the media always looking to provide other reasons which are convenient for ‘overweight, obese, fat people’ to avoid personal responsibility for the problem.”

• Fat parents with fat children = “child abuse, no different to second-hand smoke.”

• “Not all shaming is necessarily bad. . . But especially now that we all pay the costs of the poor health choices of others (when the overwhelming majority of overweight are the result of personal choices) some shaming is warranted.”

• “While fat shaming is terribly harmful to those who are obese, it does have a deterrent effect on those of us who would otherwise give in to temptation.”

• Comments asking why it is OK to shame smoking and excessive drinking, but not OK to fat-shame. One acknowledged that it is hard to lose weight, but immediately after said: “Many don’t want to put in the effort or make the life changes required to achieve a healthy body. … And let’s not stifle the voices of condemnation that rightly point out the unappealing nature of the condition.”

• “…females have a strong instinct to compete on the basis of appearance.” (And what could possibly be the reason for that?)

• It’s OK to shame racists, so it is OK to shame fat people (the gist of one remark). It goes on: “…Well, when I see an obese person, my immediate reaction is, I will pay for every ounce of your excess flesh, either by paying increased insurance premiums to cover the cost of treating you for the illnesses your obesity is sure to bring, or through the lost productivity caused by your sick leave and inability to perform at maximum capacity. … If you don’t want to be the target of fat jokes, start showing some personal responsibility.”

• It is disgusting to see fat people on airplanes and to have to fly with them. (Paraphrase).

The NYT’s standards no doubt shut off the sewer channels, so we probably were treated to the milder opinions. More than that, though, a fair number of comments took the bigots to task and called out those who were making sweeping assumptions. (I was among them and will soon repeat some of the points I made.)

Here’s a handful of the basic assumptions I see, and continue to see, even as people push against “fat-shaming.”

1. “It’s common sense! If you just eat less and exercise more…”

Wow! Thanks, I’ve never tried that before! Because, you know — I’m fat! And that automatically means I am stupid and lazy, and I dine solely on Twinkies stuffed with hot dogs and topped with nacho cheese, plus I guzzle French fry drippings instead of water. All the time!

2. “I lost weight, so anyone can!”

Good for these folks if that makes them happy. But they can be happy about it without dragging others into it. Also, I can’t help but think that if people of this mindset were truly comfortable in their skin, they wouldn’t be so concerned with mine. Besides, if I became thin, they would have one less person over whom to feel superior. (Also, if the stigma of being fat were to be taken away, they might feel “cheated” of accolades.) I should know — I feel superior when I see someone heavier than me. It is wrong. I need to stop it. So, I am calling out myself on this one.

3. “You just don’t like being told the truth.”

Yes, that’s totally it, because I have no idea that I am fat. Never mind that it is impossible not to know I am fat when I exist in a thin-obsessed world that has no trouble condemning me for not fitting in.

The problem isn’t the word “fat.” The problem is that it is freighted with moral judgment and assumptions. The short list: irresponsible, pathological, bad parent, bad spouse, unproductive worker, selfish, greedy, gluttonous, smelly, ugly, dirty, couch potato, disgusting, uses food to “insulate” from problems instead of dealing with them like a proper adult. Oh, and if we object to that kind of judgment, then we are crybabies. The reason I would call this intolerant and self-righteous is precisely because it is. Countering prejudice is not the same thing as whining over hurt feelings.

4. “Fat people are driving up healthcare costs.”

Size is not synonymous with health. Everyone gets sick. Everyone dies. It is simplistic and inaccurate to declare that a fat person’s health problem in every case “must” be the result of his or her weight. Also, fat people pay insurance, too, which is a shared risk. They don’t enjoy subsidizing others’ “lifestyles,” either.

Speaking of “lifestyles,” smoking is a lifestyle choice. Eating poorly and being inactive are also lifestyle choices (as well as socioeconomic ones), but the thing is, not everyone who makes those choices is fat, nor is every fat person necessarily inactive and eating poorly. This is but one reason why comparing fatness to smoking does not fly. (And judging smokers as reprobates is wrong, too.)

5. “If you don’t want to be ridiculed and discriminated against, lose weight.”

That is the most pernicious and entrenched of justifications for bigotry, as well as the most infuriating. Demanding that fat people conform to the standards of those who are abusing them in order to stop the abuse puts the onus on the wrong party.

6. “You’re just looking for excuses.”

Nuh-uh. Don’t even go there. I’m looking for people to understand that they don’t get a say in my body, because my body is not public property. (And neither is a slender person’s, so stop making assumptions about that person’s “anorexia.” No more body-bashing. Period.) Also, fat people don’t need an “excuse.” There is nothing to excuse.

Now, it is true that not everyone loathes fat people. It is also true that people can think what they please of fat people; there is no obligation to “celebrate” anything.

There is an obligation, however, to remember that fat people are people; to not stereotype; to not assume; to not abuse, to drop the idea that fat people have to justify our existence and — as I have said before — that we should change our bodies so others don’t have to change their minds.

My notion appears to be the “radical” one.

And that’s the problem.

Katharhynn Heidelberg is an award-winning journalist in Montrose, Colo.

Published in Katharhynn Heidelberg

Nowlin, Lambert, Percell big winners

Republicans swept the field in Montezuma County races Tuesday, reflecting what appears to be a national trend, although GOP candidates are usually a good bet locally during any election cycle.

In the sheriff’s race Steve Nowlin easily bested his write-in  opponent Mike Steele, winning 74 percent of the final vote count with 6,241 votes. There were 2,198 write-in votes cast, but only 1,867 were for Steele, with some voters writing in other names, including that of incumbent Sheriff Dennis Spruell, according to Clerk Carol Tullis.

James  Lambert also won handily over independent candidate Bill Utrup, even though some voters had expressed alarm over some of the statements made on Lambert’s religious website kingdomseekers.com. He garnered 62 percent of the votes to Utrup’s 38 percent.

Deputy County Clerk Kim Percell scored big in her race as well, getting the nod from 69 percent of the electorate over unaffiliated candidate Judy Marquez.

Tullis said the turnout was quite heavy for a midterm election, with 9,790 ballots being turned in during the all-mail election out of approximately 14,000 that were sent out.

Published in November 2014

What is the county’s mission

Now that Montezuma County has a relatively new staff and board of county commissioners, I ask: What is their mission? Do they have an agenda to lift our county out of poverty? What will they come up with to help those struggling to make ends meet?

If they are to be our leaders, they should take the helm and steer us forward, using the assets available in this area. That would not only bring pride and prosperity for the community, but it would make a name for them.

I don’t really care to hear that refrain, “It’s not our job.” You are not in a union, you are elected officials. Leaders are supposed to overcome these impediments. Supporting affordable health care as our hospital does and working to increase the minimum wage in the county and state would accomplish more than chasing chickens and running to the state legislators to prevent someone from garnering money from the sale of his property. They should do research into what local amenities could be used to bring jobs to the area, the cost of implementation, and where and how to get financing for those who have an idea and need a boost.

I am absolutely certain that people do not care to work two jobs with no benefits and remain in a state of poverty. I think it is up to our elected officials to make a concerted effort to alleviate this problem for the good of the community. They seem to be willing to spend time, effort, and our taxes on things that are of no consequence to the average person’s lifestyle. This diverts attention from the real problem – 37 percent poverty in this county. That should shame leaders to try to find the causes, then work to alleviate them. Start with elevating minimum wages, not only in the county but the state. Now, that is something to bring to the legislature. A forward-thinking and prospering state brings in tax monies, the result of good-paying jobs and education. If the legislators won’t do it, then go over their heads to Congress and get a boost in the federal minimum wage.

Another key factor to focus on is local business. There needs to be local business here, owned and operated by local people – not giant corporations who siphon off the cream and ship our money out. We need to ship our products out, not our money. I mind not at all helping those that struggle to put food on the table and shoes and clothes on their children, but it angers me no end to elect and put people into the greatest welfare system in the county and see no positive results, when they are already among the 1 percent in income in this community.

Our leaders need to consider the people’s needs. Why is there not a ground-floor office and commission meeting room in an area easily accessible to aged, infirm, and busy people, so all who care to can attend?

I’ve lived here longer than anywhere else. My wife and I chose this area for its beauty and small-town atmosphere, which I have seen decline faster than mash goes through a goose. I was ashamed recently when two ladies came through Cortez and couldn’t find the downtown area.

We can do better. Remember, poverty enhances no one, not even those in charge.

Leadership does not mean on-the-job training for those we elect. They should come into office with awareness and knowledge of the problems, and hit the ground with some ready answers. But of course no one has all the answers, nor the questions. It shows leadership to reach out to others. Have a brainstorming session with interested local constituents. We aren’t all fools.

Anyone can perform an easy task. It takes leaders with knowledge, guts, and determination to tackle the hard questions. “It won’t work” and “It can’t be done” are not steps toward success.

Galen Larson writes from Montezuma County, Colo.

Published in Galen Larson

Ghost stories

There is a moment in the documentary “The Ghosts in Our Machine” in which an old dairy cow eases herself onto the straw in a barn at the New York State refuge to which she has been taken. Her weariness and relief are almost palpable. She has won the bovine lottery – after a life of unbroken confinement and tedium, producing calves that are promptly taken from her, having her udder periodically sucked dry by a machine, and facing slaughter after just three or four years of existence, she has been plucked from the system. So sick and dehydrated that she could barely stand, this “spent” cow and her day-old calf were purchased at an auction and brought to this farm to live the rest of their days in peace as “ambassadors” for their kind.

Not terribly long ago, most dairy cows did not need to be “rescued” in order to live quiet lives on farms. But in this age of industrial agriculture, many animals no longer enjoy affection, companionship, natural birth and death, or even freedom of movement. They have become slaves, commodities, ghosts in an enormous profit-making machine that has no concern for their suffering.

That’s the message of the film, which was shown following the 4 Corners for Animals Conference in Cortez on Oct. 11. Touching and sad rather than gruesome, as are many animal-rights documentaries, it chronicles the efforts of photographer Jo-Anne McArthur, who has made it her life’s work to reveal the conditions in which commodity animals exist. We see her sneaking onto a fox farm where the yipping, fearful animals live short lives confined in a dark building, never able to run or play. She trespasses onto a mink farm to photograph the creatures as they leap frantically in their pens, biting at the metal that encases them.

“I’m not here to liberate them. I’m here to document them,” she says, though she also admits, “Leaving is the hardest part of my work.”

At that point in the film, her earlier claim of having post-traumatic stress disorder no longer seems exaggerated.

Cut to a scene of the New York farm sanctuary, with birds chirping, clucking hens poking about in the dirt, and grunting pigs blissfully cooling themselves in muddy water. The viewer can’t help but sigh with relief.

But that feeling is short-lived, as the film turns to a segment about the use of beagles as lab animals. Beagles are favored for their size, and a strain has been bred to be especially docile and passive. Some of these traumatized beasts are eventually adopted as pets after their stint as research subjects, but other lab animals are not so fortunate. Where do they come from before they reach the lab? McArthur shows us small monkeys captured in the wild in Laos and Cambodia, thrown into cages and fed just enough to keep them alive until they can be shipped to their new homes in tiny pens. Then we see Ron, a chimpanzee who lived more than 30 years in a 5-by-5-by-7-foot cage, anesthetized and experimented on over and over, with nothing for comfort or stimulation other than a blanket. Finally he was rescued as the laboratory use of chimps – which share over 98 percent of our DNA – began to be phased out, and was able to die in a sanctuary.

When people say they love animals, McArthur notes, they mean pets and wildlife. No one wants to see the ugly truth behind the meat we eat, the milk we drink, and the furs with which we adorn ourselves.

Certainly we don’t want to view “gestational sows” living in pens so small they can’t turn around, cranking out litters to feed Americans’ ravenous hunger for bacon and pork. “Bacon makes everything better!” we see on a sign outside a restaurant. Underneath, someone has written, “not for the pig.”

The film shows one sow who, while pregnant, was beaten with a metal pole and burned with a cattle prod until a worker called police. She is rescued. The owner explains that he keeps his sows alive only two years – a kindness.

“Ghosts” makes an unabashed plea for veganism, something not likely to become widespread in this age of the Paleo and Atkins diets and the demonization of carbohydrates. It makes no pretense of being objective or even-handed, though it does offer a comment from Professor Temple Grandin of Colorado State University, a well-known animal advocate who sees nothing wrong with eating other creatures so long as they have a good life first. (Many advocates, in fact, subscribe to the “one bad day” principle – animals live fairly normal, happy lives until the day they’re slaughtered.)

“Ghosts” is guilty, perhaps, of a little naiveté in making it seem as though humans are the cause of all animal suffering. Nature can be tremendously cruel, as anyone who has seen a hawk eat a rabbit can attest.

Still, even a painful but relatively swift death at the hands of a predator might be preferable to months or years of confinement without the possibility of escape. To lock thinking, feeling creatures inside small enclosures with nothing to do except experience boredom, pain, and terror is surely a kind of torture more barbaric than anything nature could devise. McArthur makes the case that vegetarians who give up meat to try to be ethical but continue to eat dairy products are actually supporting the crueler end of the spectrum.

The film leaves some fairly obvious questions unexplored: If humans did stop eating meat altogether, would we continue to kill other animals to feed our pet cats and dogs? Is it acceptable to use animals in labs for a few years if it advances our medical knowledge and saves human lives – or even animal lives? And it doesn’t provide information on things like whether organic and free-range farming is significantly more humane.

But, watching this gentle, sincere, and kind-hearted documentary, it’s impossible not to wonder why – at the very least – we can’t give up the use of fur altogether; why we need to consume so much cheap meat; and why the human race seems compelled to be so cruel.

Meat-eater or no, anyone seeing this film who feels no sense of empathy for the other species with whom we share the planet might benefit from a period of confinement encased in concrete and steel.

Just one bad day.

Published in November 2014 Tagged

Wild talk

Discussions at the National Wilderness Conference focus on broad issues

What is the future of wilderness?

What is the future of the human race?

Is anything truly wild in the Anthropocene epoch?

WRENCHED PREMIERE DISCUSSION

From left, author Terry Tempest Williams, author Jack Loeffler, Kim Crumbo of the Grand Canyon Wildlands Council, and Earth First! cofounder Bart Koehler answer audience questions at the Oct. 18 New Mexico premiere of the film “Wrenched,” about environmental activism. To the right is famed wilderness author Ed Abbey’s writing chair. A free showing of “Wrenched” will be given in Durango on Friday, Nov. 7, at 6 p.m., at the Powerhouse Science Center, 1333 Camino del Rio. Doors open at 5:30 p.m.

Big-picture questions and topics were the order of the day at the National Wilderness Conference, which took place Oct. 15-19 in Albuquerque, N.M.

Part celebration of the 50th anniversary of the 1964 Wilderness Act, part forum for sharing research, and part occasion for soul-searching, the event brought together more than a thousand people whose discussions weren’t the sort that are commonly heard in Montezuma County, where the very mention of wilderness raises hackles.

And while there were many tough questions and few easy answers, there seemed to be universal consensus on at least thing: Yes, wilderness matters.

In fact, it matters more than ever – both to humans and to other species, said prominent presenters including Interior Secretary Sally Jewell and New Mexico Sen. Tom Udall, along with the lesser-known experts who spoke.

As people become more obsessed with electronic gadgets and more removed from the natural environment, wilderness areas offer a place to reconnect with the land and escape surveillance, said Jason Mark, editor of the California-based Earth Island Journal.

“The wilderness remains one of the few places where you can get off the grid,” Mark said. “No one is tracking you, no one knows where you are, and that is really important.”

Although it’s becoming difficult to differentiate between what is natural and unnatural today, in what is being called the Anthropocene (human-dominated) epoch, he said, “we can still identify what is wild and what is domesticated.” Wild things, he said, are self-willed, autonomous, free from human control. “We need to hold on to the wild, to this distinction between places that are domesticated and not domesticated.”

But this will be a challenge in a future when wilderness is an abstraction to most people – urban-dwellers who know how to navigate a city and navigate the Internet but may have no experience trekking through a backwoods landscape.

Saying that “the digital net is tightening,” Mark described Google’s plans to send people into the backcountry to take 360-degree views of as much wild landscape as possible and make it available online. “You can right now raft the Colorado River through the Grand Canyon via your computer,” he said.

Google also plans to loft hundreds of low-flying satellites into orbit to provide global wi-fi, making the whole world “a universal hot spot.” Mark called that a scary idea that threatens to take away the power of the wilderness.

He noted that there are now “digital detox camps” where people go to break the hold that electronic devices have over them. “Buy a pair of hiking boots, drive to where the blacktop ends, and start walking – that’s my digital detox,” he said.

More than just an escape from urbanization, wilderness may some day provide a place to hide from Big Brother, just as Sherwood Forest did for Robin Hood. Wild places have historically been the “refuge of the apostate and dissident, the fugitive slave,” Mark noted, and quoted writer Ed Abbey: “We may need wilderness someday, not only as a refuge from excessive industrialism but also as a refuge from authoritarian government, from political oppression.”

Alluding to the “Terminator” movies, in which a global computer becomes self-aware and takes over the world, Mark said, “If some mad men ever try to activate Skynet, I think we will want some landscapes that are outside the network.”

Battling the lure of technology was a theme echoed by others at the conference, including Dave Foreman, co-founder of Earth First! and current executive director of the nonprofit Rewilding Institute. He said he has told people he’s taking on river trips not to bring their cell phones or he’ll throw them into the water.

“I don’t think you can find wilderness with a cell phone in your pocket,” Foreman said. “I don’t think you can find wilderness on a pair of wheels. . . People harm their own wilderness experience by taking these gadgets. You’re supposed to be getting away and hearing the sounds of nature.”

But it was a message that obviously didn’t resonate with everyone, as many audience members at different presentations doodled obsessively with their smart phones.

A number of speakers voiced concern about the pace at which plant and animal species are going extinct. A recent study by scientists with the World Wildlife Fund and the Zoological Society of London estimated that the number of wild animals on Earth has dropped by half in the past 40 years because of habitat loss, pollution, and unsustainable hunting.

“We are in the middle of a huge extinction now,” Foreman said, “caused by one thing only, and that is us.”

And while the Wilderness Act was not specifically designed to stop extinction, it is a tool to protect habitat, he said. For instance, if some of the historic forests in the southeastern United States had been preserved as wilderness, ivory-billed woodpeckers might not have gone extinct.

“How do we live with all the other earthlings,” he asked, “without being the asshole nobody wants to be around?”

Dave Scott, president of the Sierra Club board of directors, called for the designation of millions of acres of new wilderness, saying refuges and corridors are needed for species trying to migrate to cooler habitats to cope with climate change. But that alone won’t save many species, he said; threats not related to climate change must also be reduced, including pollution, mining, offhighway vehicles, and more.

Scott quoted writer Wallace Stegner:

“Something will have gone out of us as a people if we ever let the remaining wilderness be destroyed . . . if we drive the few remaining members of the wild species into zoos or to extinction; if we pollute the last clear air and dirty the last clean streams and push our paved roads through the last of the silence, so that never again will Americans be free in their own country from the noise, the exhausts, the stinks of human and automotive waste.”

But Scott offered some criticism of the environmental movement. He said wilderness has not always been preserved and managed with an eye to the rights and needs of indigenous peoples. In some cases, lands reserved for native peoples were then taken away and made into parks. At times, he said, “the environmental movement has failed to recognize its complicity in the displacement of indigenous people.”

He called for measures such as allowing Alaskan natives to continue subsistence hunting and fishing; the protection of sites for spiritual practices; and park interpretation that accurately conveys history even when it reflects badly on the U.S. government. Indigenous people should be sought out to provide their own interpretations, Scott said. “Make the experience of nature and wild places more broadly available for all,” he added.

The environmental movement has been criticized as predominantly for white, wellto- do people, he said, although that is not entirely true. For instance, a recent survey funded by the Natural Resources Defense Council found that nine in 10 Latino voters said it was important for the U.S. government to address global warming and climate change.

“We have got to make the environmental movement younger; we have got to make it more diverse,” Scott said.

“Wilderness is for all.”

Different speakers offered different views of the future. Max Oelschlaeger, an environmental philosopher with Northern Arizona University, said he is pessimistic. “The shit has hit the fan and it’s going to get a lot worse,” he said.

Our current era, in which people’s connection to the land has been severed, is “pathological given the evolutionary past from which we have come,” he said.

“We have separated ourselves from the land, from the flora and fauna, and from the natural system,” Oelschlaeger said. He said pristine wilderness no longer exists in the Anthropocene Age.

But George Nickas, president of the nonprofit Wilderness Watch, said he is optimistic. “People love wilderness, people need wilderness, and because of that, we will preserve wilderness.” Most people relish the idea of there being places where humans aren’t in control, he said, even if they never actually see those sites.

But he warned that there are threats to the very concept. One, he said, is “the political pragmatism that has afflicted our movement” and pressured advocates to endlessly compromise. Another is “market triumphalism – everything is commodified. Everything has to have a market value.”

Yet another threat is the response to climate change – not climate change itself. Wilderness will adapt to change, Nickas said, but “the temptation to meddle, to garden, will be so strong” that people may manage wild areas to the point that they cease to be wild. “It’s hard to watch the vegetation change and invasive species take over,” he said.

“There will be reasons to meddle on virtually every acre of our wilderness system, and whether we resist that and give nature its autonomy will be the real test.”

Nickas added, “These are big challenges, but I do believe all of them can be overcome.”

He urged supporters not to be apologetic about the restrictions on activities within wilderness boundaries. “I think we need to think big and bold about wilderness again.”

Nickas’ call for letting wilderness alone was echoed by Foreman. “Don’t go overboard to protect wilderness areas from change,” he said. “We need to take some action, but we also need to be very, very humble about it.”

The two agreed that fire suppression and fire-prevention efforts – which are generally allowed in wilderness areas – can be threats. Dave Bengston, a research social scientist with the Forest Service concurred, calling it a “war on fire driven by the fire-industrial complex.”

Nickas said “rewilding” is not needed in wilderness areas, although it may be fine for places outside them. “The only thing that makes wilderness not-wild is us,” he said.

After the speeches and seminars on Oct. 17, many conference attendees went to the New Mexico premiere of the film “Wrenched,” about Ed Abbey and the growth of environmental activism. The showing was followed by a panel discussion featuring several of the activists featured in the documentary, including Foreman and Earth First! co-founder Bart Koehler, Utah writer Terry Tempest Williams, author Jack Loeffler, and Kim Crumbo of the Grand Canyon Wildlands Council. They answered audience questions, discussing the future of wilderness, environmental nonprofits they believe have “sold out,” and their efforts not to compromise in advocating for wild places.

They were asked their advice for the next generation. It was Foreman who gave the pithiest answer:

“Please don’t have kids,” he said The audience laughed merrily, but he seemed serious. “There are 7 1/2 billion of us on the planet right now. It’s going to be 12 billion by the time you’re my age. Just don’t have kids.”

 

Published in November 2014

The tide runs red

Republicans win big in Montezuma County and Colorado; some surprises in Utah

Republicans swept the field in Montezuma County races Nov. 4, reflecting what appeared to be a national trend, although GOP candidates are usually a good bet locally during any election cycle.

In the sheriff ’s race Steve Nowlin easily bested his write-in opponent Mike Steele, winning 74 percent of the final vote count with 6,241 votes. There were 2,198 write-in votes cast, but only 1,867 were for Steele, with some voters writing in other names, including that of incumbent Sheriff Dennis Spruell, according to Clerk Carol Tullis.

James Lambert also won handily over independent candidate Bill Utrup, even though some voters had expressed alarm over some of the statements made on Lambert’s religious website kingdomseekers.com. He garnered 62 percent of the votes to Utrup’s 38 percent.

Deputy County Clerk Kim Percell scored big in her race as well, getting the nod from 69 percent of the electorate over unaffiliated candidate Judy Marquez.

Tullis said the turnout was quite heavy for a midterm election, with 9,790 ballots being turned in during the all-mail election out of approximately 14,000 that were sent out. A stream of voters came to the clerk’s office on Nov. 4, many saying that they’d thrown away their mail ballot because they believed there would be an opportunity to vote at polling places. These had to apply for a new ballot and fill it out at the clerk’s office.

Incumbent county Treasurer Sherry Dyess, Assessor Scott Davis, Surveyor Ernie Maness, and Coroner George Deavers ran unopposed and were thus returned to office.

The incumbent representative for the Third Congressional District, Republican Scott Tipton, gained about 59 percent of the vote to coast to victory over his Democratic opponent, Abel Tapia.

In a race for state representative in District 59, which includes La Plata County, Republican J. Paul Brown held a narrow lead over Democratic Mike McLachlan at press time.

Statewide, Colorado voters ousted incumbent Sen. Mark Udall in favor of Republican Cory Gardner. The governor’s race between John Hickenlooper and Bob Beauprez was too close to call overnight, but by the morning after the voting, it appeared Hickenlooper, a Democrat, would hang on to his office.

Colorado voters soundly rejected three ballot questions – a proposed “personhood” amendment that was largely an anti-abortion measure; a proposed amendment to expand gaming by allowing horse racing; and a proposition to require the labeling of genetically modified foods.

The only measure that passed was a proposition requiring open meetings for collective- bargaining negotiations in schools.

New Mexico

In New Mexico, another senator named Udall fared better than Mark did in Colorado. Tom Udall, a Democrat, kept his seat, defeating Republican Allen Weh on a 55-45 margin.

Republican Gov. Susana Martinez, a rising star in the Republican party, easily kept her seat over challenger Gary King.

Utah

In San Juan County, just across the Colorado border, a fresh face was chosen for the county commission. Rebecca Benally won a heavily contested race in District 3, the Navajo district, receiving more than double the total of her opponents Manuel Morgan and the combined write in-candidates Kenneth Maryboy (the incumbent) and Roger Atcitty.

After her victory was announced in the clerk/recorder’s office, Benally issued a statement saying, “In our San Juan County, all things are possible. To those who may have had a different outlook and different ideas from our own for the county, I look forward to sitting down together, having a conversation on how we can move forward. Tonight has reflected that we truly do rise or fall together as one family and as one community.”

In another high-profile race, for county attorney, challenger Kendall Laws, a Democrat, won a stunning victory over 28-year incumbent Craig Halls with a 838-vote margin out of the 3920 votes cast by county-wide voters for the position.

Republican David Carpenter beat Tina Corrao by 120 votes to win the position of recorder, while John David Nielson, a Republican, defeated Dawn Shaw, 2309 to 1549 votes, in the clerk’s contest.

Challenger Shelby Seely, a Republican, ousted incumbent County Assessor Howard L. Randall by 400 votes.

The seat in San Juan County School Board District 4 was won by Elsie Dee over a write-in candidate, and Nelson Yellowman defeated Jean Holiday Nimrod by 120 votes in District 5.

An uncontested race returned Phil Lymon to the commission seat in District 2. In other uncontested races, Rick Eldridge won the sheriff ’s position, “Sam” Cantrell remained county surveyor, county treasurer was Glenis B. Pearson and the Utah State House District 73 seat was retained by Rep. Michael Noel.

According to James Francon, clerk/rcorder’s office manager, turnout for the general election was 63 percent. “We traditionally have good voter turnout. The mail-in ballot produced good results in the general election this year. The primary election this year was especially good, though, and that isn’t normally the case.”

Statewide, Republican Mia Love succeeded on her second try at becoming the first black Republican woman to win a congressional seat. She topped Democrat Doug Owens in Utah’s 4th District.

Marijuana

Pro-pot meaasures did well nationwide. While voters in Florida rejected a constitutional amendment that would have allowed doctors to prescribe medical marijuana, Oregon approved a measure allowing the purchase of marijuana for recreational use, joining Colorado and Washington state in legalizing cannabis. At press time, a similar measure in Alaska was too close to call.

And in Washington, D.C., city residents gave a resounding yes vote to a measure that will allow people to possess up to 2 oz. of marijuana and cultivate up to six plants at home without legal penalties.

Cannabis remains illegal at the federal level.

Published in November 2014 Tagged

Turmoil and turbulence

The Navajo presidential election produces a very blustery campaign season

A requirement that Navajo Nation presidential candidates must fluently speak and understand their native language to qualify for the ballot has sparked a political firestorm on the country’s largest reservation and caused postponement of the election for their new leader.

NAVAJO NATION SUPREME COURT HEARING

Edison Wauneka, director of the Navajo Election Comission, answers questions before Chief Justice Herb Yazzie during the Supreme Court hearing on contempt charges brought by Dale E. Tsosie and Hank Whitethorne. Chris Deschene, disqualified presidential candidate, is the second person seated behind him on the right.

The requirement came under scrutiny after candidate Chris Deschene won 19 percent of the vote, nearly 10,000 votes, in the Aug. 26 primary, coming in second only to former President Joe Shirley, who garnered 21 percent of the vote in a crowded field of 18 hopefuls.

On Oct. 9, Deschene’s qualification for the office was challenged by primary candidates Hank Whitehorne and Dale E. Tsosie before the Office of Hearings and Appeals.

During the hearing, Whitehorne’s attorney Justin Jones asked Deschene three basic questions in Navajo: Where are you from? What are your clans? How is a resolution made into law in the Navajo Nation government?

However, Deschene replied in Navajo to each question with one identical answer: “Éí nashín’taah doo ákót’éedah,” which translates in English, “You are testing me. This is not right.”

He was asked multiple times to answer each question but declined.

Finally, chief hearing officer Richie Nez declared, “I’ve been pushed into a corner by clear and convincing evidence that by refusing to answer questions which will lead me to pass on whether or not Mr. Deschene is fluent,” thereby disqualifying the candidate.

The statement said that the Office of Hearings and Appeals “expects [the] Navajo Election Commission to place the candidate with the next highest votes as the new candidate on the official ballot in the general election. All parties shall have ten days to appeal this final order to the Navajo Nation Supreme Court.”

Since that initial ruling, the fluency issue has caused serious disruptions to the presidential election process, peppering it with legal proceedings in all branches of the Navajo government, including, in addition to the Hearing and Appeals Office and the Supreme Court, the Navajo Board of Election Superintendents, the Legislative Council, the Office of the President and Vice President, and legislative legal advisors.

A runoff presidential election scheduled for Nov. 4 was ultimately cancelled while the legal maneuvering continued. As of that date, word was that a new election without Deschene on the ballot had been set Dec. 23.

Beyond the issue of Deschene’s candidacy, however, the debate around his required fluency highlights the declining use of the native language by young Navajos, as well as the multiple functions of indigenous language.

According to Yanua Morgan, a resident of Aneth, Utah, the fundamental use of the language is more than simple, one-dimensional communication.

“The culture is carried in the language. Our language is filled with metaphor. As an example, the code talkers could use our Navajo metaphor to build the unbreakable code that brought victory to the U.S. forces in World War II. If you aren’t fluent in the language you are not fluent in the metaphor,” she explained. “Not every Navajo could be a code talker.”

But that valuation of the language runs counter to the feelings of many younger people, who maintain they should not be excluded from running for political positions because of the requirement when, some say, they haven’t been taught their native tongue at home or in the schools, and many live off-reservation where they cannot use their birth-tribal language.

On the ballot

On Oct 13, the Navajo Board of Election Supervisors convened a special meeting at which they declared that Deschene’s name would remain on the ballot.

Supervisor Jonathan Tso said in the decision, “The people have a right to choose the leader of their choice,” meaning a popular vote could show whether or not fluency is an essential issue.

“These grievances are fundamentally flawed,” wrote Deschene in a Facebook statement a few days later. “But this issue has become larger than me or my candidacy. Voters’ rights must be preserved and protected. A majority of our chapters have passed resolutions supporting the Navajo Board of Election Supervisors’ decision to honor fundamental law that protects peoples’ right to choose their own leaders. I firmly believe that the Navajo Nation president should be chosen by our people, not by two complainants and their attorneys…We continue to fight.”

Direct appeal

Deschene also appealed the Office of Hearings and Appeals’ Oct. 9 ruling to the Navajo Supreme Court, but the appeal was dismissed because the required documentation was not turned in by Oct. 20, or 10 days after the ruling, according to the order, which stated, “The court hereby dismisses the appeal for the lack of jurisdiction. The final order disqualifying [Deschene] entered in Oct. 9 is final and enforceable.”

But Deschene again appealed directly to his followers in a statement on his Facebook page, saying, “I respect the Supreme Court, but they simply got this one wrong. I want to be your president. I am qualified to be your president. And I remain on the ballot as a presidential candidate. You must continue to vote.

“We are not surprised by today’s ruling, and we assure you, this is not over. Don’t quit on me. I will continue to fight for you,” Deschene added. “For us. I’m committed to solving the real problems facing our nation. You can help by staying the course and voting. Let’s win this.”

However, according to Edison Wauneka, director of the Navajo Election Commission, early voting was under way already that day. Twenty ballots had been sent to each chapter, explaining that the people are free to vote until the board meets to make a decision on the OHA ruling.

Two days later, Oct. 23, the Navajo Supreme Court issued a decision on a Writ of Mandamus filed by lawyers for Tsosie and Whitethorne petitioning the court to order Board of Election Supervisors to abide by the OHA order to postpone the Nov. 4 presidential election and remove Deschene’s name from the ballot. The court found in favor of the petitioners, stating that it is not within the election board’s authority to determine who should be on the ballot. The authority is the OHA. The election board did not comply.

As a consequence, lawyers for Tsosie and Whitethorne filed contempt charges against the election board.

Legislative relief

The Navajo Council then began to move on the issue. Delegates Leonard Tsosie and Danny Simpson introduced a bill that supported voters’ rights. While not striking the language requirement from the code directly, the bill would amend candidate qualifications. “Language proficiency shall be determined by the People voting in favor of the person upon the right and freedom of the Diné to choose their leaders.”

The council press release states that it is a measure to “let the people decide” if candidates are fluent enough in the Navajo language.

“This legislation does not take the fluency off — it’s still required for the candidates of the Navajo Nation president and vice president,” said Simpson. “This whole legislation is to protect the voting rights of our Navajo people and to let them decide who’s going to be their leader.”

The legislation passed following five hours of discussion. Speaker Pro Tem LoRenzo Bates cast the deciding vote in support of the legislation, citing fundamental law and the people’s right to choose their leaders.

The resolution was then sent to the Office of the President to be ratified. Even though rumors spread that the President Shelly would sign the bill, in the televised Oct. 28 announcement where he spoke mostly in Navajo, he vetoed the legislation, saying in his translated statement published from his office, “The decision to amend the language requirements in the Navajo Nation Election Code must be brought before the Navajo people through a referendum vote. This decision is far too important and it is one the people need to decide on.

“We are a nation of laws. I took an oath to uphold the law,” he added.

“Diné bizaad [Navajo Language] is sacred. Navajo leaders should have both language and cultural fluency in order to be qualified. Every society has an obligation to hold onto their traditions,” said Shelly. “The Navajo Nation Supreme Court ordered the 2014 ballots to be reprinted and the election unavoidably rescheduled to ensure a valid election. I therefore exercise my veto authority.”

The day before the presidential veto, the Supreme Court delivered contempt of court orders to the Navajo Board of Election Supervisors and the Director of the Navajo Election Commission.

The motion, filed by Tsosie and Whitethorne lawyers, stated that the contempt charges come after the high court’s Writ of Mandamus was allegedly ignored, that, “Respondents have refused to comply…The election is still scheduled for November 4, 2014 and Deschene is still on the ballot.”

“Deschene’s disqualification order has been deemed ‘final and enforceable’ by this Court, and it must be obeyed by all,” the motion stated. “Respondents’ failure to follow the order of this Court is contempt.”

The filing also asked for all members of the board of election supervisors and Edison Wauneka, executive director for the Navajo Election Administration, to be present for the hearing to explain to the high court their reasons for defying the court order.

The court hearing convened Oct. 31 in Chinle, Ariz. After listening to the show cause, motion and response, presiding Chief Justice Herb Yazzie said, “We find that the government [NBOES] did not show why they should not be held in contempt, offering nothing that would demonstrate that they made an effort to comply with the court order [Oct. 23 Writ of Mandamus]. In fact, in the last sentence in the government response [they say] ‘the motion should be denied, this case dismissed and the general election should be allowed to continue on Nov. 4 with an unaltered ballot so the people may exercise their fundamental right to chose their own leaders.’ That [was] said in the face of a motion for contempt. The government refuses to comply with the court order.

“We find, therefore, that the Navajo Board of Elections Supervisors is in contempt. The board knowingly and willfully failed to address and neglected to perform its duties under the election code.”

However, Yazzie continued in his statement to clarify court concerns over the lack of legal responsibilities exercised by the legislative legal advisors. “Now we have a troubling aspect,” he said. “The government lawyers, office of legislative council, department of justice, the attorney general’s office did not do the analysis that would be required to determine whether people were going to comply with explicit law and explicit court orders. What we heard is the government lawyers sat back and maybe even condoned illegal action by their clients and that’s what’s really troubling in this case.

“There is a set system in this government for changing the law if you don’t agree. We will ask for an explanation outside this court of the government lawyers’ inaction for condoning this situation because we have rules and responsibilities that have to be looked at. The concept of being a trustee – that will be done outside this court proceeding.

“The Navajo Nation lawyers didn’t do an analysis and did not make a determination whether the board or Mr. Wauneka was acting outside the scope of their authority when they set on the course that they did. .”

Yazzie explained to the NBOES and director Wauneka that the law allows the court to incarcerate them on this misdemeanor, but the court will not turn them [the board] into martyrs and send them to jail.

Instead, Wauneka was asked directly if he will follow the court orders, print new ballots with Deschene’s name removed and with a new candidate, and postpone the presidential election. “Will you do that?”

“Yes,” replied Wauneka. As a result Yazzie declined to hold Wauneka in contempt.

Still in limbo

Some balance in the chaotic legal battles was offered during a phone interview with Diné grassroots activist Norman Patrick Brown. “We have got to carefully examine what created this problem. We must look at the source, the defiance all the way through, personal attacks and divisiveness,” he said.

Brown praised the compassion and patience Yazzie displayed in the Supreme Court hearing. That shows relationship, not punishment, as is used in Western law, he said. “Yes, there are existing laws within the government structure. That’s all we have. That’s all that has evolved today. But we can’t do it by only western government. These are Diné issues that can only be resolved by Diné solutions, the foundation of K’, our Diné respect of other points of view, uniting our people not dividing; growing relationship not severing. It is a good time of movement for change. It is healthy.”

The Navajo general election for other offices continued in all polling places on Nov. 4. Votes cast for all other offices were counted, but no votes for either presidential candidate were counted, despite Deschene’s name appearing on the ballots.

Shiprock Council Delegate Russell Begaye, third-place finisher in the August primary, has reportedly agreed to run against Joe Shirley for Navajo Nation President. The election was said to be set Dec. 23, but this could not be confirmed at press time.

Published in November 2014 Tagged

Company sues county over permit requirements

Carbon-dioxide giant Kinder Morgan is suing Montezuma County over what it alleges are illegal and unreasonable requirements in regard to its booming development northwest of Cortez.

The Texas-based company, which is currently spending hundreds of millions of dollars to expand its production facilities in Montezuma County, filed a lawsuit in District Court on Oct. 20 accusing the county commissioners of placing illegal hurdles in the way of a proposed electric-transmission line needed for development in what is known as the Cow Canyon area, near Pleasant View.

In addition to numerous drilling and collection sites and pipelines connecting them, the project will involve stringing about 10 miles of electrical lines to hook the various facilities together, and these power lines will run through many property owners’ fields and alongside county roads.

Following a public hearing in September, the county commission approved the high-impact and special-use permits required for Kinder Morgan to proceed with the project, but included a condition that agreements with all the affected landowners must be obtained before the project could proceed.

Several of those landowners spoke at the Sept. 22 hearing in opposition to the power lines being strung above ground through their fields, citing both visual blight and the poles’ interference with irrigation, plowing and harvesting operations.

Despite a Kinder Morgan engineer’s assertion that the route had been designed to be the “least impactful route for the transmission lines,” the commissioners expressed grave reservations about the plan and joined in the farmers’ concerns.

Commissioner Larry Don Suckla said it “weighs heavy on my mind” that few of the surface-use agreements had been signed and Chairman Keenan Ertel concurred, stating the agreements must be completed to “the satisfaction of the landowners” as a condition of the permit to begin the massive expansion. The commissioners also considered requiring that the lines be buried along the 10- mile stretch, but ultimately voted 3-0 to allow the permits, with a condition that agreements be reached with all 21 affected landowners before the project could proceed.

It is this issue that is being contested by Kinder Morgan, which argues that the county commission acted beyond the scope of its authority in demanding a condition that is specifically not required under the federal leases the company holds. The company bases its assertion on past rulings by various courts as well as the Colorado Oil and Gas Conservation Commission and the federal Bureau of Land Management.

Commonly, private landowners do not own the rights to whatever mineral resources may lie underneath the land, and the right to develop and extract those resources is obtained through the purchases of leases from the federal government.

“With respect to rights of access generally, Colorado and other courts frequently have reiterated the principle that a lessee has the right to use the surface of the lands covered by its leases to the extent reasonably necessary to explore for, drill for and produce the minerals beneath the surface,” the complaint argues.

Furthermore, Kinder Morgan holds, the company is “only obligated to make a good-faith attempt to reach an accommodation with the surface owners to the extent possible and consistent with its right to develop the minerals,” and has done so by contacting and sending letters proposing agreements to all the landowners.

The lawsuit states the company is not required (emphasis added) to obtain agreements with all individual surface owners as a condition of obtaining a permit from the county, noting there is nothing in the county’s land-use code to this effect either.

At the time of the Sept. 22 hearing, Kinder Morgan representatives said they had obtained no agreements with landowners, but stated in the lawsuit they have since obtained eight agreements.

In its complaint and request for a judicial review and a declaratory judgment from the 22nd Judicial District, company attorneys argue this “condition [of obtaining all landowner agreements] imposed by the board disregards Kinder Morgan’s vested property rights, exceeds the [county commission’s] jurisdiction and constitutes an abuse of discretion.”

“Kinder Morgan acknowledges,” the complaint states, “it has a good faith obligation to endeavor to reach accommodations regarding logistics with surface owners, but under Colorado law and the Unit Agreement for the McElmo Dome Unit, Kinder Morgan has a legal right of reasonable access to and use of the surface estate for purposes of development of the mineral estate, regardless of whether the current surface owner ultimately consents.”

In correspondence with John Baxter, the commission’s attorney, Kinder Morgan counsel Jessica Toll also asserted the company doesn’t need the landowner agreements to move forward:

“It is important to note that the leases, the unit agreement and the law provide the right to proceed with or without an SUA [surfaceuse agreement] in place. Accordingly, while obtaining an SUA may be a best practice, it is not required and KM has the right to construct the project without SUAs.”

No court hearing date has been set and the county had 21 days after notice of the action to respond.

Published in November 2014 Tagged

Strained relations

Is Kinder Morgan a good neighbor? Locals say yes — and no

First of a two-part series
Part 2: Friends and foes

KINDER MORGAN FACILITY

Construction has been continuing at a rapid pace on Kinder Morgan facilities in the Cow Canyon area. The carbon-dioxide company is planning to spend $344 million on development to increase production of CO2 by 200 million cubic feet per day to meet the growing demand for the gas, which is used to force more oil out of wells. Photo by David Long.

During a break in the September meeting of the Montezuma County Planning and Zoning Commission, Phil Kennedy, a local representative of Kinder Morgan, approached board member Gala Pock, who had just provided the sole “no” vote on a permit application by the carbon-dioxide company. He held out his hand.

“Go to hell,” she told him.

Her off-the-cuff remark got her kicked off P&Z, but it was a sign of the sometimes strained relations between Kinder Morgan – the third-largest energy company in North America – and the residents of Montezuma and Dolores counties who occupy the land around and above the vast underground reserves of CO2 that KM siphons.

“They were putting in a pipeline,” Pock explained about the Sept. 25 P&Z meeting. “We had heard they were putting in electric lines and the citizens were upset, and now they’re doing a pipeline along the same route, but they’re hitting as many or more landowners, and those people are upset. I’m upset because this is impacting me now. There are three or four road cuts I will have to negotiate just to come and go from my house.

“We have been asking about this pipeline since they started, and they kept saying, ‘We’ll do that later.’

“I voted no to the pipeline. Everybody else said yes. We needed a break. I stood up. Phil Kennedy came up to me with his hand out and never said a word. I was in no mood to shake hands. I didn’t want to say anything positive because at that point I wasn’t feeling real positive. My old mouth spoke before the brain kicked in.

“He blew up. He turned and said loudly, ‘What a thing to say, and I’m a preacher! I’ll pray for your soul.’ I turned and got some more coffee. Then all the Kinder Morgan people were gone and the planning people were just standing there. Nobody said anything.”

Following an executive session on Sept. 29, the county commissioners voted to remove Pock from P&Z. Pock was not present. She had been on the planning board for three years and had a year to go, but she was philosophical about her dismissal.

“I knew I wasn’t going to get reappointed anyway,” she said. “I’m a big girl and I can take it. I’m just embarrassed I wasn’t able to control myself better.”

KINDER MORGAN WARNING SIGNS

Signs such as these near Kinder Morgan drilling sites have caused concerns among neighbors, but company spokespersons emphasize there is no danger to nearby residents.

She will continue to go to meetings, she said, because she remains concerned about all the development taking place in the area where she lives.

“There’s an awful lot going on out here,” she said. “They’re impacting an awful lot of people. Kinder Morgan is not this warm fuzzy company they want everybody to think they are.”

Biggest taxpayer

KM’s application for high-impact permit and special-use permits for the pipeline, which is to connect an existing compressor station and two other facilities, went to the county commissioners with P&Z’s positive recommendation, and the commissioners gave their approval on Oct. 20.

Permit applications from Kinder Morgan have been coming at the county fast and thick for the past year or more. Eleven separate applications were on the county commissioners’ agenda in September and October alone, with two more slated to be heard at their Nov. 3 meeting.

And there are plenty more in the works. Although the county planning department could not provide an exact count of the number of applications KM has submitted in 2014, it was dozens and dozens for individual well pads, separate stretches of pipeline, electric transmission lines, buildings such as compressor stations, and more.

Most of the applications have been for development in the Pleasant View/Cow Canyon areas northwest of Cortez.

The importance of Kinder Morgan to the area economy would be difficult to overstate. For decades, KM (the locally operating company, Kinder Morgan CO2, is a subsidiary of a larger company in the KM group) has been the largest taxpayer in both Montezuma and Dolores counties, contributing 40 to 50 percent of the counties’ property taxes.

In 2013 KM paid $20 million to the two counties’ taxing authorities, according to company officials. It has about 60 employees based in its Cortez office, with a direct payroll of $7.3 million.

In a press release last spring, Kinder Morgan announced that it would be spending approximately $344 million to develop in the Cow Canyon area.

Plans include ongoing 3-D seismic work to test for underground carbon dioxide, 16 new wells, activation of one production well and one produced-water [wastewater] disposal well, water-separation facilities, a central compressor station, and associated gathering and produced-water disposal pipelines, according to the release.

In addition, KM will spend about $327 million to expand its Cortez Pipeline from Cortez to Texas, adding a 64-mile loop in New Mexico and three new pump stations along the line to handle the increased supply from Colorado and a field in Arizona. One pump station will be along County Road BB, to feed production in the Cow Canyon and Hovenweep areas. KM owns a 50 percent interest in the pipeline.

World’s largest

Despite the press release, one of the biggest complaints many local landowners have about all the development is that the piecemeal nature of applications to the county makes it difficult to grasp the scope of the company’s overall plans.

To address such concerns, Val Brock, Kinder Morgan’s vice president for CO2 source and transportation issues, traveled from the company’s headquarters in Houston to give a presentation to the county commissioners on Oct. 27.

“We have increased our activity, as you all have seen over the last year or so,” he told the board and a packed room.

He explained that the need for CO2 is driven by the demand for oil, since CO2 is pumped into partially depleted oil wells, acting as a solvent that helps bring up more of the precious fossil fuel.

“We are supply-short,” Brock said. “There is greater demand for CO2 for enhanced recovery than the industry is able to supply.”

Montezuma County is home to the McElmo Dome, a formation of sedimentary rock that is “the largest accumulation of naturally occurring CO2 in the world,” Brock said. The CO2 in the 200,000-acre area, which stretches into Dolores County, is primarily owned by Kinder Morgan and ExxonMobil, according to KM’s web site, and contains more than 60 wells. The CO2 they produce is piped to the Permian Basin in west Texas.

CO2 production has gone on in the McElmo Dome for 30 years, and for the last 15, KM has been the operator, having purchased the previous company, Shell Western E&P.

KM also operates in three other fields – Doe Canyon in Dolores County, the Bravo Dome in northeastern New Mexico, and the St. Johns Dome in Arizona. The Doe Canyon unit, at 50,000 acres, is “smaller [than McElmo] but significant,” Brock said, and has been in production since 2008.

He said production in the McElmo Dome is at a plateau, at around 1.3 billion cubic feet per day, but KM hopes to increase that by 200 million cf/day from the Cow Canyon site. The company anticipates that 100 million cf/day will come online by July 2015, with the remaining 100 million cf/d expected by the end of 2015.

Profit before people?

PLEASANT VIEW YARD SIGN

One landowner in the Pleasant View area voiced unhappiness with Kinder Morgan by posting a sign in the front yard. Photo by Gail Binkly.

It’s this “additional development” that is causing headaches for some local citizens. While the majority of the McElmo Dome and Doe Canyon lies on federal land, much of that acreage has already been plumbed for its CO2, or is located in rugged canyons.

About a year ago, KM conducted seismic testing for CO2 in the Cow Canyon area and was encouraged by the results, so it is hastening to construct the facilities and infrastructure needed to bring the site to fruition.

But Cow Canyon is a largely agricultural region that – until recently – was characterized by peace and tranquility. The area is mostly in private hands – a case of “split estate” where the surface owner doesn’t own the minerals under the land. By law, the mineral-rights owner must have the ability to get at those resources, a situation that can lead to conflicts.

Jimbo Buickerood of the nonprofit, Durango-based San Juan Citizens Alliance, told the Free Press he and two other alliance members talked with KM representatives about a month ago.

“We expressed concerns, especially having to do with the reality of them moving off public to private lands,” he said. “They want to go across private lands with their infrastructure because the permitting process is faster and easier [than on federal lands].

“We said, ‘We understand you’re a profitmaking corporation, but is it going to be profit before people or profit along with people?’, because we need to know that they’re going to respect private-property rights along with health and safety while they’re making massive profits.

“What we’ve seen so far hasn’t been so great.” Buickerood said at times “there were definitely health issues that they weren’t ahead of. They had to wait until the complaints came in.”

Gas attacks?

One of those health concerns came to a head in June of this year, when a family in the vicinity of the Cow Canyon development fled their home and were put up in Cortez at KM’s expense because of odors associated with the venting of gases from a nearby exploratory CO2 well. Another family close to the well stayed put, but had an air-quality monitor installed by KM. (See “Gas-venting causes worries but no danger” in the July 2014 Free Press and “Too close for comfort?” in the August 2014 issue.)

The company said no one was endangered by the gas-venting and the odor was likely caused by naturally occurring mercaptans, organic sulfur-containing compounds associated with underground carbon dioxide. CO2 itself can be deadly at very high levels because it drives out the lighter air, but a KM spokesperson said in this instance the concentration was not nearly that high.

Buickerood said he went to the area shortly after the families complained. “I was out in the road downwind and I could smell that site,” he said.

During the discussion with the citizens alliance, Kinder Morgan “went to extensive lengths to explain all their new monitoring for private-lands drilling, how they’re going to contact the neighbors, and it all sounds great and very complete,” Buickerood said. “My comment is, will they follow through with all those articles? That’s the question at hand.”

At the Oct. 23 P&Z meeting, Pock – present as an interested citizen – said the gasventing concerns show that Kinder Morgan’s claims on its applications that odors will not be perceptible beyond property boundaries are untrue.

“There have to be CO2 releases in order to bring a well on-line and these releases can contain all kinds of gases,” she said a KM employee had told her.

A few years ago, she said, when KM was refurbishing an old well, enough natural gas was released that workers asked a nearby farmer to leave the area with his tractor because of the danger of an explosion.

Pock told P&Z about a flag that the company placed near a drilling site in the vicinity of County Road 8 that indicates whether conditions could produce toxic gases such as hydrogen sulfide. When the flag is green, conditions are good; an orange or red flag indicates problems.

In fact, she told the Free Press, the flag was red for more than a week this summer. “One time, they had a roadblock stopping traffic going west, but not east, and they put that red flag up. One of my neighbors was stopped there about 15 minutes and said you could smell something in the air.

“The red flag stayed up for 10 days. I finally called their drilling supervisor and he said the guys must have forgotten to take it down. The next day it was green, but the day after it was orange and it was for about a week.”

“So,” she told P&Z on Oct. 23, “the notations on their permit [that odors won’t cross boundary lines] are patently incorrect.”

Mitigation measures

As unnerving as such incidents can be, there seem to be no cases where neighbors were actually harmed by drilling and associated releases of gas.

Getting answers from Kinder Morgan involves a circuitous process. Calls from the Free Press to personnel at the Cortez office were returned by spokesperson Sara Loeffelholz in Houston, who requested that questions be emailed to her. She sent a reply the next day.

Asked about the red flags, she emailed: “There are certain non-objective geological formations above the McElmo Dome unit interval that contain small amounts of hydrogen sulfide. All of our well drilling programs are designed to isolate these intervals behind steel casing and cement prior to drilling into and completing the unit zone. During the drilling process, procedures are in place to ensure safety. The red flags are a precautionary, visual reminder for all personnel that enter the location to fully understand and comply with these procedures.”

Buickerood said the alliance representatives asked specifically about hydrogen sulfide and received assurances that “the likelihood is like zero to nothing of it being in their wells.”

He said he was told there might be some as the drill goes through some formations on the way down to the CO2, “but they’re going through and encasing those fairly quickly, and once they’re into the limestone down deep, there’s none whatsoever.

“When they get to their target formation and they’re venting to check, there shouldn’t be any H2S,” he said.

KM’s Kennedy told P&Z on Oct. 23 that some CO2 is released in the process of testing a well, but that Kinder Morgan realized it had “made some errors in the past” and had worked with state regulators to develop a mitigation plan for future testing. Under the plan, he said, CO2 is to be in a vaporized rather than a heavy state and the perimeter of the well will be monitored. Furthermore, all neighbors within a certain radius of exposure will be notified of testing and offered alternative sites where they can stay if they wish. If they don’t leave, KM will assign someone to do monitoring, he said.

And if monitoring shows that levels are too high, the venting will stop until it can be mitigated, Kennedy said.

Loss of ag land

However, concerns aren’t limited to health. All the construction has meant an enormous increase in traffic, with giant trucks rumbling over narrow gravel roads every couple of minutes in places and “backup beeps” audible from as far as a mile away.

Some of those disruptions to the bucolic atmosphere have been discussed at meetings of P&Z and of the county commission. On Oct. 23, for instance, citizens aired a number of objections concerning applications that were being reviewed for three CO2 wells along County Road BB.

Karl Looff, owner of property where one well is to be drilled, said he had never been notified of the P&Z meeting. He complained that although he and an adjoining landowner who owns part of the well site had not yet reached surface agreements with Kinder Morgan, “everything is proceeding as if this is a done deal.”

He said, as a geologist, he believes Kinder Morgan’s process for reclaiming sites as outlined in its agreements is “very valid,” but he worried that 20 or 30 years from now, “their agreement to restore [the site] has about as much substance as smoke.” He said the company could be sold or could declare bankruptcy, and sites could be left unreclaimed, meaning the landowner would ultimately bear responsibility for cleanup. Some depleted oil fields are full of abandoned wells and equipment, he said.

“Take the long-term view on what it’s going to do to the people out there,” Looff urged.

Ken Curtis, an engineer with the Dolores Water Conservancy District, presented a letter and spoke about the district’s concerns. “We’re still trying to catch up on some of these impacts,” he said.

One of the district’s issues, he said, is loss of irrigated acreage through KM’s purchase of one 580-acre agricultural parcel with Dolores Project water rights, as well as the smaller amounts of irrigable acres that will be whittled out of farms for wells, pump stations, and so on. Also, Curtis said, the district is concerned that KM pipelines have been planned and construction is going on that will cross DWCD water lines and canals, but KM had not yet contacted the district about that, he said.

“Kinder Morgan has not sought nor received any authorization to cross DP [Dolores Project] facilities for any of these applications,” Curtis wrote in the Oct. 23 letter, referring to the three wells plus a pipeline and a pump station also under review.

Curtis wrote that KM’s “current applications follow and precede many other requests, the full impacts of which remain unknown to DWCD, local land owners and the community at large.”

He said the district would like Kinder Morgan to “disclose the full plan of development for the Cow Canyon project in conjunction with the completion of an Independent Impact Analysis for release to the local community.”

Curtis told P&Z, “We’re just seeing impacts all over the system and we’re trying to get a handle on them.”

‘Getting hammered’

Pock complained to P&Z about “humongous trucks” being parked on county roads or sometimes driving people off the road, and about the noise they create.

“Bessie White’s getting hammered with jake brakes,” she said, referring to one longtime farmer. “Some of the trucks going east stopped using their jake brakes and I appreciate that, but the ones going south on Road 9 still are. I talked to Bessie yesterday and she said 40 or 50 pickups go west in the morning and east in the evening by her house, in addition to the 200 loads of gravel for the well pad, plus more for the road. Bessie is just getting hammered. It’s like a highway by her house.”

Jo Shane, another area resident, echoed concerns that the planning “has been piecemeal” for the giant project. “People were not collectively told but had to learn from their neighbors,” she said.

A group of the residents had a meeting recently, she said, and learned that they’d been offered differing sums of money to have well pads on their property. Some were pressured by being told they had five days to sign an agreement, Shane said.

“Kinder Morgan says they want to be a good neighbor, but their actions are not showing this,” she said.

Bob Clayton, a member of P&Z and a long-time Kinder Morgan employee who only recently stopped working for the company, spoke up to answer some of the concerns at the Oct. 23 meeting.

He said Kinder Morgan did hold a community meeting in Cahone in Dolores County, prior to launching the latest project, and “hundreds of invitations were sent out.” He said the Cahone Community Center was packed.

“I do find fault with Kinder Morgan for not continuing with public relations and having more meetings,” he said.

In response to Looff ’s concerns about restoration of sites, Clayton said KM carries reclamation bonds. However, Looff retorted that in his experience, after 20 years the bonds are gone and cleanup may fall back on the landowner. Clayton said he believes the laws are stricter in Colorado than in Texas.

Jamie Conway, a production manager for KM and a recent arrival in Cortez, said people’s concerns our valid. “It’s our obligation to make sure [citizens] are educated and understand what we’re doing in McElmo,” he said.

He said the noise from the jake brakes is “unacceptable.”

“Our intent here is not to make everyone as angry as we possibly can. . . I don’t enjoy sitting here [in the front of the meeting room] feeling like I have eyes at the back of my neck. We will make sure this is addressed and taken care of.”

Conway said there had been a big turnover in the company and “we’re attempting to rebuild the trust. “I’m sorry that our operations have made everyone feel the way they do in Cow Canyon.”

He promised Curtis that KM would work on better communications with the Dolores Water Conservancy District, and Curtis seemed encouraged.

Powering up

Concerns about the loss of ag land remain, however. The idea of a chunk of land being purchased by Kinder Morgan in the heart of a farming community has raised some eyebrows.

Asked about KM’s purchase of the 580- acre parcel, Loeffelholz emailed, “Pending regulatory approvals, and outcome of the discussions with TriState, Kinder Morgan is evaluating various sites on this property for the possible location of a power generation facility.”

So far, the CO2 giant has been unable to reach an agreement with the local electric cooperative, Empire Electric, and its supplier, Tri-State Generation and Transmission, for them to provide power to the Cow Canyon facilities at a rate that Kinder Morgan finds reasonable.

“Kinder Morgan CO2 expects its electrical power requirements in southwestern Colorado to quadruple over the next ten years, and we are currently involved in discussions with TriState regarding the need for a long-term power supply contract to affordably meet these needs,” Loeffelholz said in her email. “We expect to make a decision in 2015 whether to build a power facility to meet all or part of these electrical power requirements, or to reach an agreement with TriState and Empire.”

Whether KM builds the facility or not, it will need electric-transmission lines, and a proposal to build 10 miles of such lines has raised hackles.

At August’s P&Z meeting, planners had a far-ranging discussion that started with comments about the power-line proposal.

Area resident Sue Dusenberry voiced dismay about having the power lines in her view and begged the planners to make KM put the line underground, something the economy says is not economically feasible.

Pock said some landowners had given permission for power lines to cross their land on the mistaken impression that this would provide an opportunity for people who still don’t have power to hook up to the grid.

In fact, KM’s Phil Kennedy said at that meeting, the company is not licensed under the Public Utilities Commission to distribute power in that manner, so it would not have the option of letting landowners hook up.

Several other landowners also asked for the lines to be placed underground, but ultimately the proposal was sent on to the county commissioners, who approved it but placed a condition on it that prompted Kinder Morgan to sue the county.

But some of the P&Z board members defended Kinder Morgan and its relations with the area.

“Kinder Morgan is a great neighbor,” said Mike Gaddy. “They take real good care of us and we sure don’t want to take what they contribute out of the economy.”

Chair Dennis Atwater said he had four wells drilled on his property, but after construction, the wells were quiet.

“It does get better,” he said.

Clayton, the former KM employee, agreed. “There’s hundreds and hundreds of people being employed and that’s what this country needs and it’s happening right here in our own back yard.”

“It sure is!” piped up Pock with a wry smile.

In the second part of the series next month, the Free Press will examine relations between Kinder Morgan and Montezuma County, legal issues, and more concerns expressed by neighbors.

Published in November 2014 Tagged

County fires landfill manager

By Gail Binkly

and David Long

Saying they want to move in another direction, the Montezuma County commissioners fired their long-time landfill manager, Deb Barton, on Monday.

The decision came following a discussion with Barton over issues such as fees, the merits of baling vs. compacting, and the landfill budget. The commissioners had listed the discussion on the agenda as an executive session, but Barton opted to have the session open to the public – an employee’s prerogative under Colorado law.

“I have always believed in transparency,” she said.

Commissioner Larry Don Suckla made the motion to remove Barton, effective in 45 days. The vote was unanimous.

However, on Oct. 30, Barton told the Free Press she had been informed by Commissioner Keenan Ertel that she was to leave on Oct. 31, not in 45 days.

Barton had been landfill manager for 14 years. A member of the Rocky Mountain Chapter of the Solid Waste Association of North America board of directors since 2002, she was named the outstanding SWANA member for Colorado in 2005.

Suckla and Barton had had a heated exchange over the landfill at the Oct. 20 commission meeting. On Monday, Barton apologized, saying she had lost her temper.

But Suckla said he continued to have a number of concerns about the way the landfill has been operated, in particular the fees that are charged. He said he’d spoken with a county commissioner from one of the counties served by the multi-jurisdictional landfill in the San Luis Valley, and that commissioner said their rates were about half those charged at the Montezuma County facility and they “have $4 million in the bank.”

“The landfill is a service to the constituents of the county,” Suckla said. “Every year, [our] landfill fees go up – I wonder why.”

The landfill is an enterprise business, meaning it does not rely on taxpayer subsidies, and has a million-dollar annual budget.

Barton said the San Luis Valley facility has to have $4 million set aside as surety in case the facility should go bankrupt. Because it is multi-jurisdictional, it can’t use a county as its surety, but the local landfill can.

Barton said Montezuma County Landfill fee hikes are necessary to keep pace with cost-of-living increases for items such as fuel, personnel, electricity, and engineering costs. In addition, she said, the county is required to have liners for its cells because of its nearness to water wells. The landfill is operating in the black, with $387,000 in its account, she said.

Suckla asked how she had determined the fees for electronic-waste disposal, and Barton said they were based on the fees the landfill pays to Natural Evolution, a vendor in Oklahoma that accepts the e-waste, plus staff time and the costs of packaging and shipping the material. Natural Evolution is one of 16 U.S. companies that is e-Steward, R2, and IS14001-certified, meaning there will be no practices such as the use of sweatshops or child labor in the supply chain and that the facility meets health and safety standards.

“I don’t think you guys want to be on ‘60 Minutes,’ because I don’t,” she said. Such shows have done exposés on how e-waste is sometimes taken to Third World countries and recycled under extremely dangerous conditions for workers, often children.

Suckla said a local man has said he could take the e-waste more cheaply. Barton said she’d asked that individual to provide proof of his third-party audit and he failed to do so, because his downstream vendors did not provide him proof that they met standards.

Suckla said local fees are so high, they discourage people from disposing of waste properly. “I believe the fees have a direct impact on the way our county look – how much stuff people in the county are willing to bring to the landfill, and how much they will leave out there sitting like blight.”

He said a local man told him he had a large TV he wanted to dispose of and was told it would cost $57, which he considered exorbitant. “This guy says he will take a backhoe and take care of it in his pasture,” Suckla said.

 

Barton said the landfill charges $1 per diagonal inch for a TV, the same rate as the Durango landfill.

Barton said the county landfill offers services that some other facilities do not, such as recycling and composting, including with biowastes; collecting e-waste two days a year; setting metals aside for collection; refrigerator collection in conjunction with Empire Electric; and providing education and outreach. Those services are done at the request of the community, she said.

Suckla also voiced concern about what he said was Barton’s reluctance to move toward compacting – which some people see as more efficient – rather than baling. He said the commissioners have asked her for the past year to look into compaction “and you have always thrown up a roadblock.”

Barton said she had a person coming to the landfill the next morning to talk about the costs of buying or leasing a compactor.

The commissioners also questioned Barton about some of the figures in her budget, including the amount she had estimated for fuel costs, which was based on a price of $6 a gallon for diesel. The board said they’d never seen diesel costs that high. Barton said the figure was just an estimate and any funds that weren’t spent would remain in the landfill account at any rate.

Suckla also said he had received complaints that Barton was sometimes rude to people and Commissioner Steve Chappell agreed, saying, “We often get reports of short temper and abruptness at the landfill.”

Barton said this was the first she’d heard of this and that she was rarely at the window at the landfill. She said if there were complaints, she should have been told sooner, and asked whether it would not have been fairer to provide her a performance evaluation so that she could make improvements.

County Administrator Melissa Brunner said the county doesn’t yet have performance evaluations.

Suckla said Barton had been told a year earlier of a complaint and had said she would change but did not.

He said the county needs “a cheerful face” at the landfill.

After the vote, Barton said, “It has been a privilege to serve the county and I thought I had done the best I could.”

Barton is the latest in a growing number of high-ranking employees who have left under the current commission, including the county attorney (who’d been with the county 26 years) and road supervisor (six years), who were terminated; and the county administrator (seven years) and planning director (eight years), who resigned abruptly.

Published in October 2014

Kinder Morgan sues county over requirement

By David Long

Carbon-dioxide giant Kinder Morgan is suing Montezuma County over what it alleges are illegal and unreasonable requirements in regard to its booming development northwest of Cortez.

The Texas-based company, which is currently spending billions of dollars to expand its production facilities in Montezuma County, filed a lawsuit in District Court on Oct. 20 accusing the board of county commissioners of placing illegal hurdles in the way of a proposed electric-transmission line needed for development in what is known as the Cow Canyon area, near Pleasant View.

In addition to numerous drilling and collection sites and pipelines connecting them, the project will involve constructing about 10 miles of electrical lines to hook the various facilities together, and these power lines will run through many property owners’ fields and alongside county roads.

Following a public hearing in September, the county commission approved the high-impact and special-use permits required for Kinder Morgan to proceed with the project, but included a condition that agreements with all the affected landowners must be obtained before the project could proceed.

Several of those landowners spoke at the Sept. 22 hearing in opposition to the power lines being strung above ground through their fields, citing both visual blight and the poles’ interference with irrigation, plowing and harvesting operations.

Despite a Kinder Morgan engineer’s assertion that the route had been designed to be the “least impactful route for the transmission lines,” the commissioners expressed grave reservations about the plan and joined in the farmers’ concerns.

Commissioner Larry Don Suckla said it “weighs heavy on my mind” that few of the surface-use agreements had been signed and Chairman Keenan Ertel concurred, stating the agreements must be completed to “the satisfaction of the landowners” as a condition of the permit to begin the massive expansion.

The commissioners also considered requiring that the lines be buried along the 10-mile stretch, but ultimately voted 3-0 to allow the permits, with a condition that agreements be reached with all 21 affected landowners before the project could proceed.

It is this issue that is being contested by Kinder Morgan, which argues that the county commission acted beyond the scope of its authority in demanding a condition that is specifically not required under the federal leases the company holds. The company bases its assertion on past rulings by various courts as well as the Colorado Oil and Gas Conservation Commission and the federal Bureau of Land Management.

Commonly, private landowners do not own the rights to whatever mineral resources may lie underneath the land, and the right to develop and extract those resources is obtained through the purchases of leases from the federal government.

“With respect to rights of access generally, Colorado and other courts frequently have reiterated the principle that a lessee has the right to use the surface of the lands covered by its leases to the extent reasonably necessary to explore for, drill for and produce the minerals beneath the surface,” the complaint argues.

Furthermore, Kinder Morgan holds, the company is “only obligated to make a good-faith attempt to reach an accommodation with the surface owners to the extent possible and consistent with its right to develop the minerals,” and has done so by contacting and sending letters proposing agreements all the landowners. The lawsuit states the company is not required (emphasis added) to obtain agreements with all individual surface owners as a condition of obtaining a permit from the county, noting there is nothing in the county’s land-use code to this effect either.

At the time of the Sept. 22 hearing, Kinder Morgan representatives said they had obtained no agreements with landowners, but stated in the lawsuit they have since obtained eight agreements.

In its complaint and request for a judicial review and a declaratory judgment from the 22nd Judicial District, company attorneys argue this “condition [of obtaining all landowner agreements] imposed by the board disregards Kinder Morgan’s vested property rights, exceeds the [county commission’s] jurisdiction and constitutes an abuse of discretion.”

“Kinder Morgan acknowledges,” the complaint states, “it has a good faith obligation to endeavor to reach accommodations regarding logistics with surface owners, but under Colorado law and the Unit Agreement for the McElmo Dome Unit, Kinder Morgan has a legal right of reasonable access to and use of the surface estate for purposes of development of the mineral estate, regardless of whether the current surface owner ultimately consents.”

In correspondence with John Baxter, the commission’s attorney, Kinder Morgan counsel Jessica Toll also asserted the company doesn’t need the landowner agreements to move forward:

“It is important to note that the leases, the unit agreement and the law provide the right to proceed with or without an SUA [surface-use agreement] in place. Accordingly, while obtaining an SUA may be a best practice, it is not required and KM has the right to construct the project without SUAs.”

No court hearing date has been set and the county has 21 days after notice of the action to respond; however, a representative from Kinder Morgan’s corporate headquarters was scheduled to address the commissioners on Monday, Oct. 27, at 11:30 a.m. to talk about the Cow Canyon project in general.

 

Published in October 2014 Tagged

Why bother to vote?

Recently I received a call from a local Democratic Party worker that went something like this: “Hey, Pete, how’s it going? Haven’t seen you around this campaign, we could really use some help at the office, any chance we can count on you coming down to lend a hand?”

You see I’d been a slightly active Democrat, particularly the past decade, even attending the state assembly and convention thrice, twice as a delegate representing Hermosa, La Plata County, but this year nothing.

My friend was curious why the depression and lack of interest, what happened to me? Well, Obama happened, yet another crushing disappointment for those who believed in his campaign talk. The man made assurances, but seldom fought for them once in office.

Admittedly, I believe that had we the people – I’m talking about regular educated citizens who possess humanist and rationalist instincts – been busy putting pressure on the President, he’d have acted more valiantly.

After all, it’s the votes and vocal grassroots voters who put The Backbone into our representatives, but it seems we the people abandon our newly elected leaders as fast as our government abandons its peaceful commitments. Reminds me of the saying, “We get the government we deserve.”

Of course there’s also the Republican Party, our one-time “loyal opposition,” which has morphed into some malicious hulk possessed by the single-minded desire to wreck Democratic presidencies and to heck with our nation’s problems.

Think I’m exaggerating? For an introduction to the GOP’s disregard for our nation’s best interests you’ll find Robert Draper’s “Do Not Ask What Good We Do: Inside the U.S. House of Representatives” an interesting read.

Well, then… having written all this, why am I not marching down to the Democratic Office to lend a hand and some cash? My ‘out’ is I’m tremendously busy this year – but I do toss in some cash when I can and now I want to reach out to folks who share my love for liberty and being an American citizen and member of my community. Folks like me who have broken free of blind dedication to others’ interpretations of ancient “holy” books. Folks who believe in experiencing their lives on this wonderful home planet of ours. Folks who are so disgusted by our political process that voting seems a farce or worse.

I’d like those Americans to consider the real-world consequences of not adding their (your?) vote to the final count. I’m haunted by the 2000 election and all the jaded civil libertarians and rationalists and humanists and environmentalists and such enlightened citizens who chose not to vote. Or even more hideous, sacrificed their vote by giving it to that vainglorious has-been fool Ralph Nader.

I often wonder if those too busy to vote in 2000 ever ponder the direct consequences of their abandoning the Democratic Party? I say this because it was the “I won’t votes” that gave our government over to a tribe of faith-based self-interested zealots.

Where were the loud concerted demands of worried citizens telling the Supreme Court to “leave it be, allow the votes to be counted”? We turned away, too busy with our daily lives, abandoning the meek liberal to the ruthless right-wing bullies to work it out – and they certainly did.

The “I won’t votes” gave President Bush, Cheney and their Neoconservative mentality our government. Then these God-fearing people proceeded to display nothing but contempt for their national security advisors, reacting with equal dismissal towards all rational objections to their sophomoric Rambo war schemes. I won’t even get into their utter contempt towards our planet’s life-support system and scientific observations and our accumulating knowledge of all the irreparable harm that has been inflicted on the world, and indeed the course of history, since that fateful 2000 election, when so many good Americans were too good to vote.

Here we are 14 years later – has anyone learned anything? Have the Reaganomics masters-of-the-universe made the world a better place to live and raise our children? Have they learned anything from their mistakes? Do they even recognize any mistakes? How do you feel about your future?

The thing is, we live in America, a nation that still follows Democratic Principles, which include relatively open elections that install the representatives and law-makers who will govern us through the next years.

“Yea, sure,” you laugh, “the system is corrupt.” My response: “Cry me a river.” The fact remains, it’s the system that sets all the rules and exports our soldiers and treasure and weapons out into the world to multiply their miseries.

What I’m driving at is that no matter how disappointed or even disgusted I feel towards the Democratic Party, I’m a humanist and believe in the Scientific Enlightenment and personal freedom. I reject people who literally believe they understand God Almighty, the creator of time and life.

I mean, really, what are we to make of politicians who are so full of themselves they are convinced they’ve tapped into God Almighty’s Mind – it boggles my imagination.

What happened to good old-time religion, when faith was personal and between you and Jesus or the God of your choice? Back when your faith was reflected in how well you lived your life and handled its challenges.

The Democratic Party, no matter how weak, at least continues to represent the “intellectual enlightenment” which ushered in today’s rational understanding of our world. Democrats appreciate the scientific process and the need for us to listen to real experts, unlike the Republicans with their political and religious absolutism and their “litmus tests” for whom or what to pay attention to.

Tuesday, Nov. 4, Election Day, is coming up fast, another chance to participate. It is the one time your opinion can make a difference and the Democrats sure could use some extra help. Buddy, can you spare a vote?

Living near Durango, Colo., Peter Miesler maintains a blog dedicated to sharing scientific information and challenging climate-science contrarians at http://whatsupwiththatwatts.blogspot.com.


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Published in Peter Miesler

The high cost of low wages

“The owner, the employees, and the buying public are all one and the same, and unless an industry can so manage itself as to keep wages high and prices low it destroys itself, for otherwise it limits the number of its customers. One’s own employees ought to be one’s own best customers.” – Henry Ford

In 1914, Henry Ford decided to hike the hourly wage of his workers to $5 from about $2.34. Economists, newspaper reporters, and pundits all thought he was crazy. But his idea worked. His employees were happy, turnover was low, and more and more of them were able to buy cars and become part of the growing middle class that was making America stable and prosperous.

Now, I wonder: Where are the owners like Henry Ford? What has happened to this great Christian nation when we allow the 1 percent to garner all the profit, and reduce the 99 percent to poverty?

Our forefathers brought us out of the Great Depression, fought and won wars on two fronts, educated the returning veterans, and went on a building spree second to none to provide decent homes and automobiles for the masses.

We were the pride of the world. We contributed to those in need without a whimper. Our health care was decent and affordable. Wages were good, profits and investing were within reach of all. We respected our form of government as there was none better, and we were proud of it.

Now we have a government run by our real welfare recipients, who do nothing for the 99 percent but are in the pockets of the 1 percent. They spend most of their time raising money (why does it take $2 billion to get elected to a $150,000 job?). Then when they leave office they can become lobbyists looking out for the high doughners (yep, I’ve got that spelling right). Like dough they can be molded into any shape. We, the foolish 99 percent, nobly go vote for the lesser of two evils. This is no one’s fault but our own.

We look down on those who have to work two jobs at minimum wage without benefits to put food on the table. As I write this, fast-food employees are striking to get $15 an hour, as they can’t support a family on minimum wage. The ridiculous answer from fast food is that wages should grow in small increments. Well, where have these supposed increments been for the past years? Since 1978 the real value of the minimum wage has dropped by 25 percent.

Here are some more statistics. When you look at minimum wage as a percentage of a nation’s median wage, the United States is near the bottom, with 38 percent. Only the Czech Republic and Estonia are below us.

Meanwhile, the salaries and profits for the CEOs and corporate icons have increased by hundreds of percents over the decades. Instead of demeaning those trying to support their families, we should support them in demanding that those on the top provide a salary they can live on. No matter how smart a CEO is, he cannot run his corporation and pay dividends to investors without labor.

When this country was at its zenith, labor had a living wage. What was wrong with union-made and “Made in America”? Unions bargained for 40-hour work weeks, vacation time, safe working conditions. In the short history of this nation, the only time it was prosperous was when the middle class had good jobs with decent wages, paid their fair share of taxes, and owned local businesses both large and small.

Think you are getting a bargain when you shop at a big-box store that pays its workers slave wages? How long will it take for people to wake up to the fact that we taxpayers are subsidizing those greedy companies? The low-paid workers spend most of their meager earnings right back in the store – shades of the mining-company stores of the past. Then the taxpayers subsidize them through food stamps, health care, housing, and other benefits so they can have decent living conditions.

The corporate-owned mass media tells us that our corporations pay the highest tax rate of any nation. The truth is, after using all the loopholes provided by our tax code, their net cost in taxes is 12 percent – that is, if they haven’t established residence in some offshore mailbox so as to pay even lower taxes. We ordinary citizens do not have access to such loopholes.

But wait, you say, they create jobs. So do we the taxpayers – and good-paying ones, I might add. Who pays to build roads, bridges, military equipment? We the people and due to the Davis-Bacon Act the wages and benefits are decent.

As we found out in the last recession (brought to us by the corporations and banks that made money on a misguided war and the chicanery of the mortgage giants) many people were put out of their homes by crooked money lenders. Yet no one went to jail for all this fraud and mismanagement. If you or I committed fraud we would be getting a striped facial tan looking through the bars.

Oh, by the way, those fast-food purveyors of diabetes, heart disease, etc., make their employees pay for their food. Now one American fast-food corporation is buying the Tim Hortons doughnut corporation located in Canada and moving its headquarters there as the taxes are lower. Then they have the gall to say it was not for tax relief. What’s the matter? We can’t make good doughnuts here? Corporations do not care about God or country (but will use both to sell their product). If they did, they would pay a living wage and buy American.

We pretend we ended slavery in 1865. But letting people work for wages they can’t possibly live on, trapping them in poverty, is tantamount to tolerating slavery.

Galen Larson writes from Montezuma County, Colo.

Published in Galen Larson

Changes to the management of San Juan Public Lands

Published in September 2014

How building a street led to a historic recall election

Voters in Cortez will go to the polls May 3 to decide whether to oust five of seven members of the city council in response to claims that the council squandered public money and needlessly aided a private subdivision.

The recall question has sparked vociferous debate throughout the city.

Targeted for removal from office are councilors Matt Keefauver, Robert Rime, Betty Swank and Donna Foster, along with Mayor Dan Porter. Keefauver, Foster, and Porter are in their second terms, having been first elected in 2006 and re-elected in 2010.

However, just one person has stepped forward as a replacement candidate. Justin Dodson, an artist, is on the ballot to fill Porter’s shoes if the mayor is recalled.

“Some of the folks we tried to get to run. . . they are holding off to see if the election is successful,” explained Bud Garner, a member of the recall committee, in an interview on KSJD radio that aired April 20. Garner said if the council members are thrown out, those interested in replacing them will then seek to be appointed to the board.

“If you do a petition to be on the ballot you have to file all this ridiculous paperwork as a candidate and report all the income and expenses and all of those campaign finance laws, and they are a monster in and of themselves to try to comply with,” Garner said.

He said it is “easier and cheaper” to be appointed rather than elected, but it was not the recall committee’s preference. “That was their [the potential appointees’] view of how to do it. That is not the committee’s view. . . .The committee’s tried to get people to be on the ballot,” he said.

City Clerk Linda Smith said the requirements for getting onto the ballot as a replacement candidate were to collect 25 signatures from registered voters in the city and to fill out a form at three different times listing campaign contributions of $20 or more.

The other members of the recall committee are Jodie Henley, who is a member of the Cortez Sanitation District Board; Norma “Joyce” Turner; and Richard Biery.

Recall fervor

Recalls are the rage across the country. Time magazine reported in April that 57 mayors were targeted for recall in 2010, up from 23 in 2009, and another 15 have been put in the crosshairs in 2011. Just a quarter of last year’s recall attempts were successful, however. Time blamed the bad economy, the Tea Party movement, and the new power of social media for the surge in recalls.

In Cortez, the first recall attempt in city history was prompted by the council’s approval on Aug. 24, 2010, of the final plat of a small, four-lot subdivision known as Flaugh-Clark. The controversy over the subdivision stems from the fact that the city agreed to pay cash to the developers and make infrastructure improvements in order to acquire the right of way to build a street through their property.

The street, Tucker Lane, will connect the enormous Brandon’s Gate subdivision on the west of Flaugh-Clark with Highway 145 on the east.

Recall proponents call Tucker a “road to nowhere” because Brandon’s Gate is as yet not built out.

But city officials say Tucker Lane was on the city’s 1999 master street plan as a proposed throughway.

Other developers questioned the deal that was being given to developer Don Flaugh. At a public hearing on June 22, 2010, to approve the preliminary plat for Flaugh-Clark, developers Dave Waters and Don Etnier said they did not believe it was fair to make them compete with a developer who was being given so much financial help by the city. However, the council passed the preliminary plat that day on a 6-1 vote and approved the final plat on Aug. 24, 2010, by the same margin.

The lone dissenter, Tom Butler, is not targeted for recall, nor is councilor Bob Archibeque.

According to Garner, the reason the other five councilors were targeted is because they were on the council in May 2008, when the city entered into the contract with Flaugh. Two of those, Keefauver and Foster, voted against approving the contract, Garner said, but they did not do enough to stop it.

“They made no effort that we can determine to bring up the legal issues that were involved,” he said in the KSJD interview, adding that he believes the council in general is too easily led by city staff. “If the city lawyer or the city manager or city building inspector comes up and says, ‘Let’s do this,’ boom! vote on it, it’s done.”

Direct access

But both current City Manager Jay Harrington and former City Manager Hal Shepherd say the agreement with Flaugh, while perhaps too generous, was necessary and not without precedent.

The extension of Tucker Lane westward was needed to provide access to the huge Brandon’s Gate subdivision, they say.

There are other accesses to Brandon’s Gate, including an entrance at its north side onto County Road L and some exits to the south back into the city. But Tucker Lane provides a short, direct route onto Highway 145.

“The access to the south would have been through some very poorly designed streets from the ’50s,” Shepherd said. Shepherd was city manager until his retirement in September 2007. He was present when negotiations were begun with Flaugh but left before the agreement was finalized and has said he wouldn’t have recommended accepting the terms of that agreement.

“We saw the need for Tucker Lane. I certainly thought it was important for traffic circulation because of the poorly drawn streets on the south side. From Tucker you can get onto 145 and zoom right down to Highway 160. It just made sense to get that access for police and fire protection and better circulation.”

However, extending Tucker meant going through Flaugh’s subdivision, which at that time was an inholding not annexed into the city and lacking good street access. Just one of the four lots was developed.

Going around Flaugh’s property would not have been feasible because of conflicts with other properties, Shepherd said.

“I looked at that, but Tucker was the only interface that would work,” he said. “Farther north there are other housing problems and private property and it wouldn’t be as direct.” In addition, the elevation of an irrigation canal that has to be crossed is lower at Tucker, he said.

Harrington agreed. Trying to move the access north of the Flaugh property would have meant skimming very close to existing housing and devaluing that property, he said, and there were conflicts on all other routes. “If we had had a clean right of way to connect to, we would have used it,” he said.

So the city approached Flaugh to ask for a right of way, but it wasn’t negotiating from a strong position because it didn’t want to exercise the right of eminent domain, Shepherd said.

“The council didn’t want to condemn the right of way, I’m not sure why,” he said. “That was what condemnation was designed for – for roadways. I always thought it was questionable to use it for economic development as some cities do, but sometimes it’s necessary for a road.”

Meanwhile, John Stramel, one of the developers of Brandon’s Gate and one of the forces behind the recall, was pushing for the Tucker Lane access to be completed. “Stramel wanted it badly,” Shepherd said. “He called every week.”

The city eventually agreed to spend an estimated $325,000 to provide infrastructure for the Flaugh-Clark subdivision, including building Tucker Lane. Normally, developers pay for infrastructure themselves and then deed the rights of way to the city.

“Flaugh got water lines and a sewer line to the four lots, and a sum of money,” Shepherd said. “The street opened up four lots he’s selling – otherwise they were pretty landlocked. That’s a real benefit for him and to add water and sewer to the lots was going too far. But you don’t have much leverage if you don’t want to force the right of way.”

Harrington agreed. “The city didn’t do a particularly great job in those negotiations but we got too far down the line still needing the right of way to connect to Brandon’s Gate,” he said.

Cities as developers

Harrington said when he presented the agreement to the council, he told them it wasn’t a great deal, but it was the best they could get at that point and they had to weigh it against the potential costs of further delays or pursuing the condemnation process, which is time-consuming and expensive.

However, the deal incensed other developers who had been used to spending their own money on infrastructure in their subdivisions. “I got a call from John Stramel saying, ‘Can we blade in Tucker Lane so people can see where it’s going?’” Harrington recalled.

“I said, ‘We don’t have the right of way yet. Here’s the contract.’ He came back and said, ‘You’re giving him too much. Now I don’t want it’.”

Stramel, along with Etnier and Waters, who spoke against the agreement at the June 2010 public hearing, have supported the recall effort, reportedly providing an office for the committee’s headquarters, administering a website and collecting signatures on petitions. However, members of the recall committee insist they decided independently to push for the recall and are not just doing the bidding of the developers.

Garner told the Free Press he believes a route could have been found to provide eastern access to Brandon’s Gate without requiring condemnation. “There could have been a minor adjustment to the north to avoid any of that,” he said. “This project seems to have the effect of benefiting only that particular individual.”

But Harrington and Shepherd said the project was actually done to benefit not Flaugh but Brandon’s Gate by providing it with a main access other than the one onto Road L. Routing too much traffic onto L would have required revisiting the city’s agreement with the county about road impact fees there, Harrington said.

Shepherd said it is not unprecedented for a city to aid a developer. The city helped Brandon’s Gate with its costs for geotechnical work, its impact fees to the county, and some deeper road base that was required because of the soils at the site, Shepherd said.

Nor is it unheard of for a city to act as a developer, said Shepherd, who has more than 35 years’ experience as manager of different cities. “Normally a developer will build the streets and donate them to the city but I’ve been involved in individual projects where the cities put in streets to get factories built and provide jobs. In this case it was more of a transportation issue.”

The city of Cortez paid to extend Seventh Street westward to Sligo near Walmart to relieve congestion on Main Street. “Cities do it all the time,” Shepherd said. “Seventh Street is a good example. We didn’t do it for those private property owners along there, but it will have a benefit for them.”

No basis for complaint

Garner, however, disagrees. He said the scope of the assistance to Flaugh was unprecedented and the council had a responsibility to stop the agreement from going forward.

“There are certain things the staff can and does present [to the council] that are clearly not a government issue or shouldn’t be and I think that’s where the city council past and present has failed the citizens,” he said. “We’re seeing more and more at all levels of government that government should be the solution to everything and that can’t be the case.”

He said he will be very disappointed if the recall fails. “If the citizens of Cortez think that’s OK, if they find no problem in Flaugh-Clark and they would just as soon not pay attention and let them do what they’re going to do, then my view is they have no further basis upon which to complain about anything, whether city council, state legislature or federal government Just shut up and go on down that road; you have forfeited your right to participate.”

Published in September 2014

Stream of consciousness

Why is it so difficult for me to get motivated sometimes? Running makes me so happy. I should really do this everyday.

Why do those first steps hurt so much? God, my back is all cattywhumpus. Pearl Jam. I’m totally rocking out. I am so cool. I have the best taste in music. I’m totally eclectic.

Maybe I should listen to the B-52’s. They always make me think of Lucy. And nights in Martha’s Vineyard sitting in the lifeguard stands. I wonder what happened to Andy? F#$k my ankle just turned again. At least I didn’t eat shit. How cool is it that I still remember all of the words to “Rock Lobster”?

I should call Lucy. Oh she’s in Africa, guess I’m not calling. I really need to go visit her. No one should have a friend who lives in Africa and not take full advantage of it. I wish I could travel more. That’s what Ex and I always talked about doing, but somehow it never happened. You know what, F$%k my Ex. I’m not going to ruin my run thinking about him. Especially not while I have the cutest, best man in the world.

Common. I want to listen to Common. Shitdamn, I have to dig this thing out of the pocket on my ass. Might as well pee for the 15 hundredth time. This is when mountain lions like to attack – when a woman is squatting down to pee and is totally vulnerable. Oh wait, that’s real lions. Like in Africa. Got to get to Africa. Okay, Common. C. Shit, how did I end up in the T’s? Scroll. There it is.

I should pee again before I go. Water? Nah, I’ll just have to pee again. Would everything hurt less if I drank water? Probably, but I already pee too much. Common is so hot. I could date him. Could I fit into his world? Is his world really the drug, P@#$y, and gun-filled world that he sings about? No, he wears horn-rimmed glasses. But I could be the hip white girl hanging out in the VIP section with my big man Common.

What would I wear? Sparkle Jeans. No, that’s kind of more cowgirl. I am really turning into a cowgirl living out here, aren’t I? Yep. Doesn’t matter if I haven’t branded in two years or been on a horse in 10. And most of my friends are hippies. I can still totally pull off the cowgirl thing. I went to the rodeo. I knew someone riding. Well, mutton busting. And he was 4. Still.

But Cowgirl and Hip Hop? JayZ and Dolly. I really am so cool and eclectic. It’s the artist in me. Am I an artist? Yeah. Duh. That’s why I am so scattered and my house is a wreck and things slip through the cracks all the time. My brain is just more focused on creative endeavors. Not the mundane. Is that an excuse? No. Uh-oh, tree root. Shit, my pacing is off. Shit I can’t…Dammit. My knee is bleeding. I want to cry. I wish A would run by so I could cry to her. My knee hurts. Is this enough to stop running? Or is that being a puss? Think about what a badass I’ll be if I keep running and go home with blood running down my leg. Come on, start dripping so I look cool.

Pee. Change music again. Dolly, always the go-to. She’s so cool. Who doesn’t love Dolly? Thank goodness My Cute Boyfriend (MCB) loves Dolly. I might have to break up with him if he didn’t. I couldn’t break up with him. Who am I kidding? Is he going to break up with me? It would suck since we now live together. The kids would be crushed. They like him so much. Oh shit. I need to get them to the dentist. Call when you get back, Suzanne. Oh, can’t. It’s Saturday. Okay. Write that down. Pen in pocket with iPod. And I thought that was supposed to be a weed pocket. Who knew? Yep. Writing on my thigh. This is so much better than trying to carry a pen and paper. I’m actually a genius for figuring this out since my best writing comes from running.

Speaking of that, I need to write a column. What should I write about? Probably running. Maybe some of the shit that goes through my brain when I run. What was that? Mountain lion? Everyone makes fun of my thing about mountain lions. It will serve them right when I get eaten. At least K believes me. Do I want to go that way? I used to think I was better off without music so that I could hear the cat creeping up on me. Now I’m thinking that it would be better if I didn’t hear and just died from a bite to the jugular, never knowing what hit me.

I guess I’m still not sure about this iPod thing. I always said that I just wanted to hear the birds sing and the wind in the pines. I want to be at one with Nature. But it does distract me a bit. Write about that.

Get the pen. Left thigh now. No space left on the right. I should do my nails. Why do I love nail polish so much? I always have. Does that make me high-needs? I don’t wear any other make-up. Thank goodness for colors other than red. Makes my hands look pale. I should pick some flowers for MCB. Now I’m running with a bouquet. Runaway Bride. HA! Julia Roberts and I could be friends. I think she’d like hanging out with me.

There’s that “Butterfly” song of Dolly’s. Only one I can’t really hang with. Ouch. Just ended that in a preposition. Only one with which I can’t really hang. When did I turn into such a grammar nerd? Nazi, actually. I think I annoy people. Not MCB though. Sometimes he’s even more of a Nazi than I am. I still wonder about bring vs. take. I think sometimes I can say bring and he’s wrong about correcting me. I need to look that up when I get home. Better write that one down. I’ll forget.

I can’t believe how tired my arms get now. They didn’t used to. I’m getting old. I should forgive myself. I’m almost 50 – I think I’m doing pretty well. Yeah, but not compared to BG. He’s running the f—ing Hardrock. Yeah, but I don’t like running with people. Nice. Really? That’s your excuse? Oh, god, seriously, you’re dancing on the trail. You’re not really that great of a dancer too. Maybe dancing to the Dead, but no other kind. You’re sort of embarrassing. What I wouldn’t give to experience one more show. I’d even eat mushrooms for that.

No, I wouldn’t. I would be such a freak on drugs. I’m too old and stressed out and responsible for substances now. I’d be miserable. I guess it doesn’t matter since Jerry is dead.

What’s for dinner? Sometimes I just don’t want to cook. What color am I going to paint my nails? That blue is so yummy. I really want to paint the kitchen that color. I wonder if the landlord would let us paint? If I can’t be bothered to cook how do I think I’m going to paint? Oh dammit, my f—ing toenail is about to fall off again. It hasn’t done that in a while. That’s because I haven’t been a running fool in a while. Man, when I say, yeah, I ran with my knees all bloody AND a missing toenail, I’m going to look so badass. Or stupid. Probably more stupid. Or spastic.

When am I going to get back to the trailhead? I’m totally whooped. I want to be finished. Can I take a nap? That’s the beauty of running. Post-run nap and eating copious amounts of food. Remember when E said that he ran to connect with the spiritual and I said that I run so that food tastes that much better? Shallow.

Here it is, that last hill. Almost finished. I should text MCB, see if we need anything from the P&D. I could use a coke with ice. F@#$! That wasn’t the last hill. I always think that. Okay, one more hill. Then I’ll be at the truck. Why’d You Come Here Lookin’ Like That. Can I drive with headphones? No. Too dangerous. I’ll just run again tomorrow so I can hear it again. Charge iPod. Put that on the thigh too. Oh thank god. Trailhead. Body exhausted. Brain Frazzled.

Suzanne Strazza is an award-winning writer from Mancos, Colo.

Published in Suzanne Strazza

Church Rock residents commemorate a disaster

 CHURCH ROCK, N.M. – Residents of this area gathered on July 19 to remember the 35th anniversary of the disastrous Northeast Church Rock Mine uranium-tailings spill.

The 1979 spill, which occurred when a tailings pond owned by the United Nuclear Corp. breached its dam, contaminated land and water, destroyed vegetation and brought myriad health problems to the surrounding communities — issues that continue to this day. More than 1,000 tons of solid waste and 93 million gallons of solution — all of it radioactive —poured out into the Puerco River, traveling across the Navajo Nation.

Numerous speakers discussed the horrific legacy left by uranium-mining on the reservation.

“Some of our families live within 500 feet of the Northeast Church Rock Mine,” said Edith Hood, one of many members from the Red Water Pond Community Association in attendance. Hood said the site is “the [U.S. Environmental Protection Agency’s] highest-priority abandoned uranium mine on the Navajo Nation.”

“Others in our community live near the former United Nuclear Corp. uranium-milltailings facility, which is a federal Superfund site and the site of the worst uranium-waste spill in U.S. history,” she said.

“Many of us are part of the same extended family that has lived in the area for seven generations – long before the uranium mines came,” said Annie Benally, also of the community association. “We take our name from the Navajo road that serves our community, and which itself has been found to be contaminated with radioactive mine wastes. Many of our members suffer from environmentally induced post-traumatic stress disorder from simply living in a contaminated area.”

Red Water Pond Community Association member Jackie Bell-Jefferson doubted that plans to revegetate northeast Church Rock would work.

“Revegetation of the affected area and the mine site will not be successful unless the area receives enough water and attention,” she said.

Association President Larry King said restoring the area will take money and time, and constant monitoring is necessary.

“Since the UNC tailings will remain in our community indefinitely, (those responsible) and the U.S. EPA must do everything possible to reduce our residents’ exposure to contaminated materials during and after reclamation,” King insisted.

Representatives of other community groups were also present, including the Southwest Research and Information Center, Leonard Nez Uranium Awareness Commemorative Event, Blue Water Valley Downstream Alliance, Eastern Navajo Diné Against Uranium Mining, the ANSWER coalition and the Community Involvement Fund.

Founded in 2007, the Red Water association is working to bring about “a respectful, peaceful community enjoying a healthy environment.”

“We advocate to have monitoring of air, water, vegetation and grounds after the restoration of ‘long-term protection’ of human health for many more generations,” King said. “We also advocate for an annual report back to the community or public hearing for the Navajo Nation.”

Bell-Jefferson said she wants to make sure something like this never happens again.

“We want assurances that enough money will be available for the full completion of this project. We do not want to be informed in three or four years that the money has run out, but the job is not yet completed,” Bell- Jefferson said. “UNC left its mess for us to live with for more than 25 years, and we want assurances that this won’t happen again.”

Tribal members should be trained to help monitor the area, Bertha Nez said. Local residents should be trained and hired as cleanup workers, she added.

Seraphina Nez, a member of the Leonard Nez Uranium Awareness Commemorative Event, recalled how her father, who died in 2012, once worked at the mine and used to come home coated with dust. Her family is from Blue Gap-Tachee.

Seraphina said her dad and mother lost seven of their 11 children – all before they reached the age of 36. Six died from “Navajo neuropathy,” a rare disease that was once erroneously believed to be genetic but that was actually caused by exposure to radiation. Symptoms include the shriveling of hands and feet, muscular weakness, stunted growth, infection and ulcers. Seraphina said her mother suffered a miscarriage with the seventh child.

Leonard Nez would bring rocks home to show his children what he was doing, his daughter said. “My dad didn’t know those rocks were poison.” He never knew the risk he was taking working with uranium, Seraphina said.

Seraphina’s mother, Helen Nez, 76, said she and Leonard lost their first child in 1968.

“My daughter, Dorenta, never walked; she had unusual puffiness in her face, her cheeks,” Helen recalled. “And she was very thin in her extremities. Her abdominal area – her stomach – was enlarged.”

“Dorenta, my sister, was just three years old when she died,” Seraphina added.

“All of the [children’s] symptoms were identical,” Helen said. “Today, my heart hurts and I think about the past. To have six children die of the same symptoms and now know what it is. One white doctor in Albuquerque said, ‘Well, if you live in some sort of contaminated area that might be the cause’.”

The Nez home is located half a mile from the abandoned uranium mine.

“I remember the blasting. I remember the dust filling my dishes. We didn’t have laundry close by. Sometimes I washed my children’s clothes with [her husband’s] contaminated clothes,” Helen added.

As her children died, Helen said, she was faced with accusations from local doctors.

“The indication was, ‘Is there incest?’” she said, as her voice caught. “‘Is your husband related to you? Is he your brother, your uncle? Is that the reason your children have these symptoms?’ They never apologized, only the speculation of incest.”

Additionally, Leonard’s work for the mine was “off the books,” and uranium-miners were paid in goods and food for their families, Helen said. Many never received either paychecks or cash for their work. Now, there are no records whatsoever of Leonard’s time in the uranium mines.

“Working for the uranium, he was only given a piece of white slip, a piece of paper, to take to the local store to purchase food and other things,” Seraphina said.

With no record of his work history, there is little hope for the Nez family to gain compensation for the loss of their children.

Seraphina said, “My dad told me, ‘My heart is broken and I blame the government’.”

Another area resident, Floyd J. Baldwin, said he saw “some pretty weird things” while growing up, such his own uncle having to be cared for like a child because he never grew normally. “Getting my diaper changed next to my uncle [getting his changed] – my own uncle – who’s a full-grown man. And I was just a little kid. I didn’t know it was wrong or anything. But as I grew up. I noticed that’s not normal. That doesn’t happen.”

The abandoned uranium mines scattered across the area are an ongoing concern, said Moroni Benally. “There’s a bunch of [abandoned uranium mines] where I’m from. It harms our earth, water and bodies. There’s an imbalance in that. It hurts our water and earth and disrupts the very essence of Diné. We can’t have a healthy future without a healthy land.”

 

Published in August 2014

Horse advocates protest at Mesa Verde

BONNIE LOVING AT MESA VERDE PROTEST

Bonnie Loving rides her horse, an adopted mustang, to the entrance of the parking lot at the Mesa Verde visitors center to draw attention to the deaths of feral horses this summer. Photo by Sonja Horoshko

Wildlife-management policies at Mesa Verde National Park are under scrutiny following the deaths of a half-dozen feral horses, possibly from dehydration.

On July 29, protesters began demonstrating against the park’s policy of not aiding the horses. Some had heard rumors that the National Park Service had actually fenced off springs and seeps that the horses relied on for water, a charge denied by the agency.

The horses were found on Wetherill Mesa in June and July and were not discovered in time to do a necropsy, according to Mesa Verde Public Information Officer Betty Lieurance.

“If we find other dead horses in time to meet the short time-window required for a necropsy to be performed, we will definitely do that to determine the cause of death.”

Bonnie Loving, who lives near Mesa Verde, owns two adopted BLM mustangs, one from Wyoming and one from Nevada. She rode her horse Ringo to the protest, which took place in front of the visitors center just off Highway 160 at the park entrance, but she had to stop before entering the parking lot because horses are not allowed.

“Mesa Verde provides a designated First Amendment area at the Visitors and Research Center for public speaking,” Lieurance explained in a telephone interview with the Free Press on July 30. “The people can gather there, but the horses cannot come in the park.”

Loving said her two adopted mustangs are amazing.

“I have been training horses my entire life. They [her mustangs] are the best horses I have ever worked with, very loyal, very intelligent, hard workers, just amazing horses.”

When she heard the rumors about feral horses being kept from water sources, Loving decided she could not sit back. She had to participate.

“Everything I have heard about this fencing issue is from internal sources,” she said. So, fearing that “the water sources are fenced off – all access to natural springs for the wild horses during the driest and hottest part of the year,” she saddled up her horse and joined the second day of the protest.

Ginny Getts, another local horse owner, attended the first day of protest.

“The Park Service was very polite,” she said, “and showed us where we could stand. It was in full public view where we could talk with visitors.”

Neil Perry, a wildlife biologist for Mesa Verde, met with the group of eight activists.

“He talked at length with us, saying that they were pretty sure the horses died of dehydration because their water sources dried up in the drought,” Getts said.

Perry also invited two of the protestors inside the park to see the wild horses in their habitat for themselves.

According to Getts, she learned that it is Park Service policy not to aid the horses, which are not native and are viewed as nuisances that compete with wildlife such as deer and elk. But she said, because these animals are not truly wild — they have not lived for generations on their own — they may need special consideration.

“These are feral horses,” she said. “They have been cared for by owners prior to living freely on the land with other horses. They are not wild horses.”

Lieurance told the Free Press she has not heard “of any fencing of water sources at the park.”

She added, “The wild horses are not native to the park. There is a lot of native wildlife — bobcats, mountain lions, rabbits, turkeys – but the horses are not native here. They can get into the [cultural] sites and cause damage.”

She said recent rains have eased the situation, at least temporarily.

“Since the recent monsoon this week, the horses have plenty of water. They are refreshed now.”

In the long term, however, some solution will have to be found for dealing with the hundred or so free-roaming equines that inhabit the national park.

“We are working on long-term mitigation plans for the horses,” said Lieurance, adding, “There are no scheduled round-ups in the plans at this time.”

Published in August 2014

New bridge eases troubled waters

The structure is aimed at reducing boater-landowner conflicts

BRUCE LIGHTENBURGER

Landowner Bruce Lightenburger helps out with a project to construct a boater-friendly fence across the Dolores River above McPhee Dam. Photo by Shannon Livick

Cheers echoed Friday, July 25, over the rushing sound of the Dolores River as a small group of volunteers stretched the river’s first boater-safety fence across its waters. For nearly a year, the Dolores River Boating Advocates have been thinking about a fence that would solve growing boater/ landowner tensions after a raft ride last year nearly turned deadly.

Rains in the late summer had made the Dolores River, usually clear and calm and easy to cross, into a raftable, rushing and cloudy river. Because of this, many river enthusiasts hit the waters for a late summer run, not knowing that the fluctuating rush was hiding something dangerous: fences.

When the Dolores Riiver gets low, people and animals can easily cross it. Because of this, ranchers have no choice but to install fences to keep their livestock where they belong. But when a high-altitude rain happens, the river can surge at unexpected times, covering up the fences and luring kayakers, rafters and tubers.

At least one river enthusiast got caught in a fence last year and another had a close call with his 5-year-old because of a hidden fence.

The incident sent a ripple of fear through the local boating community and the Dolores River Boating Advocates responded.

“We are a boater advocacy group and we wanted to do the right thing for everyone,” said Lee-Ann Hill, program coordinator for the advocates.

Hill explained the PVC fence they constructed Friday was designed to allow boaters through, like a beaded curtain in a door, but it keeps cattle on the right side.

“It dissuades the cows more visually than physically, but it should work,” Hill said.

The boater-advocacy group had to work from scratch and design the fence themselves.

“We’ve heard of these fences, but we couldn’t find a template or photo of one, so we are designing this as we go,” she said.

The fence involves a cable suspended between two poles on either side of the river, in this case, the down-river edge of a cattle field belonging to Bruce Lightenburger above Dolores. Hanging from the cable are small-diameter PVC pipes spaced about one foot apart. The poles nearly reach the bottom of the river during low-flow times and should float on top of the water during high waters. The cable is high enough that it will never pose a danger to rafters and those that get up to the fence should simply be able to float right through the poles. The fence is about 125 feet long.

The Dolores River Boating Advocates formed about two years ago and this is their first major project. After the boater got tangled up in a fence last summer, they heard from numerous concerned boaters.

The cost of the fence is expected to be about $1,200. Mild to Wild of Durango, the Colorado River Outfitters Association, Heather Narwid of the Sideshow Emporium in Dolores and the Durango Home Depot all donated money, time or materials to the project, in addition to the volunteers with the group.

Lightenburger also donated time, materials and equipment to help with the project.

“Bruce has been very amenable and enthusiastic about this project,” Hill said.

Boater Andy Hutchinson was among the eight volunteers Friday that erected the fence. He hopes it will make things better for everyone.

“It’s a good way to get boaters and landowners together. It beats trying to shake hands with a fist,” he said.

Rafters and private-property owners across the state of Colorado have been embroiled in a sort of legal horn-lock over fences and boaters’ right to float across private property if a landowner owns both sides of the river.

The argument comes down to whether or not the Dolores River is “navigable.” Some attorneys say this means that at the time Colorado gained statehood, 1876, the river had to have been used for commerce, and if boats weren’t going up and down the river for commerce at that time, the river is non-navigable, making trespassers of those who float down the river without permission.

Others argue that a boater has every right to float down a river and that putting a fence across it is akin to blocking a public road.

“If you can get a boat down a river, it is navigable,” Hutchinson said.

Despite the legal battles at the state level, this boater-friendly fence appears to be a nice compromise.

Installing the fence was the first phase of the project. The second phase will continue later this summer after the group observes how the first fence works. If it works well, the group will install another fence on the up-river edge of Lightenburger’s cattle pastures.

Hill said the advocacy group also plans to erect signs above the fences warning boaters that the new fences are ahead.

“After we installed the fence, we were hanging out by the river and some tubers came down. They seemed scared of the fence,” Hill said.

The tubers started to get out of their tubes.

“We had to tell them what to do and that they could float right through the fence. So we need to get the word out about this fence and install some signs,” she said.

Volunteer Scott Spear has encountered fences such as the one he helped construct on other rivers. “I’ve boated through one and it seems to work,” he said.

There are a couple such barriers on the Uncompahgre and some on the lower San Miguel.

“You just part through it like you would tall grass,” Spear said.

Volunteers were excited to take part in the project.

“It’s a great grassroots collaboration between parties. It’s exciting and Bruce has been more than amicable,” said volunteer Jane Dally of Durango.

Volunteer Charlotte Overby, also of Durango, was thrilled to see the project take shape. “I think it’s an incredible example of a group of boaters coming together with landowners,” she said. “I just love rivers.”

For more information see http://doloresriverboating. org/

Published in August 2014 Tagged

A local group works to provide Native citizens a home away from home

INTERTRIBAL VOICE HOGAN

This hogan under construction south of Cortez is planned as a family-oriented gathering place for Native residents. It will be operated by Southwest Intertribal Voice, an advocacy nonprofit. Photo by Sonja Horoshko

The longtime vision of a group of Nativerights advocates is about to become reality. Southwest Intertribal Voice, a not-forprofit group that has focused on advocacy and cultural education for more than 15 years, is poised to open the doors to a holistic Native family-oriented gathering place for residents in the region by spring 2015.

Located 5.5 miles south of Cortez on Highway 491, it is a place where all tribes will be welcome, said Art Neskahi, Diné, founder and president of Southwest Intertribal Voice. “From the beginning we have worked with Ute Mountain Ute membership as well as Paiute, Navajo, and any member of an indigenous tribe living in Montezuma County or the region. But our membership has also included a lot of non-Native people who believe in our focus.”

Today many Native people live off-reservation in urban areas where educational and career opportunities are more plentiful than at home. Other Native families relocate to smaller, rural border towns around the reservation, such as Cortez, where steady employment and convenient shopping, banking and schools are easily accessible.

But their cultural quality of life is affected by this move away from family homes and the long distances required to return for family gatherings and ceremonies.

In addition, according to Neskahi, the Christian dominance in school systems, churches and local politics works to disconnect indigenous people from their culture.

Neskahi talks of how his father influenced his family as a Christian convert and fundamentalist Southern Baptist preacher. “Every Sunday we dressed up in white man’s clothes, preached Christianity and converted Native members to our church. I grew up not knowing anything about my own culture. It was forbidden. I had no Native identity.”

Raised to speak only English, Neskahi found the Navajo language and culture foreign to him until 1970, when he was drafted into the U.S. Army and sent to Fort Carson near Colorado Springs.

At Fort Carson he was asked to represent the Native people on a “Racial Harmony Council” convened in response to racial gang wars taking place in the barracks. He accepted, but admits he didn’t know anything about being Navajo, because it had been proselytized out of him.

The American Indian Movement was a political presence in Denver at the time Neskahi was discharged. “I joined AIM in 1971. The consciousness in the group planted the seeds for my traditional education,” he recalled.

“When I returned to my home in Montezuma County I returned to a search for tradition. Together with my family, which included my father, we realized what we had done and how we had turned away from our culture and our people.”

Beyond pow-wows

MARK WING

Mark Wing, Ute Mountain Ute head of security, presents the Ute cultural point of view to employees with the Montezuma County Sheriff’s Office, 22nd Judicial District Attorney’s Office, and in-service personnel. Photo by Sonja Horoshko

Thus began a long, arduous search which led to the pow-wow circuit. His father, Allan Neskahi, Jr., was a great public speaker, generous and kind. People trusted him. They began telling him their stories. Consequently, they found many pow-wow participants practicing Native religion and their ceremonies in secret. It became clear to the Neskahis that the Christian church was making Native members fearful, he said. “They were living false lives.”

The family began advocating for Native rights and Native religious freedom, offering their property south of Cortez for use as a pow-wow arena. “My father, now deceased, was a magnanimous personality, the kind of person that made people feel good. As his reputation grew, the annual pow-wow on their family land grew as well and the event became a popular destination for large numbers of Native people.

But Neskahi said what he personally saw in the pow-wow was another tribe’s war dance, from plains tribal culture, not Navajo in origin. “How can we learn and use our Navajo protection for ourselves?” he asked. “I began a deeper learning about my tribe, my family ways, my culture.”

But by 2000 the popularity of the local pow-wow grew to record levels. Natives from all over the U.S. traveled to the location to compete. The county held a hearing for a high-impact permit, which resulted in a requirement that the pow-wow organizers erect a 6-foot chain-link fence around the land and provide security at the entrance. Costs to comply with the new regulations made it difficult to continue and the annual event stopped. The land reverted to private family use until the Neskahis contributed it to the Intertribal Voice group.

Not intended to attract large events now, the 24-acre site is perfectly suited to the small family-oriented cultural-education project and to provide a venue for ceremonies when needed.

Volunteers have built a traditional earthfloor wood hogan for ceremonial use. A shade house will be erected soon for family picnics and a teepee pad is being cleared for Native American Church meetings.

It is an expansion into traditional education and ceremonial opportunity that amplifies the work in human-rights and discrimination cases in Montezuma County the group has conducted since the late 1990s.

‘Not in Our Town’

On Thanksgiving in 2006, two men and one woman, all Native, were beaten in the Cortez city park. It was the last straw, said Neskahi, who explains that the local vernacular for the practice was “rollin’ Indians,” which happens when “Native people with money in their pockets come to town to spend it.”

Twenty-seven years earlier, in 1979, his brother was targeted by a car of white teenagers in Cortez, who rolled their vehicle over him and killed him, said Neskahi.

But his father, still a practicing Christian preacher, told the family to do nothing. “My father told us that God will take care of it. But it continued and when the 2006 Thanksgiving beatings happened I said, ‘Enough!’”

Neskahi, who holds a B.A in community development, convened a series of community dialogue meetings. “We had to address the violence against Indians.”

At that time Neskahai was operating out of a small office in the Cortez Cultural Center on a grant designed to help the organization establish a local access space and fund his work.

About 50 people came – Ute Mountain Ute, Navajo and other tribes were well represented. Many white people joined the meeting. Like a breached dam the frustrations and incidents poured out. Resentments, stories of violence and discrimination were told.

“It was real heated exchanges. Finally, at the end of the first meeting everyone decided to keep talking and work on this. We called it the Cortez Community Dialogue. Over the next year we hired a facilitator and invited the Colorado Civil Rights Commission. We began to raise awareness.”

The dialogues led to a public demonstration in 2007, the Peace and Justice Walk through Cortez. The event ended with a concert in the park. It was called “Discrimination – Not In Our Town.”

“Art’s the real deal,” said Bob Dunn, local musician. “He didn’t come out of an East Coast think tank or a college anthropology program. He’s lived what he advocates, and people respect him – whites and Natives.

“I helped put the concert together that year and book the local band the Lindells at the rally. It’s was a wonderful moment in Cortez history.”

Mutton in the park

Soon after that event, Gene Peck, another founding member of the Intertribal Voice, helped Neskahi begin a series of “Mutton in the Park” banquets. They grilled fresh mutton, made fry bread, roasted corn. The menu attracted local Natives, including people from Ute Mountain Ute Tribe as well as Cherokee, Choctaw and other families living nearby.

Conversations at the “Mutton” events identified the need for a small-scale, familyoriented gathering place, a place of education and ceremony. The Intertribal Voice heard how difficult it is to return home to find diagnosticians and medicine men, gather the necessary parts for ceremonies or even hold one, or find a place to conduct traditional education in the county.

Thus was born the concept of a “traditional place,” on Intertribal Voice land and access to traditional structures identified by local Native people that were needed to conduct the education of their families.

As the project grows on the land, the Southwest Intertribal Voice’s advocacy work and community dialogues continue to influence community policies. The need is always there, said Neskahi. When his son died two years ago he tried to locate a grave site at the Cortez Cemetery aligned north-south, but he found all the graves align east-west “That’s a Christian influence…so the buried person sees the rising Christ in the east,” he said, but in his culture the body is aligned with the head placed to the north.

Although he wasn’t successful with his request in time for his own son’s burial he took his concern to the cemetery director, who requested a change in the grave alignments to accommodate Native burial standards. The cemetery board agreed to set aside a plot of land in the coming addition that aligns the graves north-south.

It seems like a small victory, Neskahi said, but every agreement that can be reached is a step forward.

Cultural awareness and law

The group is currently working on issues related to law enforcement and incarceration. Montezuma County Undersheriff Lynda Carter began knitting together a cultural workshop with Intertribal Voice about six months ago. “The point is that we need to do something to improve cultural awareness in this community,” Carter said.

Although there is a lot of published material on cultural diversity and law enforcement and many guidelines for cultural-awareness training programs, “we wanted to find local presenters that could address the needs of our county,” Carter explained.

In July she and the Intertribal Voice directors held a cultural-awareness training at the sheriff ’s office for working officers, the District Attorney’s office and in-service personnel. Clyde Benally discussed the Navajo cultural point of view while Mark Wing, Ute Mountain Ute security officer, presented on behalf of his tribe. Curriculum ranged from the creation stories of each tribe to law enforcement and interagency arrangements on and off sovereign reservation land.

Wing emphasized that, “In the past when we had a dispute we would go to the council to settle matters, but that was a long time ago. Today we have a tribal law enforcement and a public-safety department and through a recent grant we have established a new facility. We have paramedics, firefighters and a 24/7 EMT.

“The BIA moved into our tribe in 1998. They patrol our streets, but any disputes arising from their presence must be submitted through their regional offices in Albuquerque, N.M., for a decision. This slows down the expression of their [the Ute citizens’] feelings and many people let the violations of their rights go because they can’t get the bureaucratic paperwork done and drive those long distances for appearances in Albuquerque.”

Benally described the philosophical view of “the land” and the language used to express “homelessness” by the white world, an issue that sometimes collides with law enforcement.

“We stand on it,” he explained. “It is beneath our feet. We are connected to the land. We are not homeless. Our feet are on the land. We are home.”

Maps depicting the routes Navajo people may have taken from the north beginning around 1000 A.D. show a path through the Western Slope of Colorado that leads directly to the southwest Four Corners region.

Wing, too, explained that the range of land once occupied by the Ute people included all of Colorado up until the beginning of the 20th century, when the reservations and allotment systems were put in place and the Ute people were split into three tribes, now located in Ignacio, Ft. Duchene and Towaoc.

Carter, who is one-quarter Cheyenne, is licensed to practice law in Colorado and has expertise in laws regarding discrimination, including the Religious Land Use and Institutionalized Persons Act 2000, which, among other applications, protects the rights of prisoners to practice religion while incarcerated.

“There are things we don’t understand about other cultures and yet we all have to live together. We at the sheriff ’s office recognized the opportunity in this because Gene and Art worked with us to provide the professional level of training our department needs.”

An audience member asked Benally how the recent deaths reported in the Montezuma County Jail affect an inmate incarcerated at the time of the death.

“If the inmate is Navajo he will need a cleansing, which requires a medicine man to enter the jail on behalf of the inmate.” Benally explained. “I served on the Colorado Commission on Indian Affairs. Back then we were working with the penal system to make some cultural corrections. We brought up the question of admitting medicine men inside the jail for ceremonial work with Native inmates.”

The prison system at that time required medicine men to open their medicine bundle for a thorough inspection as they entered the prison. But Benally’s argument asked the penal administrators if they inspected a Catholic minister’s incense or accoutrement with as much scrutiny. “Their answer was, ‘Of course not. He is a priest!’”

At the Montezuma County Detention Center, officials try to accommodate the need for a medicine man, Carter said. “We do the best we can if it is requested. Security always come first. We try, but we can’t always do everything we are asked.”

Carter hopes that this type of quality training will be offered seriously to the general public in this community. “It humanizes Native people and we all benefit from that.”

First of its kind

Intertribal Voice is working toward that goal. Neskahi is retiring from his job as a mechanic and hopes to have time to complete the gathering-place grounds soon after. There is a lot to do, but he and Peck and a handful of volunteers are gaining traction. He is seeking grants for Intertribal Voice that can support staff training, salaries and Internet access. In addition, the grounds are ready to reconnect infrastructure such as the water-delivery system that will support clearing the fields for traditional Native gardens. “Intertribal Voice owns three water shares, and that’s enough for our 24-acre location. Someday we will have a flock of sheep and a running path for the Kinaaldá [a Navajo rights-of-passage ceremony for Navajo girls].”

Towns bordering reservation lands do not offer amenities or services specifically tailored to Native needs, designed and operated by Native people, he said. Although Native people are present in census figures, live and work in the community, and contribute to the tax base and overall prosperity, they are kept in a commoditized place, used as marketing icons for community cultural “Indian-ness” and to attract tourism.

“There are a lot of local not-for-profits that benefit from our [Native] presence but they do not see us as modern, professional 21st century people, and send interns to learn from us how to be culturally aware directors and administrators of programs about us,” Neskahi said. “But then the interns go home and the groups send another college graduate to learn from us again instead of hiring us as consultants and directors in our own community.”

Neskahi, Peck, and others in the group would like Intertribal Voice to play a role in shaping a better community by offering a place that serves Native needs, a comfortable “home away from home.” They will continue offering training when groups seek education on Native issues and stay vigilant on local discrimination and justice issues.

The gathering place on their own land is a first for a border town and something to be proud of, Neskahi said. “We do not know of any community outside reservation lands that offers such a service to Native families. We hope the county will be proud of our efforts and contributions and that through our work we can improve the quality of cultural awareness many tourist and local residents seek, while supporting the Native peoples here in Montezuma County.”

Published in August 2014

Users gather to hash out travel management

San Juan National Forest officials are working on a new plan for the Rico area

Nearly five years after a plan to regulate travel in the national forest around the Rico/West Dolores management area was scrapped, Forest Service officials and about 30 users of the forest sat down to discuss the plan again.

“This is a wonderful opportunity to discuss things,” said Debbie Kill, San Juan National Forest NEPA planner.

The meeting was the second of three meetings prior to entering the formal NEPA (National Environmental Policy Act) process, which requires the Forest Service to do environmental assessments or environmental- impact statements when making decisions about forest management.

A panel of hikers, mountain-bikers, motorcyclists, hunters, horseback riders and government officials sat at the front of the room in the Dolores Community Center to discuss the Rico/West Dolores Travel Management Plan.

“We are making the process more transparent and documents available as we go instead of at the end,” Kill said.

If any of this sounds familiar, it is. In 2009, the Forest Service rejected a new travel- management plan after six different parties appealed the decision, saying the Dolores district had not conducted adequate analyses, the public had not been adequately informed about portions of the plan and that the plan had designated some trails as motorized in areas that were supposed to be non-motorized.

The plan was remanded to the Dolores District Office to be rewritten.

After reviewing their concerns, a Forest Service appeal-reviewing officer sided with the appellants on most of the charges and recommended remanding the plan to the DPLO. Of 15 specific issues cited by the appeal officer, he recommended reversing the manager on 11 and affirming the manager’s decision on the remaining four.

Cherie Shanteau-Wheeler, director of programs for the U.S. Institute for Environmental Conflict Resolution and moderator of the meeting, told those that attended they were lucky to be involved in the process so early.

“This is rare,” she said.

Still, a few participants were not pleased.

“There has to be a stop to the never ending closing of roads,” said Rick Keck, who sat on the panel and represented ATV riders.

Kill explained how an interdisciplinary team of Forest Service specialists would help guide the travel-management plan with research and science.

Keck wasn’t so sure that science could explain everything about the process.

“Do you deal in broken hearts?” he asked. “Many people I know go down somewhere and when they see a brown closed-road sign, their hearts are broken.”

Keck said closing area roads is hurting local businesses. He said he had talked to a local sporting-goods store owner who told him that he was doing just 23 percent of the business he had in previous years.

“We are doing things that are really hurting us,” he said.

Casey McClellan, panel member and an advocate for motorcycle and dirt-bike riders, told the Forest Service officials that the area around Rico has a long history of motorized trails.

“There are 62 acres of motorized singletrack trails in the area,” McClellan said. “If someone can’t find a quiet place to go [in the remaining acreage], then there is a problem.”

McClellan said management of the area should be left alone.

“Leave it as it is. There is no evidence to suggest otherwise,” he said.

The travel-management area includes the Bear Creek Trail and the Calico Trail, both popular with motorcyclists. The Bear Creek Trail was a point of contention when the plan was discussed five years ago, as there was a push to ban motorcycle use on the trail.

Bob Marion, who represented quiet users, told the panel that when the Forest Service allows motorcycles and ATVs on a trail, they usually push out those that are hiking.

“Motorized users displace quiet users and then it become a single-use trail,” he said. “Most quiet users want to see wildlife. Protecting wildlife is an extremely important goal.”

Drew Gordanier of the Southwestern Livestock Association, who represented cattlemen, told the group he had documented cases of user conflict.

Dolores County Commissioner Julie Kibel said economics needs to be a big factor when putting together the plan, which will guide management for approximately 244,550 acres.

“There are reasons we live where we live and love what we love,” she said. “There are two communities that will be really impacted by this plan. In Rico, [the forest] is in their backyard and I guess it’s in their front yard too.”

Representatives of the towns of Dolores and Rico were not present at the meeting.

Montezuma County Commissioner Keenan Ertel said the Forest Service does not coordinate with the county.

“The closing-off of federal lands has been a very large part of what I’ve seen in this county,” Ertel said. “It’s been a very one-sided decision-making process.”

He asked the Forest Service to sit down and coordinate with different user groups and find ways to provide for them.

“It’s a multiple-use forest,” Ertel said.

Dolores District Ranger Derek Padilla told Ertel that is why the meetings are being held.

“That is what this process is all about,” he said.

According to Kill, the next meeting on Rico/West Dolores travel management has been tentatively slated for Thursday, Sept. 11.

For more information, contact Kill at 882-6822 or dkill@fs.fed.us

Published in August 2014 Tagged

Too close for comfort?

Venting from carbon-dioxide well raises concerns, couple says

A Pleasant View couple remains shaken by a recent incident in which venting from an exploratory carbon-dioxide well caused another family to flee their home the night of June 5.

John and Sharon Wolf say although Kinder Morgan’s response to the incident was swift, they are concerned about potential health threats in the future related to the production of CO2, an odorless gas that is sucked from the vast McElmo Dome geologic formation stretching across Montezuma and Dolores counties. The gas is then piped to Texas, where it is used to squeeze more oil out of played-out wells.

The Wolfs say they are also concerned that there are few resources to help local citizens worried about the potential effects of living near CO2 wells or other types of energy development – other than relying on the company doing the drilling.

“When there has been a concern, their [Kinder Morgan’s] position is they are going to be here for a long time and they want to have a good relationship with the community,” said Sharon Wolf. “But nobody had told us this was going to be happening.”

What happened the night of June 5 was that the company – without notifying neighbors – began venting carbon dioxide and other gases from a new exploratory well on private land just off County Road CC. A member of a neighboring family began to feel ill, so, worried about the emissions and a strange smell emanating from the well, they decided to spend the night in Cortez.

That family declined to talk with the Free Press, but according to a Kinder Morgan spokesperson, they were compensated for their stay in town.

John and Sharon Wolf, however, who are three-quarters of a mile from the well, live with Sharon’s elderly mother and felt it would be upsetting and harmful to her to be removed from the home in the middle of the night, so they decided to stay put unless they absolutely had to leave. Both families had contacted Kinder Morgan, and someone with the company came out and shut down the venting, eventually deciding to resume it only when a strong breeze was blowing to disperse the gases.

CO2 PRODUCTION CAUSES CONCERNS

A truck travels along County Road CC directly in front of a resident’s home. Construction and carbon-dioxide extraction in the area west of Pleasant View have caused some concerns among locals. Photo by Gail Binkly

In addition, Kinder Morgan tested the air outside the Wolfs’ home and eventually installed an air monitor.

In emails, a spokesperson for the company told the Free Press that no one had been endangered by the venting.

But the Wolfs remain worried. John said he is concerned because he lives downhill from the well and CO2 is heavier than surrounding air. Although the gas is not actually poisonous, it can smother people by driving out oxygen. In 1986, at Lake Nyos, a crater lake in Cameroon, Africa, 1,700 people died when the lake belched forth a cloud of carbon dioxide from a subterranean pocket of magma.

John Wolf said he became concerned that if there should be a leak from the well, “we’re going to go to sleep one night and won’t wake up.”

So he called the Montezuma County Health Department to try to get information on what levels of carbon dioxide in the atmosphere were considered safe and what was the best way to monitor the substance. Eventually he got a call back from an official who said, “We’ll do the same thing for you that we have set up in Mancos [regarding neighbors of an illegal gold mill]. If you or your family get sick from these CO2 discharges and you can prove it with a note from your doctor, the county will give you the information you need [regarding gas levels and safety].”

John Wolf said the answer infuriated him. “I think we’re the only family in this situation. I don’t know that there is another family that lives in the bottom of a dip like we do, next to a CO2 well. What are we supposed to do?”

He said he understands the need for jobs and supports development, but that the county commissioners seem more concerned about bringing in revenues than protecting citizens’ health and safety. Kinder Morgan is the county’s largest single taxpayer by far, providing roughly 40 percent of property-tax monies.

“Is the county’s only concern that whoever moves in here gets to make as much money as they possibly can?” John asked.

He said when Kinder Morgan obtained the county permit required for the well, a provision of the permit was that air quality would be protected.

“It’s not like I’m asking the county to change the zoning, I’m asking them to follow their own laws,” he said. “I’m asking them what is bad air quality. Oh, no, they can’t tell us that till we’re dead.”

He said he and Sharon also tried contacting the Colorado Oil and Gas Conservation Commission, but an official there was similarly unhelpful, and ultimately they had to hunt around on the Internet to ascertain what were safe and unsafe levels of gases in the atmosphere.

Sharon said when she spoke with a COGCC field inspector, he told the Wolfs they needed to contact the state health department. “I said, ‘if you’re monitoring air quality and there’s something wrong, don’t you communicate with the health department?’ Nope, that wasn’t his job.”

However, she said, he did come to the site several days later and stopped by their house, “but by that time Kinder Morgan had already been here several times and had monitors on site.”

Likewise, he declined to give them information on what constituted safe levels of CO2, the Wolfs said. “He said it was not his job. His job was air quality but not to tell people what good and bad air quality was?” John said sarcastically. “We just asked him to look in the Colorado gas and oil book but he acted like it was secret information.”

The Wolfs said a local resource is needed where citizens with questions about any type of oil and gas production can obtain neutral, reliable information. While they said Kinder Morgan’s response to the venting problem was immediate and helpful, they don’t believe people should have to depend for information and aid on the companies doing the drilling and production.

“Basically you’re relying on Kinder Morgan’s good business sense, which they do have right now,” John said.

But he is concerned that different companies may not have the same long-term commitment to work with area residents.

“Now, on BLM land south and west of us, there are vast amounts of natural-gas resources and there is no interest on the part of the county in helping or protecting people,” John said. “They just want to make as much money as they can.”

Concerns about the boom in energy development around the country are prompting grassroots efforts to rein in drilling, or adopt more-stringent regulations to protect health and safety.

In Colorado, there is a push to give local governments more say over where drilling can take place. In 2012, the residents of Longmont voted to enact a ban on fracking (hydraulic fracturing, a technique used in some types of energy extraction). The Colorado Oil and Gas Conservation Commission and the state’s oil and gas association sued Longmont, and on July 24, a Boulder County District Judge ruled that Longmont’s ban was illegal.

However, a group called Coloradans for Safe and Clean Energy is trying to get a measure on the November ballot that would give local governments the power to create and enforce environmental regulations that are stricter than the state’s. The energy industry opposes the measure, saying it could create a hodgepodge of different rules that would hamstring energy exploration and production.

Another measure being pushed for the November ballot would increase the required buffer between homes and drilling rigs from the current 500 feet to 2,000 feet, which industry officials say would eliminate a great deal of potential development.

Jimbo Buickerood of the Durango-based San Juan Citizens Alliance, an environmental nonprofit, said the Wolfs are unfortunately correct that citizens can’t rely on county or state government to help them deal with problems related to energy extraction.

Buickerood visited the site of the June 5 venting in Pleasant View and said he smelled an acrid, tangy odor that he would not have wanted to breathe for long.

He said he agreed with the Wolfs that the COGCC’s response to their situation was “pretty disappointing.”

“It was disappointing they weren’t able to come right out and give some assurances, ‘This is what the safe levels are,’ and so on. You would think the CDPHE [Colorado Department of Public Health and environment] would be involved as well.”

Montezuma County has generally avoided getting involved in environmental-health concerns, Buickerood said. County health departments in general tend to focus on public-health issues such as vaccinations rather than environmental issues.

“Another piece behind the whole situation, as I understand it, is that there is no mandatory requirement for Kinder Morgan to have contacted local residents before their venting operation,” Buickerood said. “I think the message to Kinder Morgan is they need to realize they’re not drilling holes out in the [Canyons of the Ancients] national monument, they’re moving into residential areas.”

When venting is done, it’s because the company is checking what exactly is in a well, he said. “They’re releasing gas from strata where they’re not entirely aware of what’s in there.”

The topography, the wind, humidity and temperature all are factors in how emissions affect neighbors, he said.

And aside from health and safety concerns, the Wolfs said, there is another down side to the ongoing industrialization of rural areas as companies plumb the earth for energy resources. Huge trucks roar by their home – one every couple of minutes – from early in the morning until late at night, seven days a week. Sitting on their patio, a visitor had to shout to be heard whenever a truck passed. “This is supposed to go on for quite a while – like four years,” Sharon said.

“We raised our family 50 miles outside of Philly and 70 miles from New York City,” John said “We came here to teach on the Navajo Nation and for me to recover from a stroke. This is it for us. This is our dream house. Now we’re back living on Route 22.”

The trucks, operated by a plethora of companies including Kinder Morgan, Skanska, Halliburton and others, are hauling materials to and from other wells and the site of a compressor station and industrial facility, all in the Cow Canyon area west of Pleasant View and northwest of Cortez.

According to an article on businesswire.com, Kinder Morgan announced in May that it would spend approximately $671 million to expand its infrastructure in Southwest Colorado and New Mexico, of which $344 million will be for the Cow Canyon area. Plans there include 16 new wells, the compressor

station, and a disposal well for produced wa ter left after carbon-dioxide extraction. “As they expand their operations throughout Montezuma and Dolores counties, incidents like this are going to happen again and again,” Buickerood said.

Pete Dronkers of the Oil and Gas Accountability Project, another environmental nonprofit, said companies that do any type of energy extraction should have to give specific answers about what is being vented from wells, because the substances can include methane, benzene, toluene, and even radioactive components.

He said unfortunately, the COGCC is “more or less designed to facilitate the fast and efficient permitting of these projects.”

“You would think it’s a watchdog but it’s really a pro-development arm of government,” Dronkers said.

His group is obtaining an infrared camera that can see volatile organic compounds and hydrocarbons not visible to the naked eye that are being released from drilling sites, but they will have to share it with people in Texas and California, so there will be a backlog of demand for its use, he said.

He said people with concerns about the health impacts of oil and gas drilling can email him at pdronkers@earthworksaction. org.

A citizens’ group called Frack Free Montezuma – an offshoot of Frack Free Colorado – is being formed and has had several meetings in Mancos, according to Joanie Trussel, who is involved with the group. Its goal is to provide more education about issues surrounding fracking, a controversial extraction technique that is used by Kinder Morgan as well as natural-gas companies.

She said the group is going to have a showing of the film “Dear Governor Hickenlooper,” which discusses concerns about fracking, in Cortez on Sept. 12. The venue and exact time have not yet been set.

Frack Free Montezuma is going to set up a Facebook page in the future. In the meantime, citizens can obtain information at http://www.frackfreecolorado.com/.

For the Wolfs, more information is welcome, but nothing will alter the fact that the proximity of energy development has dramatically changed their quality of life.

“I wish Kinder Morgan weren’t here [in their neighborhood],” Sharon said. “I wish we didn’t have any of this [surrounding development], but since it’s being done I’m glad it is Kinder Morgan, with their level of concern for how they interact in the community. I appreciate that.

“I wish there would have been no need for that kind of interaction. I don’t want to be in an adversarial relationship with them, so whenever something happens they don’t say, ‘Oh, it’s Wolf again’.

“Kinder Morgan should be proud of the people they have working for them. They’re good.

“But,” she added, as another truck rumbled up the road, raising a cloud of dust, “I hate it.”

Published in August 2014 Tagged ,

Drink a cold one for conservation

A mild September evening, live music, happy people, good food, and cold beer. If that sounds like the recipe for a good time, mark your calendar for the Montezuma Land Conservancy’s 16th annual Harvest Beer Festival and join the conservancy in celebrating local land conservation.

The festival will be Saturday, Sept. 6, from 4 to 9 p.m., at Parque de Vida in Cortez.

All proceeds benefit Montezuma Land Conservancy for the conservation of working family farms, historic ranches, wildlife habitat and scenic open space.

MLC has protected more than 37,000 acres of land in Montezuma, Dolores and San Miguel counties and continues to play a leading role in shaping the future of the local landscape and protecting our rural heritage. The opportunity to generate cash flow through subdivision or sale has never been higher – increasing the urgency and need for proactive land protection. MLC offers an alternative to local landowners. Despite the important role agriculture plays in our community, more than 25,000 acres of farm and ranchland have been lost to subdivision since 1990 in Montezuma County alone. Ensuring that future generations can enjoy this unique landscape and way of life requires us to balance growth with the protection of private lands.

Just between 2007 and 2012, Montezuma County alone lost 14,000 acres of open space and agricultural land to residential use through subdivision. These lands contain productive soils and rangeland, important water rights, riparian habitat, big-game calving grounds, migration corridors, and splendid views—qualities that help define the rural community and way of life. MLC addresses this loss of land by partnering with landowners who voluntarily choose to restrict development and subdivision rights on their private property to keep it open and available for agriculture and habitat.

Currently the conservancy is working on several projects from Groundhog to the Mancos Valley. While land protection continues to be its core mission, this summer in partnership with another local non-profit, MLC took on a two-phase stewardship project on a protected property to accomplish riparian-habitat restoration, fence-building, and other stewardship-related activities.

MLC invites everyone to help preserve these special places by attending its annual fundraiser, the Harvest Beer Festival. The event will features artisanal ales and brews from the following regional breweries:

  • Carver Brewing Co.
  • Dolores River Brewery
  • Durango Brewing Co.
  • Main Street Brewery
  • Moab Brewery
  • Avalanche Brewing Co.
  • Ska Brewing
  • Steamworks Brewing Co.
  • Three Rivers Brewery
  • Riff Raff Brewing Co.

There will be live music from 4-9 pm featuring Montezuma Acoustic Trust with Glenn Smith, Chuck Barry and Andy Hutchinson, and West Bound Headed East.

A silent auction will offer such items as:

  • Hiking, clothing and travel gear from a variety of top brands
  • Bike, board and ski gear
  • Overnight stays at iconic bed and breakfasts
  • Ski passes to multiple resorts
  • Restaurant gift certificates to regional hot spots
  • Framed art and photography
  • Romantic cabin on the West Fork of the Dolores
  • A variety of unique jewelry pieces • Massages and yoga galore

This family-friendly event will have kids’ activities. The $25 entry price includes unlimited beer-tasting. The entry price is $15 for non-drinkers. Children 15 and under are free with a paid adult. Food is available and sold separately. Tickets are available at the door, and for pre-purchase. For more information, call 565-1664, or visit www.montezumaland. org

Published in August 2014

Dear gun fetishists: You’re not helping

“He wore his gun outside his pants, for all the honest world to feel.”
— Townes Van Zandt, “The Ballad of Pancho and Lefty,” as sung by Willie Nelson and Merle Haggard

Entertain, if you will, some scenarios:

1. You are dining with your young family at a popular eatery in your hometown. In I come, holding a rifle in my hands as I approach at the counter. Do you trust me?

2. You are stopping by said eatery to pick up your teenage daughter, the apple of your eye, from her shift there. You are a few minutes early and through the window, can see someone at her counter. It’s me. I have a gun. Do you trust me? Should your daughter automatically assume I mean no harm? Are you comfortable with her just guessing my intent and giving me the benefit of doubt?

3. How about me in a group of 10 others, also with guns strapped to their bodies?

4. And to liven it up, you also have a gun. What do you do?

5. If you come in with your gun out, do I trust you? What’s going through my head? Do I feel safe?

I have made the points of these scenarios quite obvious for a reason. A sensible person’s answer is “no” to the first three questions; “I don’t know, but I am getting my family/ daughter out of there!” to the fourth; and probably, reasonable people understand that my answers to No. 5 are “No,” “Holy crap, I might have to shoot someone!” and “No.”

Accordingly, I ask Question No. 6: What makes people think open-carry demonstrations are a good idea?

Please note. I did not say open carry in and of itself is automatically a bad idea, though I do wonder what on earth people — those who are not under clear and present danger (from something other than imaginary gun grabs!) — are so fearful of that they feel the need to pack heat all of the time. Gun ownership is a constitutional right. I do not advocate banning guns. But I do advocate for common sense, acknowledging the rights of others, and, well, not being a jerk.

In April, a man in Forsyth County, Ga., created a panic by walking through a park with a gun while a children’s sporting event was going on. Reports of the incident varied widely. Some reported the man had merely walked through the park with a gun in his waistband. Others reported he was making statements to the effect of : “I’ve got a gun and there’s nothing you can do about it” and that at least one child asked a parent if the man was there to kill him.

The man had a permit. If it is true that he was making such statements, however, Georgia authorities were wrong not to do anything. Because no gun permit covers harassment and disturbing the peace, which are offenses regardless of the 2nd Amendment.

If in fact he was just going about his business, that is another matter. The incident nonetheless illustrates the very simple fact that strangers cannot divine a gun-toter’s intent.

When a man shows up at, say, the airport with an AR-15, strangers and authorities alike can be forgiven for assuming the worst of him. You would think nobody with functioning brain cells would pull such a stupid stunt; sadly, you would be wrong.

In July, Peter Steinmetz brought a rifle into the Phoenix Sky Harbor Airport. Apparently, it is legal to have firearms in non-secure areas at the airport (side note: Umm, what?), but Steinmetz was accused of pointing the gun at two people in the airport.

He denies doing so, but not having the gun. Why? You guessed it! “I decided to make the point that a peaceful citizens can openly and responsibly carry a firearm, including an AR-15, for the protection of themselves and their community,” he said, according to published reports. The medical researcher went on to say he is “an educated and responsible gun owner.”
Wow, doc. Mission accomplished! Yep, you sure showed the world how responsible you are. Also, I guess Arizona can sleep soundly under your protection. Since you’re one guy, and all.

News reports in August indicated that open-carry among individuals appears to be trending up. That is one thing, a risky thing, to be sure, as all it takes is another armed person who sees the individual as a threat.

Another thing entirely, though: Open-carry demos, in which armed men and women, without provocation, swarm into businesses with their guns in plain sight, including long guns. Chipotle Mexican Grill Inc., Starbucks and Target stores are among the private businesses to stand up to such pointless nonsense.

I have low tolerance for the open-carry let’s-show-’em- who’s-boss, brainless yeehaw-ism that’s been going on lately. From one gun owner to another: It’s not helping. And if the intent is to demonstrate to the world competent, responsible gun ownership, this strategy is backfiring spectacularly.
Even the National Rifle Association indicated that, at least when it first caught wind of the “open-carry demos.” The NRA backed off that stance pretty quickly, however, as it proved bad for business.

In May, the NRA posted a comment condemning Open Carry Texas’ demos as “downright weird and certainly not a practical way to go normally about our business while being prepared to defend yourself. To those who are not acquainted with the dubious practice of using public displays of firearms as a means to draw attention to oneself or one’s cause, it can be downright scary.”

The NRA has since said the statement reflected a staff member’s opinion. (Or was that a former staffer?)
According to its website, Open Carry Texas wants to: “Condition Texans to feel safe around law-abiding citizens that choose to carry them (rifles and shotguns).”

Well, I feel safer already! I know that with enough conditioning I will be able to “just tell” which shotgun-wielding stranger is a law-abiding citizen, and which one is a Felonious Frankie who relies on such naivety as he attempts to blend in, the better to victimize me.

Again, I value the 2nd Amendment. It is vital. It’s also not the only constitutional right. There is a vast difference between exercising a right and being a fetishist who walks around behaving as though his or her rights trump all other rights, of all other people, all of the time.

Whining when those other people try to point this out is singularly unattractive. While I might not have a problem with open-carry for practical reasons, I do have a problem with “protesters” who, unprovoked, decide to pick a fight; who do it for attention, and then complain when they get a fight, and lament that the attention is negative.

The NRA likes to say that the only answer to a bad guy with a gun is a good guy with a gun. The problem is that the public h as few reliable means of knowing, on sight, the difference. And we have the ill-conceived strategies of the open-carry demonstration movement to thank for upping the ante.

Katharhynn Heidelberg is an award-winning journalist in Montrose, Colo.

Published in Katharhynn Heidelberg

Tenth Circuit won’t rehear Salt Creek Case

The U.S. Court of Appeals for the Tenth Circuit will not rehear a case involving San Juan County, Utah, and Salt Creek in Canyonlands National Park.

On Sept. 8, the court rejected a petition from the county and the state of Utah to rehear “en banc” (before the full court) the  April 25 decision of a three-judge panel in the Salt Creek case. That decision had upheld a district court’s ruling denying San Juan County’s claim of an historic “RS 2477” roadway along the creek through the national park. The county had sought to reopen the 12-mile road, which leads to a scenic formation called Angel Arch, and had claimed jurisdiction over the route under the RS 2477 statute, which dates from 1866. The National Park Service had said vehicle use along the creek had been damaging the water and the riparian area, and had closed the road to vehicular traffic in 1998.

Under Utah law, in order to prove an RS 2477 claim, the claimant must show that a road was used continuously for at least 10 years prior to the “reservation” of the public lands it crosses. In the case of Salt Creek, the county needed to show that the road had been used continuously for 10 years prior to the establishment of the national park in 1964. However, the district court ruled that in the 1950s, a visit to Angel Arch was “an experience marked by pristine solitude” and that the state and county had not proven their case that the route was used continuously at that time.

The only avenue of appeal for the county at this point is to appeal to the U.S. Supreme Court.

Published in September 2014

Losing faith in local government

August 2014

The July 7 public hearing on land use in the Dolores River Valley was disheartening for a number of reasons.

One was minor, yet telling: It became clear that none of our county commissioners are familiar with the land-use code, since they were surprised to learn from their attorney about a particular provision in the document.

We realize the code is pretty dry stuff, but we’d think the commissioners would feel obligated to plow through it. Evidently not.

The 2-1 vote at the hearing  in favor of throwing out the system of transferable development rights in the valley  was disappointing, of course. (At press time it appeared it might be challenged in court.) We believe it was contrary to the best interests of the 95 percent of the county that drinks from the Dolores River. It showed a lack of understanding of the relationship between residential density and degraded water quality. It also demonstrated utter disregard for the informed views of people such as the original working group that labored more than 18 months to create the plan; the former county commissioners who approved it and still supported it; the Planning and Zoning Commission, which spent hours and hours reviewing it; and the Dolores Water Conservancy District board members, who are among the county’s most knowledgeable people regarding water issues and who are a far cry from radical environmentalists.

But beyond all this, the hearing was disappointing because it left county residents with the strong impression that they should not bother to give input on critical issues unless their views echo those of the commissioners.

People are still shocked by this decision, and what they are saying is that the 120 or so folks who came to the hearing, the many who provided written comments (which apparently went unread before the final vote), and the 40 who spoke in support of the plan all wasted their time – because commissioners Steve Chappell and Larry Don Suckla were going to do what they did regardless of the input they received.

Now, a public hearing is not equivalent to a public vote. The mere fact that an audience is largely supportive of one view, or that the majority of the speakers favor one outcome, does not mean the commissioners are obligated to follow their wishes. That is not representative democracy. Officials are elected to make decisions using their best judgment. Sometimes they are going to go against the desires of a majority – even a lopsided one – and that is not only their right, it’s their obligation, when they believe the crowd is wrong.

But at the July 7 hearing it became so painfully apparent that two of the commissioners had made up their minds long ago, that it was a slap in the face of the earnest people who prepared careful remarks believing that their comments would actually be heard.

In deciding to discard Chapter 8 of the land-use code, commissioners Chappell and Suckla failed to address any of the very real concerns that had been brought out regarding such an action. Chappell said water quality would continue to be protected because engineered septic systems will still be required in the river valley. Well, engineers have pointed out that even high-tech systems don’t return water to its original, pristine quality. And septic systems are far from the only way that increased density in a riparian area can degrade the water.

Commissioner Keenan Ertel, to his credit, asked for more time to think over the complex issues that had been brought forth, but then Chappell made a seat-of-the-pants motion and Suckla seconded it, forcing the issue prematurely.

The decision might have been easier to swallow if Chappell and Suckla had been willing or able to better articulate the reasons for their vote, but their remarks didn’t offer much to reassure citizens that they’d really thought things out.

Suckla said he cares about water quality because he has children, but he didn’t explain how this concern would be taken care of by doubling the potential number of residential dwellings in the valley. He said he’d changed his mind 10 times on the matter, but he didn’t explain how he came to feel that he was finally choosing the correct course.

Chappell said he was voting in favor of “freedom and liberty” on private land. That would be fine except for the fact that just the week prior, he had voted against freedom and liberty on private land by denying people the right to grow marijuana commercially on their property.

The impression they left was that they had decided long ago and were just going through the motions at the hearing. On such a weighty matter as water quality for the entire county, more thought needed to be put into the decision.

The result is that a sizable portion of the county is saying: Do not waste your time going to public hearings – no matter what your views are. If you support oil and gas drilling, all types of residential or commercial development except those involving cannabis, and the dismantling of regulations, you don’t need to show up, because the commissioners are already going to vote your way. And if you have concerns about things like the environment or water quality, don’t bother coming, either, because the board will turn a deaf ear to you.

So that was the truly sad thing about the hearing. It left people with the lingering feeling that the democratic process doesn’t work for everyone in Montezuma County and that they should not bother becoming involved.

Published in Editorials