Suit filed over TDRs

A lawsuit has been filed challenging the July 7 decision of the Montezuma County commissioners to scrap part of the county land-use code governing the Dolores River Valley.

A new nonprofit group called Protect Montezuma County Water and a county resident outside the valley, Greg Kemp, are plaintiffs in the suit, which was filed Aug. 1 in District Court. A Dolores River Valley landowner was also supposed to be a plaintiff, but the name was not available at press time.

On July 7, after a lengthy public hearing before a crowd of 120, the commissioners voted 2-1 to end the system of “transferable development rights” that had been adopted in December 2003 for the valley. The system restricted residential structures to one per 10 acres in order to protect water quality, but allowed landowners to sell any development rights, or TDRs, they did not want to use. An owner with one house on 20 acres, for instance, could sell the extra TDR to someone who wanted to build another home but didn’t have the necessary acreage.

The complaint charges that the board of county commissioners “abused its discretion, and exceeded its jurisdiction in voting to eliminate TDRS in a fashion that does not indicate understanding of the purpose and function of TDRs. No findings of fact or a basis of other credible information to support the decision of the BOCC was given.”

It also charges that the board “never stated any defect with the TDRs system, other than it confused them.”

“No written findings were made by the Board; no discussion was made of the specific reason for or need to eliminate the TDR that could not have [been] addressed through amendments provided by the planning department,” the complaint further states.

“The decision is not supported by competent evidence in the record.”

The complaint notes that the commissioners had asked the county Planning and Zoning Commission three times to review the river-valley plan, and in every instance the majority of the P&Z members supported keeping the plan as it was.

The suit also notes that of the more than 40 people who spoke at the public hearing, the vast majority supported retaining the TDR system, and that the county’s director of emergency planning, Paul Hollar, spoke about his concerns that eliminating the system could create safety problems in case of fire or flood in the valley.

The complaint calls the decision by the commissioners “arbitrary and capricious.” It states that Commissioner Keenan Ertel, who dissented in the vote, was included in the suit as a member of the board, not as an individual.

The complaint also says that the elimination of the TDR system constituted a “taking” of a private property right without compensation because, “The TDRs created a property interest that was available for purchase by any person or entity, to develop or hold for speculation, for example sale to a third party developer.”

In scrapping the system, the commissioners “also eliminated the right of parcel holders of three acres or more, but less than ten acres, to purchase a TDR,” the complaint states.

The lawsuit sought an injunction to prevent the board from taking any action that would conflict with the land-use code as it existed prior to the July 7 vote. At press time, word was not available on whether the injunction would be granted.

Published in August 2014 Tagged

Saints and sinners

None of us are angels, regardless of our good works and words, and most of us would readily concede this.

But gently pointing this out in a profile of Michael Brown, the black teenager shot to death by a small-town Missouri cop last month, got New York Times reporter John Eligon severely castigated by so-called civilrights leaders, along with the newspaper’s editors for printing what was a well-written and sympathetic article published the day of his funeral.

In the story’s lead, his father recalled that Michael had, not long before his death, phoned home excitedly to tell him he’d seen the form of an angel in some storm clouds, and how this had led his son to begin exploring his spiritual side.

A little further down in the story came the transition that caused the Times’ chicken-hearted editors to pull the story from its web site.

“Michael Brown . . . was no angel,” Eligon wrote before cataloguing the young man’s past indiscretions, which included a security video of him “tussling” with a conveniencestore clerk, pushing him into a display case and taking a box of cigars shortly before his fatal encounter. Eligon also mentioned that the hefty 6-foot teen sometimes used his size to intimidate peers, and made brief references to his occasional use of alcohol and other substances, and his penning misogynistic rap lyrics.

No angel, no devil. Just a pretty typical teenager at the brink of adulthood, a person brand new to the responsibilities and freedoms that come with it. A kid who is going to make some mistakes along with his accomplishments, just like yours or mine.

But such discredited opportunists as Al Sharpton and Jesse Jackson were quick to spring on the words “no angel” as even more proof the establishment media are eager to portray African Americans, particularly young males, as probable hoodlums nowhere near as deserving to live as the rest of us.

They and the mob of angry twitterers who reacted with horror at this latest affront to black sensibilities were themselves only too eager to take this one phrase totally out of context to imply Eligon was dissing his bro (Eligon is black as well, you see), apparently as part of the pervasive, callous disregard they believe the majority holds for minorities.

From reading a few of the tweets, it is obvious those riled up by the story wanted an unflawed, cosmetically enhanced portrait of Brown done in the style of Medieval painters who adorned their subjects with a halo and other trappings of sainthood to please the family from whom it was commissioned, never mind what they actually looked like.

But none of the angry critics pointed out any factual errors in the story, nor offered a scintilla of evidence that its intent had been mean-spirited. It was, in fact, the truth told in an artful and compelling style that made them mad.

But it was also telling the truth about the young man that made his profile so bittersweet and tragic.

Ironically, many of the tweeters tried to make the same point that Eligon had much more eloquently and thoughtfully, since he wasn’t confined to doing it in a couple dozen words. The gist of most tweets was that even if Brown wasn’t an angel, he didn’t deserve to be shot down in the street. (Maybe if they had read more than the first few paragraphs of the story. . . )

Neither was Brown a martyr, as some of his champions are now painting him. He didn’t die fighting for a cause or to make a statement about this country’s lack of justice for all, even though his death underlines this sad state of affairs.

He was just a teenager trying to make his way in a world of confusion.

And that is the point – not that he was perfection personified and that is why he shouldn’t have been gunned down. Not that he was the best kid to ever come out of Ferguson. Or that he had great promise as a medical researcher, or planned to devote his life to the poor. He was what he was, and Eligon did a great job describing this, and not one for which he should have been censured.

But business is business. Margaret Sullivan, an editor of the Times, gave Eligon a half-hearted defense while stressing that that “no angel” was a “regrettable mistake” and that the timing and placement of the story were questionable as well.

Eligon himself said his choice of words was unfortunate, and that he wished he’d said Brown was “not perfect,” instead.

Yeah, it’s not a perfect world. And it’s not full of angels, regardless of color. (And I don’t know how to tweet.)

But when people become so outraged over the trivial, it trivializes the issues for which outrage is genuinely merited, such as unequal justice, racism, and the gunningdown of an unarmed teenager – any teenager — by a police officer.

David Long writes from Cortez, Colo.

Published in David Long, September 2014

Privatizing public lands would make no sense

There seems to be a movement afoot lately to turn control of our public lands over to states and counties, with the idea that this would somehow give greater freedom in the way those lands are managed. Don’t these people realize that if we hadn’t set aside the tracts of mountain and forest, desert and lake, that make up our national parks, national forests, and BLM lands, all of these places would be owned by corporations or private monied persons that would charge steep amounts for access (if they granted any)?

Yet there are people who say there should be no federal public land, it should all be either privately owned or owned by the states and counties. I guess that way we wouldn’t have to maintain these areas and their roads and pay those nasty forest rangers. I for one am grateful that we can enjoy Yellowstone Park, Glacier National Park, Yosemite, the San Juan National Forest, Canyons of the Ancients National Monument, Hovenweep, and more.

Ask the Texans why they come up here to hunt. They have plenty of deer down there, but no place to hunt them. Let me relate an experience I had in Texas years ago. A colleague I knew lived in Houston. I dropped in for a visit and he insisted I go goose-hunting with him, as he belonged to a hunting club that leased a portion of private land for hunting purposes. My friend paid $250 a year in membership (and this was quite some time ago – I’m sure it would be much more now).

First, he had to call the chairman of the board and request permission to bring a guest (me). I paid $50 for one day of shooting, over and above the license, then there was a fee of $10 a bird.

It was a fun day – a lot of camaraderie, whiskey, and conversation. We hid in blinds with trapdoors sunk into the marsh, provided with padded seats and hot coffee. It was not exactly the hunting I did as a youngster in Minnesota, where I would go to public lands and crawl on my belly in mud and cattails to get a shot.

But the idea of being so restricted put a damper on the outing. I got one goose and I’m not sure what I even did with it. I never repeated that experience.

There are a lot of other, larger ranches privately owned in Texas where for an exorbitant price one can even kill a zebra, wildebeest, or other rare animal. But I don’t consider it hunting, just shooting fish in a barrel. That’s what happens when you give up public lands.

We ought to be proud to have and support all these acres of national forest that surround us. It’s one of the reasons many people move here. It befuddles me when all the supposed patriots waving Chinese-made American flags say they love this country, yet recoil in horror when asked to support it through the paying of taxes. They like to mention the preamble of the Constitution and the phrase, “We the People.” Well, we the people purchased these lands from various foreign regimes – the Louisiana Purchase, Seward’s folly and more – and we did it to further our nation, not for the benefit of private corporations and billionaires.

What do people think would happen if we gave our national forests and BLM lands over to the state? Why, it would sell them off as fast as possible to balance its budget. Then where would we gather firewood, ride ATVs, go for hikes and picnics, and hunt deer? Guess we’d have to join a private club like my friend in Texas. Yeah, that would sure save us some money.

Galen Larson writes from Montezuma County, Colo.

Published in Galen Larson

Fork in the road battle? Montezuma County is moving to take a tougher stance with federal agencies in disputes over access on public lands

HAY CAMP MESA ROAD S

Montezuma County is placing signs on historic routes across public lands in an effort to establish its jurisdiction over them. Photo by David Long.

After years of pressure from motorized-use advocates and critics of the federal government, the Montezuma County commission is taking an increasingly tough stance in its dealings with the Forest Service and Bureau of Land Management.

Recently, the commissioners directed the County Planning and Zoning Commission to take a look at revising the county’s comprehensive plan so that it will, in the words of Commissioner Larry Don Suckla, have “more teeth” in regards to dealing with federal agencies.

On Aug. 28, P & Z Chair Dennis Atwater told other members of that board that they should review Chapters 12, 13, and 14 (on “Federal Lands in Montezuma County,” “Intergovernmental Relations,” and “Plan Implementation”) of the comprehensive plan with an eye toward revising them.

He said when the comp plan was adopted in 1997, “we had a working relationship that was good” with the federal agencies, but “now we don’t.”

The effort comes as the county has begun erecting signs on old routes across public lands that say “Historic Right of Way,” to indicate that the county has jurisdiction over the byway.

The county is also pursuing a legal claim to the Dolores-Norwood road – even though officials with the Forest Service, which currently manages the road, have offered to grant the county a permanent federal-lands highway easement that would give the county jurisdiction without going to court. The commissioners have said they want to pursue their claim under a federal statute known as RS 2477, both to establish a precedent and because the Forest Service could theoretically revoke the easement in the future.

RS 2477 dates from 1866 and states, “the right-of-way for the construction of highways across public lands not otherwise reserved for public purposes is hereby granted.” It provided for counties and states to have a right-of-way across federal land when a highway was created. It was repealed in 1976, but claims for roads prior to then remain valid. For years, the Montezuma County commission has heard the concerns of a coalition of motorized-use advocates and foes of the federal government who believe the land-management agencies are flagrantly overstepping their authority.

ROAD CLOSURES SIGNS AT HAY CAMP MESA

Road-closure signs such as this one on Haycamp Mesa near Dolores have caused concern among some advocates for motorized use. Photo by Gail Binkly

“We believe and submit that over the past five years we have provided documentation that reflects beyond question that the Board of County Commissioners has the authority, jurisdiction and duty to keep public roads open for public travel,” states a four-page document presented to the commissioners on June 23 by the Southwest Public Lands Coalition, a nonprofit advocacy group. “Further, that Federal Agencies, namely the BLM and Forest Service have closed and decommissioned many public roads in flagrant violation of Federal Acts, State & County Laws while even ignoring their own regulatory procedural manuals and direction. . . .” The coalition and Atwater, who is also its chair, have urged the commissioners to take a more aggressive stance in discussions with the Forest Service and BLM.

“We are asking you, ‘Please enforce and protect our rights which are clearly within your authority.’ Please do not allow the Federal Agencies to delay and obfuscate,” states the document presented to the board and signed by Atwater.

The paper states that the Forest Service has closed roads on Haycamp Mesa that were not set for closure in the current travel management plan and that the agency is “demolishing roads” on the Boggy Draw-Glade area in violation of the travel plan.

The document also states that the coalition wants to reopen historic RS 2477 roads on Haycamp Mesa including the “Stock Drive” and “Old Wagon Road.”

But public-lands officials say they are more than willing to work with the county, though they may disagree over certain aspects of the law. They say they are not closing roads willy-nilly, but only when closures make sense or are called for in travel-management plans.

There has not been any recent spate of closures, said Derek Padilla, the San Juan National Forest’s Dolores District ranger, in an interview with the Free Press.

For instance, the two roads cited by the Southwest Public Lands Coalition as “RS 2477 Historical Roads” on Haycamp Mesa have been closed for at least four years, Padilla said, well before he arrived at the Dolores District some 2 1/2 years ago.

He said he has never actually seen the routes.

Likewise, Tom Rice, recreation program manager with the Dolores District, and Chris Bouton, a specialist in trails, wildlife and dispersed recreation, said there hasn’t been much road-closure activity in the Haycamp area recently – not since 2011 or so. Bouton said most closures on Haycamp occurred from 2008 to 2010.

And regarding the Boggy-Glade area, the forest officials said, the closures have been of a few routes that were not part of the official system.

TIRE MARKS IN THE GLADE AREA

Tire tracks mark a meadow in the Glade area of the Dolores District of the San Juan National Forest. Agency officials say boulders sometimes have to be placed to discourage such off-road motorized use. Photo by Gail Binkly

“A couple of the closures are routes that are not part of the road system, which were closed recently with boulders, due to the impacts to some parks in that area – some nice parks or meadows that were starting to get damaged by people going into those off-season,” Bouton said.

As far as the historic roads on Haycamp Mesa, Rice said he wasn’t sure which specific ones the coalition was referring to. “There were lots of wagon roads and stock drives that had existed at some point,” Rice said. “A lot of trails were old stock drives; a lot were just generically referred to as the ‘Center Stock Drive’.”

Bouton said there were some old roads identified as potential RS 2477 routes, “but it’s really in the county’s ballpark to make an assertion in court because the Forest Service doesn’t make those claims.”

That’s one of the key areas of disagreement between the agencies and the access advocates, who argue that routes should be assumed to be historic RS 2477 byways unless proven otherwise.

The federal agencies say it’s up to other parties to make a legal claim that a route is historic under the old statute, and to prove it in court.

Padilla said the fact that Montezuma County is putting signs on certain old routes doesn’t affect how the Forest Service views or manages those roads. “Since I’ve been here, what I’ve asked of the county is to identify specifics,” he said. “If there are roads the county strongly feels are under county jurisdiction because of 2477, we’re willing to work with them on identifying whether those are truly county jurisdiction roads, but they still have not approached the Forest Service to say, ‘Here’s the two roads we feel are a question.’ They’ve been taking this general approach, saying the Forest Service has no right to close roads.

“They have not specifically requested a meeting to talk with us about these two roads. As soon as they do that, we’ll have that discussion. if we disagree, then they’re within their rights to pursue 2477 or another course of action that’s legally recognized.”

In contrast, he noted, Dolores County has adopted a more pragmatic attitude in its discussions with the federal agencies. The Dolores County commissioners said they believed their portion of the Dolores-Norwood road should be under county control and accepted the agency’s offer of a permanent easement, “and they now have control,” Padilla said.

Likewise, during discussions over road closures in the Boggy-Glade area, Dolores County officials approached the Forest Service “about specific routes their constituents felt were important for the traditional reasons – firewood, hunting – and we actually changed the [travel plan] decision based on the cooperation and coordination we had with Dolores County,” Padilla said.

“There were two or three different routes in the Boggy-Glade area they thought were important, and we said, ‘Those are roads we can add back in.’ We saw them as redundant but if people say they provide a loop [travel] all. . .,” he said.

Redundancy is one of the main reasons roads are closed, Padilla said.

“When you have two roads within a quarter- mile that go to the same place, what’s the need to have two roads that basically parallel one another and don’t provide a new recreational opportunity? It adds to our maintenance workload.”

A major concern, too, is providing undisturbed wildlife habitat. “Lots of research shows that effective wildlife habitat needs to be free of disturbance in a large area, at least 250 acres, for the habitat to be effective – for them to remain there and not run off because of disturbance.”

Motorized vehicles aren’t the only thing that can be a disturbance, Padilla said. “It could be mountain bikes. We want to provide some of those large areas as a refuge for large wildlife to be able to retreat from roads and not have to keep going and going.” Other routes may be closed to protect archaeological resources or watersheds. “If a road is along a creek and it’s providing the opportunity for a lot of sedimentation into the creek and there is not an opportunity to relocate the road and there’s another one nearby, we’ll close the one.”

Other closures involve old logging roads.

“Some timber sales were closed out recently that included road construction when the timber sale was active,” Padilla said. “The intent was always to close those roads, whether they had been in existence before or were newly created, because they were only supposed to be temporary in nature.”

Some such roads on Haycamp were being used by the public in the past because the previous travel-management map allowed cross-country motorized travel, a practice now ended by the Forest Service nationwide. “Because they were in an ‘F’ [open to motorized] area, a lot of old timber roads were being actively used, but now that we’ve gone through travel management and have not identified those roads as part of the public system, we have gone back in and closed those roads though they may have been used before,” Padilla said

He said if people had concerns about leaving particular roads open to motorized use, they should have had that discussion with the district when the travel-management plan was being developed for the Mancos- Cortez area some five years ago.

He added that people sometimes may be confused by “administrative use” roads that were gated but left intact, with an eye toward future timber harvests. “If a sale was done 20 years ago, the thought was, instead of reclosing those roads we’ll just put them in a storage status not available for the public, so when we come back 20 years from now to harvest more trees we don’t have to create a new road.”

Another area of disagreement between the federal-lands agencies and the constitutionalists is who ultimately determines when a public-lands road should be closed. Contrary to what may seem intuitively logical, the motorized-use advocates say it’s counties that ought to decide which, if any, roads are closed, even on national forests and BLM land. They cite state statutes they believe give states and counties authority over roads, even those on public land.

Furthermore, they say, counties need to be able to review and possibly nix plans made by the federal agencies if they conflict with what counties want.

In 2013, commissioners Steve Chappell and Keenan Ertel expressed concern about the possible legal expenses when they were asked by the Southwest Public Lands Coalition to pass a resolution asserting county control over roads on federal lands.

But recently the commissioners asked their attorney, John Baxter, to draw up a draft of such a resolution.

At the Aug. 28 P & Z meeting, Atwater said, “When a federal entity proposes something in its land-management plan that is going to impact the county. . . what has to happen is they need to come to the county in the beginning when they’re first thinking about it and bring the idea [and]. . . sit at the table as equal partners in the discussion.”

He emphasized that “coordination” with counties, which is called for in federal regulations, is different from simply taking public comment.

Atwater also said the county’s comprehensive plan is what courts will look to when making decisions about disputes between counties and federal-land agencies.

“What rules the roost is this plan,” he said.

If the agencies propose something that is not consistent with the comprehensive plan, he said, then the Forest Service or BLM must “submit an amendment to the board of county commissioners to amend this plan to be consistent with what they want to do.”

The commissioners would then hold a public hearing to decide whether to amend the plan.

Atwater called for the P & Z board to set up a work session in coming weeks to go over the key chapters in the comp plan.

Padilla maintains that Forest Service officials are open to discussions about important issues and are amenable to compromise when it makes sense. However, he said he has the impression the motorized advocates don’t want any roads closed at all.

“I think they would like us to leave everything open out there. They say they understand not every road needs to be open, but we want to hear, what roads are you willing to work with us to close?”

He noted that the Dolores District showed a willingness to bend when it bucked a nationwide trend by continuing to allow hunters to use motorized vehicles to retrieve game in certain areas. That policy is going into its second hunting season this year, and he is cautiously optimistic that a lot of non-hunting riders haven’t been using game retrieval as an excuse to go cross-country.

“Last year was mostly education,” Padilla said. “This year we’re going to step it up a little more with a little more enforcement, but we’ll still be in the education mode. By Year 3 people should have got it, and 4 and 5 will be the years when we’ll determine whether this is a success.”

Padilla emphasized that he is interested in specifics.

“We’re more than willing as an agency to work with the commissioners with respect to specific issues that they have, but we need to talk about actual roads on the ground. Speaking in generalities makes it difficult to have that conversation.

“If we’re talking about whether we’re ‘coordinating’ or not it doesn’t get us anywhere. We just need to coordinate.”

Published in September 2014

Turning a fresh page: Cortez’s sole bookstore reaches out via social media to tout its diverse, plentiful inventory

CORTEZ'S ONLY BOOK STORE, "BOOKS"

Cortez’s only bookstore, simply called Books, is revamping its marketing to keep pace with changing times, but continues to provide a plethora of reading material. Located at 124 Piñon Dr., the store will have a tent sale on Sept. 6 and 7 that is in part a fundraiser for the Four Corners Child Advocacy Center.

Imagine a life without books. For many folks this may be easy, while for others, it’s unthinkable.

For centuries, books have provided education, entertainment, distraction, religious instruction, and fantasy. They’ve even been used as paperweights, booster seats, or home décor.

But is their time coming to an end?

Libraries are suffering budget cuts, while teachers bemoan the fact that their students don’t read.

The bookstore chain Borders has gone bankrupt, and the sight of people staring at a smartphone is more common than people with their nose in a book.

In Montezuma County, where do you even go to buy a book? Do you cruise the scanty shelves at Walmart, search boxes at yard sales, peek at the racks provided in a few local markets and coffee houses? Do you order online? Or do you search out regional bookstores such as Maria’s in Durango, Between the Covers in Telluride and Back of Beyond in Moab?

More importantly, did you know that Cortez has perhaps the best (besides being the only) bookstore in our region, simply and aptly named “Books”?

Located on the west side of Cortez on Piñon – the spur linking Broadway (Highway 491) with Cortez’s Main Street – the store is painted bright yellow. It provides ample parking in back, as well as comfortable chairs, plants, and a welcoming atmosphere.

While many people are buying (and reading) their reading materials online (think Kindle, Nook, iPads and e-books) others remain dedicated to words printed on paper. Some say a town isn’t really a town unless it has a bookstore. Alexander Wooley, a writer for the Huffington Post, notes that used-book stores are indicators of a city’s health and touts the fact that secondhand shops in New York City quadrupled under Mayor Bloomberg.

Yet many predict that the bookstore experience will become obsolete in the near future, primarily because of the growing popularity of electronic readers, but also because reading is not as popular a leisure activity as it used to be.

Yale Fyler, the owner of Books for the past 15 years, has noted the change. “What I saw when I first bought the store was that the elderly and retired folks came in regularly and bought 10 or 20 books a week.” Their purchases, mostly consisting of what Fyler calls “leisure reading,” kept the store afloat.

But as the older generation passes on, there are fewer readers to take their place.

Still, Fyler, who sees value in being able to browse, is not ready to give up.

In 1999, he bought the bookstore as a retirement option, planning for the day when he wouldn’t be able to work in a physically demanding job. He moved the store to its current location on Piñon, increased the inventory, built all the shelves himself, and brought in new books in 2001.

With more than 100,000 books (“Nobody really knows how many volumes we have,” says Fyler), the store has an amazing variety. Over time Fyler customized his inventory to his clientele, and the new-book room features a diverse and intelligent selection of regional material, natural and cultural histories, field guides and an excellent “how to” section.

But it’s the used-book inventory that is truly remarkable. The bookstore is “bigger inside than it is outside,” laughs Megan Coxwell, who does marketing for the shop. Walking through that half-mile of shelves, one can find books about art, woodworking, geology, science fiction, cooking, astrology, gardening, fitness, babies, animal husbandry, auras, general fiction, biography, history, selfhelp, adventure, sports, medicine, alternative healing, herbs, hunting, folk music, and automotive repair. There are Time-Life sets, collectible books, reference books, and sheet music. There are two rooms full of paperback mysteries, and one room dedicated entirely to romance novels.

Not a big Internet user himself, Fyler hired Coxwell in May to help with the social marketing aspect of the business. “When I came on, I wanted us to join IndieBound and the American Booksellers Association,” explains Coxwell. ABA is a not-for-profit trade organization dedicated to the support of independent booksellers nationwide, providing education, advocacy and marketing information for independent bookstore owners. IndieBound has the same kind of support for its members, with a bit more focus on activism. Books has now joined both of these organizations, and Coxwell is on a mission to inform the community of the value of buying from a locally owned and operated store.

She says people may not think about the option of looking at a local store first.

“They think Amazon is cheaper or faster,” she notes, “but we can usually get a book in the same amount of time, and our customers won’t have to pay shipping.” Indeed, many Books customers call to see if the store has a particular volume they’re interested in.

“We will go and look on the shelves for the book for you, if you don’t have the time,” says Fyler.

Coxwell plans to promote the bookstore through new and varied channels. Fyler, who advertises in tourism brochure racks and the phone book, already gets lots of business from tourists, who see his store as a “gem.”

Coxwell acknowledges the benefits of tourism, noting, “We want our town to be a destination.” But in addition, she wants local residents to take advantage of what the store provides. “I want to hear from people,” she says. “What do you want to read?”

To this end she started a Books Facebook page, which you are invited to join. It’s at https://www.facebook.com/pages/ BOOKS-in-Cortez/1424769444455053.

Coxwell sees what she calls “a new wave of localism.” Having been involved in the local-food movement, she thinks area residents just need a bit of education about how buying from a locally owned, independent bookstore supports the entire community.

“Why buy local? You are supporting the local economy. You support free speech. A lot of people understand local when it comes to food, but the same principles apply when it comes to books.”

Coxwell is animated, her eyes lighting up. “When you buy a used book, and return it for credit, and buy another, you are recycling, besides supporting a local business.”

Customers can return the books they’ve read, and receive a store credit for one-half the purchase price. “We do ask that people bring us books in good condition,” Fyler says. Most books are eligible for the store credit, but many people are just happy to have a place to take the books where they may be useful.

Instead of throwing money to yet another giant corporate entity such as Amazon or Walmart, buying from Books keeps the money in your own town. “It’s sustainable,” Coxwell says.

Indeed, across the nation, in response to the electronification of information and the demise of freestanding locally owned bookstores, a new movement is growing, evidenced through the IndieBound website. Coxwell is excited that Fyler has agreed to join the movement. At Books, the new-book room has been updated, and while it continues to showcase local and regional books, there will also be books from the IndieBound bestseller list. This list is compiled by IndieBound stores based on customer choice. Titles featured on National Public Radio will also be in stock. The children’s section is being expanded and updated as well.

You can come to Books and spend an afternoon browsing. You can call the store and have them order something you want, and it will arrive at least as fast as if you clicked in your order on the Internet. You can also call and have someone look for a book and call you back if it’s on the shelf. You could find the most recent volume by Craig Childs, Malcolm Brooks, Gillian Flynn, Diana Gabaldon, or anyone else on the IndieBound bestseller list. Perhaps you could find the Chilton’s guide for your 1983 Chevy pickup, or an old copy of “Goodnight Moon” for your grandchild.

Books will be having a tent sale on Saturday and Sunday, Sept. 6 and 7, from 9 a.m. to 6 p.m., in the parking lot behind the store.

Inside the tent you’ll find super deals, with books priced up to 75 percent off. Inside, everything in the store will have a 10 percent discount. A percentage of proceeds from the sale will be donated to the Four Corners Child Advocacy Center, to promote reading among youth. The store will be donating books to the center as well. They’ve also got an expanded and renewed display at Let it Grow in Cortez.

Cortez’s only bookstore is alive and well. Support your local economy, support free speech, help build a sustainable community, recycle, and promote independent thinking and living by stopping in to browse. And if you’re surfing the web, go ahead, Books is online too. “Like” them on Facebook (after you’ve stopped in!).

Published in September 2014

Spreading a message of hope: The Piñon Project is offering a program that uses both schoolkids and adults to prevent suicide among youth

Suicide is the ultimate expression of hopelessness. It’s tragic at any age, but there is something especially heart-wrenching about suicide among the young.

That’s why the Piñon Project is working to implement a program throughout middle schools and high schools in Montezuma and Dolores counties that is designed to promote coping skills and spread the message that there is hope.

Using a $15,000 grant from Colorado’s Office of Suicide Prevention, officials with the Cortez-based nonprofit are working with school officials to launch a suicide-prevention program called “Sources of Strength” that uses both adults and youths.

The need is acute, according to Kelli Unrein, youth program director with the Piñon Project.

“Suicide in general, not just youth suicide, is a particular concern in our neck of the woods,” she said. “We – Montezuma and Dolores counties – always rank extremely high when it comes to suicide, and it’s not just youth — it’s males, it’s veterans.

“We had to pick an area where we wanted to focus, and we chose to focus on youth. But suicide doesn’t target one group, it targets everybody.”

In 2012, there was a record-high rate of completed suicides in Colorado of 19.7 per 100,000, according to the Office of Suicide Prevention’s annual report for 2012-2013.

“This is the highest number and rate of suicide deaths ever recorded in Colorado, and represents a 16 percent increase over the number of deaths in 2011,” the report states.

There were 1,503 suicides reported among Colorado residents in 2012, and 11 of those were from Montezuma or Dolores counties, Unrein said, making the local rate almost twice as high as the state’s.

Colorado consistently ranks among the top 10 states nationwide for its suicide rate. And although the statewide incidence of suicide was highest among Coloradans aged 45 to 64, according to the 2012-13 annual report, suicide was the leading cause of death for those in the 10- to-34 age bracket.

Adolescence is a difficult time, and surveys reflect that.

The 2011 Healthy Kids Colorado Survey, which is given in schools, found that 21.9 percent of high-school students in Colorado reported feeling “so sad or hopeless almost every day” for at least two weeks in a row over the past 12 months that they stopped doing some of their usual activities. Even worse, 14.8 percent reported seriously considering suicide, and 6.1 percent attempted suicide one or more times.

Those numbers were higher locally, according to Unrein. The Healthy Kids Colorado Survey found that 27 percent of youth in Montezuma County reported feeling sad or helpless almost every day for two weeks or more, 17 percent said they’d seriously considered suicide, and 10 percent attempted suicide one or more times in the past year.

And those statistics may be low, Unrein added, because they involve self-reporting.

“These surveys are given in school, so the kids have to be in school that day to take them, and we know our most at-risk kids are often not in school, so often they are not counted in these surveys.”

Just this summer there was a teen suicide in the local area, she said.

But with the grant, which is for middle and high-school-aged youth in Montezuma and Dolores counties, the Piñon Project will be working to implement an evidence-based program called “Sources of Strength” in local schools.

The program has several different focuses, Unrein said, but one key goal is increasing eight protective factors that decrease the risk of social isolation – which can contribute to depression and suicide.

Those factors are:

  • Family support • Positive peer influences/positive friends • Mentors • Healthy activities • Generosity (which Unrein said links into feeling connected within one’s community and school) • Spirituality • Medical access • Mental health

The first step in implementing the program is obtaining administrative approval. Then the school administrators tell the Piñon Project’s advisers whom they want to become adult advisers within the school.

“These could be teachers, mentors, advisers, or volunteers,” Unrein said. These adults are given “QPR” training (question, persuade, response) so they know what to do if they learn that a youth is thinking about suicide.

Then those adult advisers, along with trained staff from Piñon, will recruit peer leaders.

“We would love to have 10 peer leaders from each school,” she said. “We want them from across the spectrum, from all kinds of students. Those 10 students with the two adult advisers will meet for one hour a month, whether during their lunch, after school, whenever – they decide that, because each school is different.”

Both the adult advisers and the peer leaders will be trained about the sources of strength and the warning signs of suicide.

“We’re not training them to become mental- health professionals,” Unrein said, “but about the eight protective factors. If each one of those students talks to five friends about sources of strength and they talk to five friends, that’s how you begin that culture shift.”

The peer leaders will also be taught to seek help from an adult if they believe a student is depressed and/or contemplating suicide. “Youth are more likely to tell other youth if they’re thinking about suicide, so this is designed to break down those codes of silence by connecting them with adults – the adult advisers and mentors. We want teens to begin seeking help from adults, or if a teen hears of someone else needing help they will go talk to them.

“The program focuses on positive health-seeking behaviors within students and positive coping behaviors.”

Peer leaders will also develop activities to spread a message of hope and awareness, whether through social media, pep rallies, posters, or something else. “They’re building a new culture of hope and strength within their school. The sky is the limit,” Unrein said. “The power is that the kids are leading it. Kids know kids best.”

Currently, the Piñon Project has commitments from the Mancos School District and Montezuma-Cortez High School to implement the program, and is talking to other schools.

“We’d love to partner with Dove Creek, Mancos, Dolores and both the Cortez high and middle school. Right now we have commitments from Mancos and MCHS and we’re certainly talking to other schools and answering questions.”

After administrative approval, the next step is providing QPR training for the adults. Then comes the recruitment of youth from each of the participating schools.

“By November we hope to complete the Sources of Strength training for both kids and adults and then we’ll roll out the program,” Unrein said.

It’s possible the program can be funded again in the next two years for a total of $45,000 in grants, she said. “We will have to be meeting outcomes to get re-funded.”

Unrein said she believes the program will become stronger as time goes on. “It’s a process, so the longer it goes, the more powerful it becomes. The hope is that over time the Sources of Strength program will change the culture within the schools.

“We’re super excited.”

 

Published in September 2014

McElmo Canyon ‘megatransect’: An intrepid duo sets out to explore the length of the creek on foot

In a 1999 issue of National Geographic magazine, journalist David Quammen and photographer Michael Nichols chronicled the 1,200-mile “megatransect” of conservationist J. Michael Faye across Africa. Over the course of a year, Faye slashed his way from northeastern Congo to the coast of Gabon on foot, passing through impenetrable forest and swamp with the aid of 10 machete-wielding pygmies.

MCELMO CREEK

The creek takes a bend, with Sleeping Ute Mountain in the background. Photo by Ole Bye

“Behind this mad lark lay a serious purpose— to observe, to count, to measure, and from those observations…construct a portrait of the great central African forests before their greatness succumbs to the inexorable nibble of humanity.”

He chose the name megatransect to represent his odyssey – “transect as in cutting a line, mega as in mega.”

In that same year, my friend Ole Bye and I, both high-school seniors, (he in Vermont and I in California) independently burned through Quammen’s first installment of the conservation epic with the same fervor as if we were reading a Jules Verne adventure novel.

Sixteen years later, it’s 7:30 a.m. on Aug. 7, 2014. Ole and I leave a vehicle near the turnoff for Phil’s World Mountain Bike Trail east of Cortez off Highway 160, after dropping his white box truck in the parking lot of the Hawkins Preserve in Cortez.

A photographer and Southwest Farm Fresh Cooperative manager, Ole Bye tucks down a slick drop of sandstone into a wash with his Toto-esque pup, Maddy. They enter a cubed cement overpass covered in mineral stains and faded graffiti and I follow – our boots sucking deep into one of many gasping mud bogs within seconds.

Mutually inspired by Faye’s 1999 excursion, we endeavor to explore McElmo Creek from the inside out, top to bottom, and from end to end. More micro than mega, our eight-hour traverse through the mainvein drainage proves a pleasant, indelible slog that reveals the ways in which water has shaped this dry corner of the West.

McElmo Creek, a tributary beginning just east of Cortez in Montezuma County, flows roughly 70 miles to the San Juan River in Utah. Once nothing more than a seasonal stream, its banks grow wider and deeper with each gnawing storm and its story emerges in bas-relief from crumbling sandstone walls and the abandoned relics of 19th century agriculture.

The same question arises as we pass around each gooseneck bend: What happened here? In some caches the creek perks with wetness where water travels underground, flowing invisible below rushes and reeds. Sienna and ochretinted cascades form tiny rivulets over slickrock and stone-hard mud. A “Smut Line” of organic debris streaks the walled banks, showing evidence of a recent deluge, in some points reaching heights of over six feet. The ubiquitous mud soaks in at the sockline and stays, trapping feet in pockets of moisture for the remainder of the day.

Invasive tamarisk pistol-whips the unsuspecting face while Russian olive stabs deep into grasping palms. A glaze of pristine mud, like chocolate frosting, reveals the zigging tracks of a million tiny lives: insects, rodents, amphibians, birds and reptiles scampering waltzes of courtship and survival.

McElmo Creek alternates between wide tracts of water and vegetation to a constriction of steeply sloping, nearly impassable channels. Nestled within its moderate depth, one is completely removed from the highway’s hum and the distant clack of earthmovers near the county fairgrounds.

As we ascend from a muddy base to the upper cliff edges, the world expands into a 360-degree orb of monumental geography. No longer face-to-face with a microcosmic scene, the eye’s lens telephotos in and out, scanning the La Platas, Sleeping Ute Mountain and the exceptional ridge running west from Mesa Verde’s Point Lookout.

Colors are soft, gently muted, resembling a hand-colored daguerreotype from the late 1800s. The juxtaposition between the creek’s intimate interior and the grandiose expanse of the landscape beyond is striking, as is going from the quiet isolation of nature into the zooming hive of human industry. Cresting the rim, suddenly there’s the highway, the buildings, the people and the curious glow of a propane flare. There are angles and sharp edges, artificial colors and muffled explosions from a distant shooting range.

Above, there’s incessant movement while below, a velvet silence is punctuated only by the twitter of birds, the rustle of leaves and the subtle fountain of water over earth. There is stillness, except for the disappearing rump of a deer or the aerial acrobatics of small birds. A family of boorish raccoons flatten their ears with disgust as their crawfishing efforts are interrupted and a startled Pterodactyl-like heron alights, seeking solace.

In the upper chamber of the creek lie the silent monuments of 19th century irrigation efforts. A decaying flume, once carrying water from the Dolores River to Cortez via the Trans-Mountain Diversion built in 1879, is now a carcass of wood and iron ribs suspended above McElmo Creek – water engineered over water. At another site, the superb masonry of a ruined bridge has become the canvas for 21st century graffiti pictographs.

Bob Bragg, former professor of vocational agriculture at San Juan Basin Technical School, has been exploring the history of water and agriculture in Montezuma County since he moved to the West from Michigan in 1976. Having contributed numerous articles to Farm Progress as well as other publications, he now co-hosts the weekly radio program “Ag, Markets and More” on KSJD Dryland Community Radio.

“The McElmo Creek we see today is much different from how it would have looked prior to 1879, when construction began on a mile-long tunnel diverting water from the Dolores River to the Montezuma Valley,” Bragg said. “Before that, McElmo Creek was a seasonal stream – adequate for subsistence living, but not sufficient for producing large quantities of food.

“For part of the year the creek provided a water source for the Ancestral Puebloan people dryland-farming in the area, but it could not have supported a large agricultural effort on its own. You would need a thousand- year storm to have enough naturally occurring water in McElmo Creek to cause the kind of erosion you see today from over 100 years of flood irrigation in the valley.”

HISTORIC FLUME ON MCELMO CREEK

The remains of an historic flume across McElmo Creek. Photo by Ole Bye

In a 2008 essay titled, “Eastern Capital and Frontier Initiative: The History of the Montezuma Valley Irrigation System,” Maureen Gerhold describes how funding from East Coast investors combined with the innovative pioneer spirit contributed to the settling of Montezuma County through the construction of extensive irrigation projects.

“Montezuma Valley… was ideally suited to growing fruit, due to the elevation, the southeast orientation of the valley ridges and the sunshine and cold nights. Conversely, the adjacent Dolores Valley, with only a thin strip of bottomland, was unsuitable for large-scale irrigation agriculture. The Montezuma Irrigation System…represents one of the earliest large-scale, privately funded and continuously operated irrigation projects in the southwestern United States.”

Beyond the naturally occurring flow of streams and seasonal flooding, agriculture and irrigation have carved McElmo Creek down and around, creating a meandering stretch that’s ever changing in tandem with the whims and needs of humanity.

The torrential drama that unfolded during a recent storm pummeled wide swaths of cattail and grass until they bent at their base to lie flat against the mud. Mysteries of erosion raise the question once again: What happened here? At the edge of a 15-foot cliff, the sandstone gives way and truckloads of earth cleave off to the creek below. Flowing through the cement basin of an antiquated aqueduct littered with logs, blocked water devoured the sides, eroding deep chasms and secret pools dotted with the footprints of thirsty creatures. The banks crumble easily, exposing cool, virgin sand and the roots of fragrant sage. Each new storm takes its pound of flesh from the soft walls, giving the creek a new profile and widening its ability to provide sanctuary for wildlife.

COLLAPSED BRIDGE ON MCELMO CREEK

A collapsed bridge forms a canvas for modern-day artistic
endeavors. Photo by Ole Bye

Approaching Cortez, evidence of humanity increases from scattered sherds of Ancestral Puebloan pottery to cascades of tires and mounds of garbage. In one creek-front area a strong “STEER CLEAR” vibration emanates from a cluster of abandoned doublewide trailers surrounded by a perimeter of jagged debris. Seven hours in and somewhere between 8 and 10 miles of switchback slogging, the creek has thickened with waterloving plants that make interior passage challenging. Its flow deepens and without waders or mud boots, traveling becomes muddier, wetter and less appealing. After consulting the iPhone “Pocket Oracle” it’s confirmed that Hawkins Preserve and a day’s end is less than a mile west.

Wet, tired, scratched, pierced, itchy, hungry, parched and awed… Ole, Maddy and I climb the banks of McElmo Creek one last time, concluding the first leg of our 70-mile Megatransect. The next installment of our adventure has yet to be decided and is met with some trepidation as we gaze at Sleeping Ute Mountain and the skyline beyond… the end of McElmo Creek in Utah a seemingly endless distance to the west.

Back at Hawkins Preserve the box truck engine revs, and through the outskirts of Cortez it rolls us toward frothy beverages, live music and a good night’s sleep. Once a seasonal sliver of moisture in the desert, McElmo Creek has become a cultural and geographical construct – an illustrated biography of water in the West. From the industrious irrigation engineering of the late 19th century that connected the Dolores River to the Montezuma Valley, the creek now flows year-round through McElmo Canyon into Utah on its journey to the San Juan River. Each year it morphs with the boom and bust of storms and drought in this arid landscape, carrying with it an abundance of animal life, plant life and the winding story of people.

Published in September 2014

Off the beaten path Montezuma County is considering closing the only access to little-known Yucca House National Monument

The only motorized public access to Yucca House National Monument, a sprawling Ancestral Puebloan ruins group south of Cortez managed by Mesa Verde National Park, is being considered for closure by the Montezuma County Commission.

Yucca House, near the base of the Sleeping Ute Mountain, was declared a national monument by President Woodrow Wilson in 1919. Its original 10-acre size more than tripled when rancher Hallie Ismay donated another 24 acres to the Park Service in the 1990s. The monument is located at the end of County Road 20.5, which runs through what was at that time the Ismay ranch, purchased by Cortez businessman Joe Keesee in 2002 following her death.

According to the Park Service visitors’ guide, Ismay’s donation was “to provide an alternative route to (the monument) and protect several nearby sites.” She was the unofficial steward of the monument for more than six decades.

Mesa Verde park rangers annually conduct three or four tours there with between 10 and 20 people each, according to Superintendent Cliff Spencer, who estimated total visitation at fewer than 1,000 each year.

But now the ranch’s owner, Box Bar Ranch LLC, which lists Keesee as its agent, has petitioned the commission to close the portion of the road that transverses the property. A public hearing on the pending closure is set for Monday, Sept. 8.

Parking for visitors to the ruins is very close to the main ranch house and outbuildings, explained Planning Director LeeAnn Milligan to the county commissioners Aug. 4, during a review of the application, and there has been some damage to crops and equipment, possibly by visitors. The owner has requested Road 20.5 be vacated on the portion that runs from Road B to its terminus. That part of the road is located entirely on Box Bar property but is still part of the county’s road system – i.e., a public right-of-way.

Milligan said even though that part of 20.5 is signed as a maintained road (indicated by a green county road sign), it hasn’t actually been maintained by the county for several years.

However, abandoning the road would, at least for the time being, cut off motorized access to Yucca House.

Spencer told the Free Press that the Park Service plans to oppose the road’s immediate closure until plans for an alternate route are finalized, a process that involves the acquisition of an adjacent property from a willing seller, which could take another year or two. He pointed out that access to the monument is granted in the deed for the Ismay ranch property through an easement.

“The easement is an encumbrance on the deed when it was purchased, so (the buyers) were aware of the easement. They were aware that the monument is there and that it is visited,” he said, “and that the previous owner, Hallie Ismay, and before her, Henry Van Kleeck, who did the original donation of the original 10 acres of the monument, knew what they were doing – knew the visitation was there.”

One of the owner’s concerns is that present parking for monument visitors is only a short distance from the ranch house, which limits the residents’ privacy, as Commissioner Keenan Ertel had noted while reviewing the closure application last month.

“I don’t think it’s fair to have your front yard used for a parking lot,” he said.

But Spencer pointed out that the monument was established well before those structures were built.

“The road actually was there before the house,” he explained. “The earliest identification of the road that we’ve found from county maps goes back to 1936 and the residence wasn’t built till 1952.

“We know that from talking to Hallie Ismay before she passed away,” he said, “so the road pre-dates the residence and they built the residence with full knowledge that the road was right out their door.

“I’m sure they built it for the convenience of the location.”

Visitors are strongly encouraged to respect the private property rights of the adjacent landowners, he stressed to the commission during their preliminary review last month. Keesee had told the Free Press in 2005 that – despite “No Trespassing” signs and closed gates on the road – visitors were welcome to explore the ruins, so long as they closed gates behind them and stayed on the road to the parking lot. He said the signs were intended to warn people off his property.

However, Keesee also said at that time the park service needed to develop another old easement and build a road of its own.

Maps show a possible alternate route off County Road B, but that portion of B is also closed by a gate and other parts of the route are presently impassable or very rough and would need major improvements.

“It will take a substantial amount of money to fix that road – to improve it to be able to have two-way traffic on it or even one-way traffic,” Spencer said. “And for a road leading into Yucca House from the south, that property’s only 110 feet wide so to make those grades you’re going to need more width than just 110 feet [to provide switchbacks]. Either to do vehicle access or a trail leading from County Road B would be tough.”

Spencer said the Park Service is in talks with an adjacent landowner who also has ruins on his property to acquire enough land to provide access to Yucca House, but this transaction is a year or two away.

“This would eliminate the need (to have) parking where it is now at the house,” he said, proposing a two-part solution.

“One is to not abandon the road now until we can work out an alternate access and also . . . work out this alternative access through the Carwick Parcel, which would be a part of the national monument by then.”

Yucca House won’t likely ever be heavily developed or visited. Spencer said that some day – contingent on acquiring the additional parcel – there might be “a modest development” at the site – “basically visitor orientation, some type of bulletin board or wayside exhibit that explains what’s there and what to see while you’re there, that sort of thing, and maybe a small shaded pavilion.”

At the preliminary discussion, Ertel instructed staff to do research on why Road B is gated and to get more information on what improvements would be needed before the public hearing on the closure decision, which has been set for Monday, Sept. 8, at 1:30 p.m. in the commission hearing room in the county courthouse.

Published in September 2014

The nature of beauty: A former local resident’s new film examines the treatment of facial abnormalities

Doctors at Hospital General Gea Gonzalez in Mexico City have mapped reconstructive surgery on the face of “Estrillita” in preparation for repairing her craniofacial anomaly in the film “Beautiful Faces,” by Russell Martin.

Doctors at Hospital General Gea Gonzalez in Mexico City have mapped reconstructive surgery on the face of “Estrillita” in preparation for repairing her craniofacial anomaly in the film “Beautiful Faces,” by Russell Martin.

Images of elegant, ageless, slender, buff, rich, unrealistic icons of beauty fill the media these days. Waiting rooms at reconstructive- surgery clinics fill with patients eager to transmogrify into mannequins of this cultural ideal.

The modern preoccupation with beauty overshadows a reality that many families face when their child is born with a craniofacial anomaly, a birth defect of the face or head. In the developed world, such anomalies

are treated surgically, usually as soon as the infant or child is old enough. But in developing nations, families may not always have access to or money to pay for treatment. “Beautiful Faces,” a new documentary produced by Russell Martin, a former Montezuma County resident, explores the probono medical help that has been made available to children with these conditions.

Some anomalies, such as a cleft lip and palate, are among the most common birth defects. Others are very rare. Most of them affect how a person’s face or head looks but they may also affect other parts of the body.

Craniofacial anomalies are a diverse group of deformities in the growth of the head and facial bones that are present at birth as an “irregularity” or “different from normal.” There are numerous variations – some mild and some severe enough to require surgery.

Rarely spoken of or acknowledged outside one’s own family, craniofacial abnormalities occur in one out of every 500 newborns globally. In the United States, more than 12,000 newborns each year will need the specialized care of a craniofacial team. In addition to those born with abnormalities, many children and adults suffer craniofacial abnormalities due to injury.

Martin’s film, produced by Say Yes Quickly Production, in association with Alma y Arte Productions, Mexican national Secretaría de Salud, the World Craniofacial Foundation, and the UNESCO Chair in Bioethics and Human Rights, brings a medical story to the screen that at first seems removed from our common experience. But as the story of diagnosis and surgical treatment unfolds, viewers are challenged to take a deeper look at the presence of craniofacial deformity as a contemporary reality and the compassionate reconstruction work being done at the Hospital General Gea Gonzalez, in Mexico City.

The film addresses only the reconstructive treatment of the deformities, not their causes. But according to the Stanford Medical Center Children’s Health web site, medical professionals agree there is no single factor responsible for such abnormalities.

They can result from a combination of genes that a child receives from one or both parents, or a change in the genes at the time of conception. Environmental factors may also play a role. The web site also describes the possibility that certain congenital abnormalities may occur if the mother has a deficiency of folic acid, a B vitamin.

In his prior work, Martin and Lydia Nibley wrote and produced the award-winning film, “Two Spirits,” the story of the Fred Martinez hate crime in Cortez. Martin is also author of non-fiction books including “A Story That Stands Like a Dam,” “Beethoven’s Hair,” and “Out of Silence.” The international television documentary “Beethoven’s Hair,” based on his book and directed by Larry Weinstein, won three Gemini awards and the Festival Directors Prize at the International Television Film Festival.

Martin’s most recent production, “Beautiful Faces,” takes the audience directly into the hospital’s clinic and operating rooms, where the 88-year-old clinic founder, Dr. Fernando Ortiz Monasterio, leads a plastic and reconstructive surgery unit he calls “the most exciting clinic in the world, the only place I want to be.”

The film intimately follows the progress of patients from childhood reconstruction into their productive and more-normal adult lives. It explores the generosity and the precision of the medical teams, but most of all shows the compassion the team of doctors and the hospital express for the children, the extraordinary spirit of the young patients and the courage of their families.

The film does not shield the viewer from the reality of the deformities. Instead, viewers are taken into the diagnosis room with the circle of attending medical and psychological doctors and social workers. The child sits in the middle of the circle, small, deformed and the subject of scrutiny, a canvas on which marking pens map the cuts and stitches it will take to treat the abnormality. Except for its modernity, the scene mirrors Rembrandt’s “The Anatomy Lesson of Dr. Nicolaes Tulp,” an oil painting that depicts a circle of doctors in 1632 around a subject on an examining table. The study of the patient is critical to the decisions and the child is allowed to voice his or her opinion and desires. So are the families as they wait for results, when they learn their child will heal and lead a more normal life, or not.

The film is replete with emotion. Doctors, staff, family and child tell the audience stories of success and occasional failure, of a commitment to repeated surgeries and of the courage it takes to be accepted in any condition as they lead their lives before and after the reconstructions.

The pace and tenor of Mexican culture pervades the documentary. Even though the film is produced in Spanish and subtitled in English, the setting feels like it could be any neighborhood hospital.

Martin assembled an international team that includes Alvera de Leon, a Mexican filmmaker and photographer and Vasco Lucas Nunes. Additional footage was shot by Mexican cinematographer Hilda Mercado.

Singer-songwriter Lola Jones performed lead vocals on the film’s original song, “Beautiful Faces,” while the score was composed and conducted by Arturo Solar, a Spanish composer living in Los Angeles.

By the end of the movie viewers are engaged on a level that reveals another, more substantial layer of humanity – the very humbling definition of spirit as beauty.

Ken Salyer, a featured doctor in the film, is the founder of the World Craniofacial Foundation, a resource for people worldwide.

If you need this kind of help, said Martin, look for the foundation online. They will find help for people regardless of where they are.

The film can be streamed online or ordered in DVD formats at www.beautifulfacesfilm.com.

Published in September 2014

Escalante Days: 38 years of summer fun

dominguez-escalante-expedition

This sign along U.S. Highway 160 near Hesperus commemorates the expedition that delved into Southwest Colorado in 1776, noting the development potential along the Dolores River.

In 1776, the same year the Declaration of Independence was signed, the Dominguez- Escalante Expedition passed through the Four Corners region. The trek is noted on historical markers along Highway 160 between Mancos and Durango, and in Dolores.

After leaving New Mexico, members of the expedition camped along the Animas River near Durango, at Hesperus, spent a day on the Mancos River, and then ended up camping and staying over two nights near present-day Dolores.

That expedition by two Spanish Franciscans is now celebrated in an annual event called Escalante Days every August in the town of Dolores.

The famed expedition took place from August through December 1776 and was led by Francisco Atanasio Domínguez and Silvestre Vélez de Escalante, who had orders from their superiors to find a safe route between the missions at Santa Fe, N.M., and Monterrey, Calif. Spanish traders and trappers had been using what was called the “northern” route through remote and mountainous country, because the southern trail was “blocked” by Hopis near the Little Colorado River and hostile Apaches on the Gila River.

The northern, or so-called “outlaw,” trail was notorious for being rough and dangerous, and in those days was only utilized by nefarious sorts who traded slaves and other illegal merchandise with the indigenous tribes. Dominguez was a native of Mexico and the leader of the expedition, since he was the religious superior, but Escalante, who had been stationed at Zuni, had experience the previous year trekking through to Oraibi and Havasupai.

The 10 men set out July 29. Escalante wrote the journal entries, and thus has gained more historical notoriety than the expedition leader, Dominguez. The two missionaries were accompanied by Don Bernardo Miera y Pacheco, an engineer, astronomer and cartographer from Santa Fe who took geographical readings and drew the maps; Pedro Cisneros, mayor of Zuni; and several other residents of Zuni and El Paso whose names have been lost to history but who were likely traders and trappers. Also along was Andres Muniz, who acted as interpreter due to his knowledge of the “Yuta” (Ute) language.

Many people believe it was these Franciscan fathers who named the Dolores River, but this is incorrect, according to Herbert Bolton, who wrote “Pageant in the Wilderness,” a narrative of the expedition published in 1951. Bolton asserted that the river was named by earlier New Mexican traders who encountered heavy brush and steep narrow gorges that made travel nearly impossible (and sorrowful!).

Apparently members of the expedition did know the river was called the Dolores, and finding a comfortable location near the junction of Lost Canyon, they spent Aug. 12 and 13 in what is now Dolores because Father Dominguez was ill and needed to rest. Miera took his readings, determining the latitude of the place to be 38° 13 ½ north (just 2/3 of a degree off), while the other members of the expedition took the day to explore, discovering a ruin on the top of the south bank of the river.

The site – which was named Escalante Ruin by archaeologist Jesse Fewkes in 1919 because it was the first ruin in Colorado recorded by a white man – is now the location of the Anasazi Heritage Center a few miles from Dolores on Highway 184.

Escalante wrote a now-famous (to Doloreans!) sentence noting that on the banks of the Dolores River there was “everything necessary for the establishment and maintenance of a good settlement.”

Two hundred years later, the residents of Dolores decided to celebrate the bicentennial by honoring the expedition.

Rocky Moss, current director of the Dolores Chamber of Commerce, said because of the bicentennial, there were federal monies available and Dolores wanted to be a part of the action. As part of the project to create McPhee Reservoir, the Escalante Ruin was being excavated, and the chamber was trying to push for some recognition for Dolores.

There had been a previous summer celebration called Dolores Days, which featured water fights on Central Avenue. In 1976, it morphed into Escalante Days, which was scheduled for early August, when the expedition had originally passed through.

Published in July 2014

Gas-venting causes worries, but no danger

The release of gases from a new exploratory carbon-dioxide well in the Pleasant View area prompted one family to leave home overnight in early June, but no one was endangered, according to a spokesperson for Kinder Morgan, which did the drilling. The company reportedly put the family up in Cortez for the night while the situation was resolved.

Those most directly involved were tightlipped about the incident, which nevertheless generated abundant rumors. A member of the family did not return a phone call seeking comment.

However, according to three sources familiar with the situation, who asked not to be named, Kinder Morgan had finished drilling the well on private property near roads CC and 10 in Montezuma County and was “venting” gases as part of the process.

Two families living near the well, which was on a neighbor’s property, apparently had not been told about the venting and became concerned about the discharges and an associated smell the night of June 5. After authorities were contacted, one family evacuated to Cortez overnight, but the other stayed put.

Kinder Morgan is Montezuma County’s largest taxpayer, generating about 40 percent of the county’s property taxes. The McElmo Dome formation in Montezuma and Dolores counties contains one of the country’s largest deposits of carbon dioxide, which is piped to oil fields in Texas to help extract additional oil from played-out wells.

The Southwest Region field supervisor for the Colorado Oil and Gas Conservation Commission, Steve Labowskie, referred questions to Todd Hartman, communications director for the Colorado Department of Natural Resources. Labowskie did say that anyone concerned about a possible health hazard involving oil or gas well should call emergency responders first.

Hartman answered questions in an email:

“Kinder Morgan is in the process of conducting a detailed ‘reservoir test’ in a new, exploratory area of the McElmo Dome, where the company develops CO2,” he wrote.

“In recent weeks, these drilling tests resulted in the venting of CO2, including CO2 that was moving from the liquid to vapor phase. It was apparently during these reservoir tests that the venting drew concerns from local residents.

“COGCC is aware of the concern and is working with KM to modify its CO2 venting and monitoring procedure to ensure adequate precautions are taken as the company prepares to test several more exploratory wells in the area.”

The company is modifying its drilling procedures, according to Hartman, and will shut down operations when the air is calm.

“KM is taking a number of steps, including shutting down the wells when there is insufficient wind to disperse the CO2; conducting some modeling to determine how far the CO2 will travel, and looking at critical points in that process – such as residences – where KM needs to make sure it provides people the opportunity to briefly stay at another location (at KM’s expense) during testing,” he wrote.

Hartman said KM also plans to increase personnel, be more stringent about when gases are vented and stay in closer touch with local emergency responders.

Those steps include determining “where it needs to increase monitoring, and where it needs to deploy personnel to ensure people remaining in place are safe” he wrote. “The company also plans to have additional personnel in place for this work moving forward. KM is also working closely with local emergency management officials on its planning, and plans to shut down any testing should atmospheric conditions create any potential hazards. COGCC will continue to engage with KM on this matter to ensure the right measures are in place.”

Carbon dioxide is odorless, but a naturally occurring mercaptan may generate a smell, said Sara Loeffelholz, a spokesperson for Kinder Morgan, via email.

Mercaptans are organic sulfur-containing compounds characterized by a strong, unpleasant odor even at very low concentrations. They are added to commercial natural gas so it can be detected if it is leaking.

Loeffelholz said the safety and welfare of people living near extraction sites has always been a top priority for KM.

“Kinder Morgan CO2 or its predecessor [Shell Western] have safely operated CO2 facilities in Montezuma County for 30 years,” she wrote. “We are committed to public safety, protection of the environment and operation of our facilities in compliance with all applicable rules and regulations.

“In this particular instance, and typically during well testing activities where CO2 is properly vented into the atmosphere, it is not uncommon to detect the natural mercaptan that is contained in the CO2 produced from the Leadville Formation. Kinder Morgan follows a number of safety protocols, including dispersion modeling, to mitigate any environmental impact during these activities. If there are issues or concerns with the venting activities, operations are suspended until they are addressed. Additionally, the company works with potentially affected landowners to offer alternate housing and expenses during well testing and drilling operations.

“Kinder Morgan outperforms the industry averages in almost all safety and release related categories, and we publish our environmental, health and safety performance on our website to be transparent about our work. http://www.kindermorgan.com/ehs/.”

Asked whether anyone was endangered by this incident, Loeffelholz wrote: “No. Extensive monitoring indicated that the CO2 levels were well below OSHA [Occupational Safety and Health Administration] limits.”

She added, “Kinder Morgan regularly reviews and updates its safety protocols. This case was no different and resulted in updated procedures to increase the level of monitoring for future well testing.”

She said if someone near a Kinder Morgan well has concerns, they should call the 24- hour KM emergency number, 877-390-8640.

Published in July 2014 Tagged

The legend of Tarzan (Brown, that is)

ELLISON TARZAN BROWN

“Tarzan” Brown, a Narragansett Indian, won the Boston Marathon twice. Courtesy of Boston Athletic Association.

It was a hot, sticky late-August day in 1975 and the Buckler-Johnston Funeral Home, in Westerly, R.I., was overflowing with Narragansett Indians – some in regalia – mingling with local members of the community. The parlor inside, the parking lot out back and the sidewalk out front were crammed. There must have been 1,000 people at the funeral of my mother’s uncle, Ellison “Tarzan” Brown.

I knew Uncle Tarzan – or thought I did. I couldn’t recall seeing him sober, or without a wide smile. He was 61, with gray hair and furrowed brow, but he was a hero to the children of the tribe. Uncle Tarzan always had time for the kids. He told jokes and tall tales; he paid attention to us.

One of the last times I saw him was the previous winter when we kids were playing outside Aunt Myra Perry’s house in Charlestown, R.I., and Tarzan came walking down the dirt driveway. Our games broke off as we flocked around Uncle Tarzan.

“I was walking through the woods when I got hungry,” Tarzan told us. “I saw a deer, but all I had was a knife, so I had to chase him. I ran so fast, I went past him and had to wait for him to catch up!”

I always laughed at that story, never thinking there might be some truth in it.

I thought of that story on that August day in 1975 as I looked around. Even the governor had come! It seemed like a lot of people paying their respects to a storytelling old man who had been the hero of many a fine bottle.

As I listened to the stories, I was amazed to realize I had not known Uncle Tarzan at all.

“He could be stubborn,” my grandmother Myra D. Brown once told me of her younger brother. “One time an old man in the neighborhood gave him a hard time, so Ellison waited behind a wall for him and shot the hat off of his head with a bow and arrow.”

It seemed that even as a young child, Tarzan was the stuff of legend.

He was born Ellison Myers Brown on Sept. 12, 1913, the fifth of eight children. His Narragansett name was Deerfoot, and he lived up to it at an early age. At that time there was another noted Narragansett runner, Horatio “Bunk” Stanton, well-regarded in local racing circles.

One day in 1926 Stanton was running from Westerly to a ballfield in Shannock, some 20 miles distant. Arriving in Shannock, Stanton told his manager – Thomas “Tippy” Salimeno – about “some young kid” that had followed him all the way.

About 10 minutes later a 12-year-old boy jogged onto the ballfield. He told Salimeno his name was Ellison Brown. Salimeno told Brown to come back when he was 16 and he’d manage his career.

Tarzan dropped out of school to learn stone masonry beside his father, Otis Brown. Tarzan, like many Narragansett men, became an exceptional mason and many of his works still stand today.

In 1931, the teenage Tarzan returned. Salimeno took him to the Arctic, an area around Warwick, R.I., where Tarzan handily topped the field in his first race, a 10-mile event.

Tarzan entered the arena at a time when foot racing was one of the more popular sports in America. In those days, three-time Boston Marathon victor Les Pawson said New England was “the long-distance runner’s capital of the world.”

Tarzan won often – though winning wasn’t always his goal.

Former Boston Globe sports editor Jerry Nason recalled that Tarzan would look over the prizes before a race and decide what place he wanted to finish in, based on what he would get. He wanted something he could sell to get money to support his family, Nason said.

If he could win a nice wristwatch or a radio, Tarzan would “run like crazy,” Nason recalled. And, if he could win two prizes, he “really let out!”

Pawson remembered one race when Tarzan was “fit to be tied” because he won and received a trophy, while runner-up Pawson got a watch!

My aunt, Faith Burrell, said Tarzan – her uncle – got his nickname from his Johnny Weismuller imitation and from leaping from tree to tree faster than most people could run. “They used to say he had million-dollar legs and a 10-cent head,” Burrell said.

In 1933 Tarzan was ready to test his skills against the best long-distance runners in the world, entering his first Boston Marathon.

Begun in 1897, the Boston Marathon is the oldest continuous marathon in the world, and was often used as an elimination race to select the U.S. Olympian marathoners.

Les Pawson set a course record in winning the 1933 Boston Marathon, and Tarzan finished a respectable 32nd. He finished 13th in the 1935 Boston Marathon – running barefoot! There were many tales of Tarzan winning races while barefoot. It wasn’t a gimmick; he often couldn’t afford shoes.

My mother, Rosalind (Brown) Hopkins, Tarzan’s niece, told me of arriving in Boston to cheer him on, only to discover he had no shoes. She bought him a pair before the race started, she said.

In 1936, Tarzan took his place among the pantheon of Boston Marathon legends.

The race started out routinely and the official press car, as usual, followed a group of runners thought to be leading the pack.

At the five-mile checkpoint an official timer asked the media representatives what they were doing. When they said they were following the leaders, he was shocked.

“That Indian from Rhode Island went through here five minutes ago!”

In fact Tarzan Brown had shattered the course record for the first five miles.

He ran “like a bat out of hell,” Nason said.

The press car sped up and caught the Indian and for 21 miles he burned up the course record. But then he slowed. Tarzan’s unorthodox racing style was to run as fast as he could for as long as he could. The wild style would cause the local press to dub him “Chief Crazy Horse.”

Tarzan did not pace himself, saying later in life that his career ended before he ever knew how to run a race or even train properly.

He had built up a huge lead in 1936 and then slowed, jogging along head-down. He might have lost except for an ill-advised display of sportsmanship that turned the race into legend – and gave a name to the most treacherous hill along the course.

With his own furious run, Boston legend Johnny A. Kelley – defending Boston Marathon champ – caught Tarzan at the foot of the hill that had defeated many a runner. Nason said that as he passed Tarzan, Kelley patted him on the butt “as if to say ‘nice run, pal’.”

Tarzan’s head came up; he had no idea anyone else was near. He lit out “as if someone had stuck a pin in his ass,” according to Nason. The hill was christened Heartbreak Hill.

The original Boston Marathon, called the “short course,” was 24 ½ miles, but the distance had been increased to its current 26 miles, 385 yards in 1926. Tarzan became the youngest to win it at the longer distance.

With his surprising victory in Boston, Tarzan Brown earned a spot on the 1936 U.S. Olympic team. He was going to Berlin, where Adolf Hitler hoped to prove the superiority of the Aryan race. But Jesse Owens smashed the Fuhrer’s dreams in record fashion – and Tarzan almost joined him.

Twenty-four years earlier another Indian, Jim Thorpe, won Olympic gold, only to have it taken away. Tarzan’s gold was taken away before he could earn it. What happened in Berlin? That was one of the biggest mysteries in the legend of Tarzan Brown.

One story says that on the ship to Berlin he was imitating the awkward style of the British long-distance walkers and pulled a muscle; another claimed he took a hot bath before the race, thinking it would help him relax, and it tired him. Nason said Tarzan told him he stopped due to a tremendous pain in his gut – and he did suffer a hernia later that year.

My father, John A. Hopkins, Sr., told me that Tarzan told him that he had gotten into a fight with “some of Hitler’s brown-shirts” and was thrown in jail, where he was warned he had better not win the marathon.

Tarzan was indeed arrested and bailed out in time to participate in the marathon, according to Nason.

Most of the reports about injuries lose luster when the race itself is considered.

Tarzan – in his typical style – burst out in front, leading for 13 miles. At 18 miles he had slowed, but was still a close second. Then he sat on the grass to catch his breath and a spectator approached to see if he was all right; at that point an official immediately disqualified him for receiving aid.

“I know in my heart I could have won that race,” Tarzan said later. But since he was disqualified, he didn’t bother to finish.

Tarzan ran the Olympic marathon as he did other races. He typically charged out to huge leads and then took a rest before continuing. Though Salimeno tried to train his protégée, the truth was that no one ever told Tarzan Brown what to do. Forget Sinatra, it was Tarzan who did it his way.

His usual regimen consisted of drinking beer and chopping wood. Nason once said Tarzan trained in barrooms and had “some terrific brawls.”

And things did not get more serious on race day. Tarzan would arrive and eat a half-dozen hot dogs, washed down by his favorite orange soda, said his nephew Keith Brown.

“He’d balance the hot dogs on his arm and wolf them down one after another – afraid somebody was going to take them away from him,” he laughed.

When Tarzan returned to Rhode Island after the 1936 Olympics, the champion, used to adulation, found himself the object of scorn. Critics were disappointed that Tarzan had quit the biggest race of his life.

He was determined to show the world “that Tarzan Brown ain’t no quitter!” He did it in a fashion unequaled in world history, by winning two full-length marathons on consecutive days in 1936.

He won the New York Championship at Portchester, then hitchhiked through the night to Manchester, N.H., arriving just before race time. There he drank orange soda for breakfast and went out and won the race!

Five days later he collapsed with a double hernia.

Everyone was praising Tarzan now, from seven-time Boston Marathon winner Clarence DeMar to Olympic champion Paavo Nurmi, one of the greatest runners ever.

Nurmi, who also trained distance runners, said the marathon was not Tarzan’s best event. He said Tarzan would have been unbeatable if he ran 10-milers.

In fact, in shorter races, Tarzan often set course marks, and once – in an unsanctioned race – broke the world record.

Now that he had shut his critics up, Tarzan decided to retire. But shortly before the 1937 Boston race he changed his mind. He showed up without any preparation and finished 37th.

But in 1938, he didn’t even finish the race.

Nason remembered 1938 as a steaming hot day. About halfway through the race the four leaders were close together.

“They were looking good, Tarzan looked the best,” Nason said. Suddenly, unpredictable as ever, Tarzan veered from the course and leaped off a bridge into the lake below.

Tarzan went back to his winning ways, finishing first more often than not. Suddenly, in 1939, he began to take running seriously. In Cranston, R.I., in a 10-mile race, Tarzan’s time of 50:15 equaled the record set by Nurmi.

It was only the beginning.

Tarzan broke the record for the Syracuse, N.Y., Marathon and won both the 15- and 20-kilometer National Championships. He competed in 25 races in 1939, having the best time in 20 of them.

It was a chilly April day in Boston, and nothing indicated it would be a memorable race. But Tarzan Brown had come to Boston again – and this time he had actually trained. His regimen included running 26 miles from Pawtucket, R.I., to Attleboro, Mass., and 17 miles several times. He ran twice a week.

It drizzled that day, but the only thunder was in the stride of Tarzan Brown. He paced himself, running evenly, smoothly, and there was no drama on Heartbreak Hill. “I just set a pace today today that would carry me along faster than I figured anyone else could run that distance,” Tarzan said.

With a time of 2:28:51, Tarzan won his second Boston Marathon, becoming the first to complete the longer course in under 2 1/2 hours. And he earned a spot on the 1940 Olympics, to be held in Amsterdam.

This is probably the year the Providence Journal writers had in mind when they wrote the headline for his eulogy: “Forty years ago he was, perhaps, the greatest long distance runner in the world.”

Tarzan hoped to redeem himself in the Olympics, but they were cancelled because of World War II. By then, his dash through life was slowly losing its lead to Father Time.

But his legend was established. He lost a national-championship race when he stopped to remove an offending shoe. He went to great lengths to win bets – biting a snake in half and eating glass, for example.

Hopkins, Sr., was astonished one winter morning when they had bet on who would get their morning fire started first.

There were no tracks near the woods, so, as he approached Tarzan’s home, Hopkins was sure he had won. But as he drew nearer he saw smoke curling from Tarzan’s chimney. “Rather than going out in the cold, Tarzan had chopped up the inside of his house for firewood,” Hopkins explained.

One story said Tarzan’s famous truck broke down, so he put it on the railroad tracks and dragged it home. The truck had no head or tail lights, no fenders, a cracked windshield, and no wipers, and the passenger door was held on by clothesline.

Tarzan had worked for the Westerly, R.I., Highway Department and, with Salimeno’s help, had been able to find a house in Westerly. But things weren’t always going his way.

“He had some hard old times,” his sister, Myra Brown, said. Then she chuckled, “But he loved my Johnnycakes and chowder.”

Finally, Tarzan hit on a difficult plan. If he could win once more in Boston – in record time – he might get financing to buy a truck so he could “make a good living.”

He prepared for the 1945 Boston Marathon, telling Nason he had trained 2 1/2 months for this final race. He had lost 15 pounds, now weighing 153 at 5-foot-7.

“I’ll tell you this much – if I’m up there at 20 miles, nobody’s gonna beat me!” he told Nason. But time had taken its toll; though the heart and will were there, the lightning once in his legs now refused to ignite.

With his racing over, life became a struggle. He lost his house in Westerly and moved to King’s Factory Road, in Charlestown, where he built a shack by nailing boards up to four trees he found in a square. His family bathed in a brook. There was no electricity. He took odd jobs – cutting wood, delivering coal, doing stone masonry and handyman chores.

When he was running, people couldn’t do enough for him, he complained. But after he stopped he couldn’t even get a haircut in Westerly. People would pay a “tree expert” $75 to remove a tree from their yard, but Tarzan was lucky if they’d pay him $20.

“I won 1,000 trophies, but sooner or later they all turn black,” Tarzan said.

His last race was in 1954. A young sailor doubted the old man’s story about once being a great runner and bet $5 he could beat Tarzan. After years of winning trophies and laurels, Tarzan took home $5 in his final race, which he ran in old work boots.

In 1975, Tarzan was at The Wreck bar in Misquamicut, R.I., with some other Narragansett tribal members. Some of them got into an argument with a 26-year-old Connecticut man. In the parking lot the man jumped in his van and sped off – running over Tarzan Brown.

The race was over.

But while mortal man must die, legends live forever. In 1973, Tarzan was elected to the National Indian Athletic Hall of Fame, in Lawrence, Kan.

So, I guess I can truthfully say that greatness runs in my family.

The author is the great-nephew of Ellison “Tarzan” Brown.

Published in July 2014

Montezuma County just says ‘no’ to pot

There’ll be no commercial pot farming in the unincorporated parts of Montezuma County, at least in the immediate future, the county commissioners decided unanimously on June 30.

Nor will any budding entrepreneurs be selling marijuana at the retail level outside two of the county’s municipalities – Cortez and Mancos – where medical-marijuana clinics are already established and the elected boards are currently considering whether to allow outlets for recreational users as well.

Although the extension of the county’s existing ban on such operations was no surprise, it still drew angry comments from some of the audience who had spoken in favor of them during the public hearing that preceded the vote.

“You’re insinuating that people who smoke pot are lazy and worthless,” snapped Lewis resident Ed Sheets, who had outlined detailed plans for a grow operation during a previous conversation with the commissioners.

“You’d made up your minds before this [hearing] ever started.”

Sheets, who had indicated he was willing to invest a million dollars in a large-scale farm adhering to all state regulations, was responding to comments made by Commissioner Larry Don Suckla explaining his opposition.

“I’m sure people are happy when they’re smoking pot,” Suckla had observed, “[but] this country wasn’t made by people being happy all the time.” He explained his father had raised him to believe it is often necessary to delay gratification and work hard at unpleasant tasks to attain long-term happiness.

Commissioner Keenan Ertel pointed out that the majority of county residents had voted against legalizing the use and sales of recreational marijuana when it was approved statewide by a ballot initiative in 2012, so he was, therefore, only representing the will of his constituency.

And, Ertel noted, he also has a “social disagreement” and “personal discomfort” with the sanctioned use of marijuana for other than medicinal reasons.

“I have no problem with that if a doctor thinks it’s [beneficial], but I do with recreational pot,” Ertel said, adding that some people who had attended the recent Bluegrass Festival in Telluride had described the widespread open use of marijuana at the event as “the most disgusting thing they’d seen in their lives.”

“I can’t be a party to this,” he said before the vote.

Suckla reminded the audience that Sheriff Dennis Spruell had said during the hearing that his office would need a full-time deputy at the cost of at least $80,000 annually to make sure state law is being followed, since Colorado has only two inspectors to cover the entire Western Slope.

“It would take growing a lot of marijuana [to pay] for that,” Suckla said, adding that he was in favor of growing industrial hemp as an agricultural crop.

Sheets said earlier in the hearing that even though 100 tons of legal pot were produced in Colorado last year, it will take 1,000 more grow sites to keep up with legitimate retail demand in the state as the industry grows.

“I’d like to be one of those farms,” he said. “I’m trying to make some money for myself and the county.”

Suckla had also commented that because Montezuma is one of only two counties in the state with no sales tax, it would not benefit financially from any retail pot shops even if they were permitted.

John Baxter, the commission’s attorney, explained that the county could still benefit financially from growing operations, since counties that permit marijuana farms are eligible for a portion of the 15-percent excise tax the state collects on those sales.

The commissioners’ decision also had supporters in the audience, including a resident of County Road G who said hundreds of pot plants are being grown in her subdivision by “commuters” from Durango, generating an odor so strong that her daughter, who has a medical condition that requires regular exercise, is unable to stay outdoors. “You go outside and that’s all you smell,” she said.

Spruell said this situation is the focus of an “ongoing investigation.”

Another woman who supported the ban said her chief concern was that the patients she works with who use medical marijuana aren’t viewed as “criminals.”

A woman who had previously supplied the commissioners with information about projected tax revenues from recreational pot asked them if they had done their “homework,” adding it would be “a lot of money to say ‘no’ to.” She said during recent visits to Ouray and Telluride she had not observed any people “dancing naked in the streets smoking – it was very subdued.”

Published in July 2014

Group urges county to ‘keep public roads open’

A group of citizens concerned about motorized access on federal lands urged the Montezuma County commissioners on June 23 to “keep public roads open for public travel.”

“Please do not allow the federal agencies to delay and obfuscate,” said Dennis Atwater, chair of the Southwest Public Lands Coalition, a group that advocates for motorized and other access.

He charged that the Forest Service and Bureau of Land Management have closed roads in violation of federal, state, and county laws and sometimes even their own manuals.

He asked the commissioners to set a time frame for federal land managers to comply with the county’s wishes and fully “coordinate” regarding travel and land management.

“Simply tell them they have to follow the law,” Atwater said. “Give them a cease-and-desist time frame. . . If they don’t open those roads fairly quickly, the citizens are going to be out there opening the roads.“

Armed with documents citing court cases, federal rules, and state laws, Atwater said he and other coalition members were there to formally present the commissioners with a map they had prepared showing roads on Canyons of the Ancients National Monument, which is managed by the BLM, that they believe qualify as historic thoroughfares under a law known as RS 2477.

The 1866 statute reads, “the right-of-way for the construction of highways across public lands not otherwise reserved for public purposes is hereby granted.”

At the time it was passed, land was considered unappropriated until it was “reserved” for a specific use – as an Indian reservation, a military post, or a national forest. After that date, there would not be an automatic grant of a right-of-way.

RS 2477 was repealed by Congress in 1976, meaning no new routes could be created that way. However, roads that were already established under that statute retained their rights-of-way.

The question that lies at the heart of many RS 2477 disputes raging across the West is: What constitutes an RS 2477 road, and who gets to decide?

For Atwater and other open-access advocates, any publicly used routes across federal public lands that existed prior to 1976 are assumed to be RS 2477 routes, and it isn’t necessary to prove this in court. However, officials and attorneys with the federal agencies say RS 2477 claims must first be verified in court before any road is granted that historic status.

There are thousands of actual and potential RS 2477 claims on federal public lands across the country, and many heated court battles over the designations.

In April, the Tenth Circuit Court of Appeals dealt a blow to San Juan County, Utah, upholding a lower court’s finding that rejected the county’s claim of an RS 2477 rightof- way along Salt Creek in Canyonlands National Park. The lower court had said the county failed to meet Utah’s standard for an RS 2477 right-of-way, which is that the route had had “continuous use” for 10 years prior to the establishment of the national park.

Atwater said San Juan County’s claim failed because the county didn’t work hard enough to show evidence of continuous use. “They were absolutely dumb for not doing this,” he said.

He said there are other decisions that support his assertions, citing Uintah County (Utah) vs. Gale Norton (then secretary of the Interior) in 2001. In that case, a U.S. District Court ordered the BLM to remove wild horses from an area within the Book Cliffs after Uintah County and the Ute Tribe objected to a release of the animals.

The judge said the BLM had not coordinated with the tribe as required, but also that having wild horses in the area violated the agency’s own resource-management plan.

In the decision, the court wrote that the BLM was by law required to coordinate its land-use planning and management with Indian tribes, other federal agencies, and state and local governments “in order to ‘assure that consideration is given to’ non-BLM land use plans” and “to ‘assist in resolving. . . inconsistencies’ between BLM and other plans, and to ‘provide for meaningful public involvement of . . . Indian tribes in the development of resource management plans’. . .”

The court did not say that other entities had veto power over the agency’s actions, but said the BLM was supposed to give state and local governments and Indian tribes the opportunity for “review, advice and suggestions” about their programs, and that if the BLM was notified in writing of inconsistencies with local land-use plans, the agency had to show “how these inconsistencies were addressed and, if possible, resolved.”

Atwater told the commissioners the agencies have not done that locally. He said some RS 2477 roads on Haycamp Mesa in the San Juan National Forest have been closed, including “the stock drive” and “the old wagon road.” In addition, he said, the Forest Service is decommissioning roads in the Boggy-Glade area north of Dolores.

Atwater said the federal agencies should have mapped the RS 2477 routes before closing any roads, and that the agencies need to first bring proposed closures to the county for its approval.

“When they have a management change, they need to bring it in here and make damn sure it complies with the county land-management plan,” he said.

He called for the county to set a deadline for the federal agencies to stop the closures and reopen the routes. “This county is rich in legal documentation. . . but we’re starving for enforcement,” Atwater said.

He offered to meet with county attorney John Baxter, who was not present June 23.

“It would be good for him to see this and advise us,” said Commissioner Steve Chappell. Commission Chair Keenan Ertel agreed. He said if Baxter concurs, the board could meet with land managers and demand changes.

Chappell said monument Manager Marietta Eaton has a document listing the times monument officials have met with the commissioners or taken them on field trips, “and they’re calling that ‘coordination’.”

“One time they brought a map in and said, ‘We’re letting you see this map for the first time’ and we read in the paper a day later they had college kids closing roads, so what we were seeing on the map they were already implementing,” Chappell said.

Commissioner Larry Don Suckla said the board is aware of the issue, but could not give Atwater a time frame. “We’re working on it,” he said.

“We know you are,” Atwater said. “We’re just seeing time pass by. . . .We’ve been 2 ½ years working on that map,” he said, adding that they didn’t want to wait another 2 ½ years.

“We’re not going to let the summer go by. . . . If I’m driving down the road and I’m breaking the law, they’re not going to give me a time frame. I’m going to get cited that day.”

Published in July 2014

‘Cannabusiness’ b(l)ooming in trendy Telluride

TELLURIDE RETAIL MARIJUANA SALES

Cannabis buds for sale at Delilah, a retail outlet in Telluride, Colo., where officials say recreational-pot sales have caused few problems and provided an economic boon. Photo by TJ Hawkins.

The city of Durango and the town of Mancos are just now cautiously preparing to enter the recreational-marijuana arena. Moratoriums against such sales ended in both municipalities at the end of June, and at press time Durango had already received four applications from entrepreneurs hoping to sell recreational cannabis, probably beginning this fall.

Meanwhile, the Mancos Town Board has been seeking to get necessary regulations in place to allow sales as quickly as possible. But the cannabis industry is already in full flower in Telluride, which since Jan. 1 has been allowing retail purchases by the general public at local shops that previously were restricted to only medical-marijuana sales.

In November 2012, the state’s voters approved Amendment 64, allowing the sale of cannabis for non-medical purposes, and in January, Colorado became the first state in the nation to sell pot to recreational users.

Although the depth and breadth of recreational pot’s impact on the local and state economy is unclear, a consensus appears to be building that the new industry is creating jobs and contributing to the tax base while causing few problems for law enforcement or consumers.

Still, there seems to be an unpredictable ebb and flow to the market.

On a snowy afternoon during the last week of ski season, Telluride streets were crowded with skiers hitting the shops to buy some ganja. But in April the city had little tourist traffic on the famed “4/20” national smoke-in, possibly because there were no organized events celebrating the toker holiday, which coincided this year with Easter Sunday.

Telluride pot-shop owners are now looking forward to summer tourism to put the bloom back on the bud business.

A former hard-scrabble mining town that now has some of the priciest real estate in the Southwest, the trendy wonderland boasts four dispensaries – the Green Room, the Telluride Bud Company, Alpine Wellness and Delilah – that sell both medical and retail cannabis. Delilah is the most visible outlet, located in the center of town. Inside, a red-velvet rope separates recreational customers from the medicinal traffic, and sleek glass cases display the different buds “du jour” like chocolates in a candy store.

The medicinal area is private, separated by a partition in the back of the store, with a comfortable couch for lounging. It is a clean, bright facility with colorful artwork on the walls and ’60s music in the background.

Knowledgeable retail clerks at all the outlets provide information on just which strains of mota are thought to be most effective in addressing certain medical conditions. Can’t sleep at night? A cannabinol (CBN) type of THC (the active ingredient in marijuana) could help. Need to reduce physical pain? Certain other strains may provide relief. Victims of diseases such as diabetes and lupus/ rheumatoid arthritis may also benefit from particular strains, while others are believed to stimulate one’s appetite – thus benefitting cancer patients receiving chemotherapy or radiation treatment – or to suppress it, for those struggling with obesity.

Some doctors now advocate the use of medicinal cannabis for yet other afflictions, including epilepsy and glaucoma, and there is a wealth of information available at the dispensaries to enlighten first-time users, including a “menu” of the many strains available.

Delilah has been a medical dispensary since 2009 and Benjamin Steenblik has worked there for nearly three years. He is eager to talk about the positive and not-sopositive aspects of the industry, and says Colorado’s “Grand Experiment” with recreational use is going pretty well.

TELLURIDE MARIJUANA SALES

Edible marijuana products such as these pills, available in Telluride, have caused concern because they make it easier for inexperienced consumers of cannabis to ingest too much and have unpleasant or even dangerous experiences.

“Yes, absolutely, I think it has been a real success, in part because the system is so well-regulated,” Steenblik said. “Our state legislators have done an incredible job of looking at the medical model, seeing what worked, what didn’t, and then improving it.”

The growth and sale of legal cannabis for retail profit is regulated by the state with rules similar to, or stricter than, those governing alcohol sales. A web-based system known as MITS (Marijuana Inventory Tracking Solution) lets licensees upload marijuana inventory data required by state regulators for all retail and medicinal businesses.

“That is good for everyone, because it helps legitimize the industry,” Steenblik explained. “It’s a system that is making sure that the product is accounted for from beginning to end.”

It also helps identify dispensaries that may be buying illegally, he said.

“It may not happen often, but I am sure they are out there with product grown on the black market. The MITS system is making us better business owners, which is also a safeguard for the state. It is the proof and evidence that we are in compliance.”

Shops not in compliance may not be able to operate very long, Steenblik said, because tracking tags are affixed to individual plants until they are harvested.

“People just can’t get away with some of the practices that they got away with before.”

More and more people are coming from far-away places to enjoy the legal use of marijuana, but he does not believe the legalization of pot has caused an increase in crime in Telluride.

“As somebody that has been a bartender for nine years, I can tell you that alcohol sales and cannabis sales are very different,” he said.

“When the recreational-marijuana ballot question came up, I was reluctant to vote for it because the title was ‘Tax Marijuana Like Alcohol Act.’

“I have worked for the last 15 years advocating marijuana and its medicinal benefits, but I did not want it associated with something that is a known carcinogen, a poisonous substance” often involved in crimes such as domestic abuse and drunk-driving fatalities.

Pot has its drawbacks as well, of course.

In April, a Denver man fell or jumped to his death after consuming a large dose of cannabis contained in an edible product. The incident received a great deal of publicity as the state’s first death associated with recreational pot use.

But marijuana’s defenders say the plant remains far safer to use than alcohol.

“If people want to attack marijuana because one guy died, it’s ridiculous,” Steenblik said. “Personally, I know of several people whose lives have been changed [positively] by marijuana.”

Among its medicinal and retail clients, Delilah is starting to see a significant number of combat veterans – from Vietnam as well as recent Middle East conflicts – coming in for help with chronic pain and sleep disorders.

What really makes Steenblik happy is the gratitude of such customers who have been helped by CBDs.

The hardest thing that Steenblik has encountered since Delilah opened for retail business in March is keeping the shelves stocked. Since then, the traffic has tripled, and summer tourism has just begun.

He believes Delilah alone could possibly generate at least $100,000 in tax revenue by the end of the year. The stores in town are supportive of one another and refer customers to other stores for products they may not carry.

But he believes there are ways to improve the experience for cannabis users.

“The next logical progression is to create private lounges for people so that they are allowed to consume product in a safe environment,” he said. “There need to be places for the tourists to come in and get hotel rooms where they can smoke what they purchased. “Right now, all hotel rooms have a no smoking policy. It’s a problem because you are [forcing] adults to act like promiscuous teenagers. They sometimes have to get into their cars and go to dark places to consume it.”

Another issue that needs to be addressed, he said, is banking for retail and medical dispensaries, since selling/possessing pot is technically still a federal crime, causing banks to be chary of handling dispensaries’ revenue. Also, retail stores cannot advertise in a publication if 30 percent of its readers are under 21, And for some cryptic reason stores cannot advertise the hours they are open for recreational-marijuana sales.

“What I have issue with is that we have finally allowed [legal marijuana], we voted for it, and yet there are social stigmas that still exist, even though we are slowly dissolving most of them,” Steenblik said. “There are these archaic laws that are still not changing, no matter how much business we do, but they are like small speed bumps. The customers still can’t consume on the street and as of right now will not be able to be smoking in the park.”

Nevertheless, Steenblik is looking forward to a busy summer, with concerts and other events bringing in customers. “This is an opportunity for us to get a very therapeutic and powerful plant to a lot of people that don’t have the luxury we have in Colorado.”

Despite the optimism in Telluride, tax revenues statewide from both medical and recreational cannabis sales have been slightly lower than originally anticipated. Gov. John Hickenlooper estimated in February that combined medical and recreational pot taxes and fees would be about $134 million – and might top $190 million – for the fiscal year beginning in July. But Hickenlooper has since scaled down the expectations by at least $20 million, according to the Associated Press.

State budget analysts have also been setting fluctuating projections. The analysts are banking on the expectation that the numbers will rise as more retail stores open and a onetime tax waiver on marijuana plants expires.

According to the Colorado Department of Revenue’s website, January’s totals for all marijuana taxes, licenses and fees was approximately $3.52 million.

Since then, that total has risen steadily: Combined revenue for pot sales was $4.09 million in February, $4.98 million in March, and $5.27 million in April. The April figure was boosted by a hefty tax intake from recreational marijuana, which brought in more

than $3.5 million in sales and excise taxes. Still, medical marijuana, which is taxed at a lower rate than recreational, continues to bring in more revenue. And the majority of the sales-tax revenue has come from the more than 100 dispensaries in Denver.

Colorado’s counties have seen varying results, since only 14 counties have both retail and medicinal dispensaries.

In January, El Paso County brought in $141,447 for medical-marijuana taxes in January and in February, that rose to $177,929.

Denver County received $483,432 in revenue for medical-marijuana sales tax in January, but that dropped to $442,941 in February.

Montezuma County brought in a total of $4,266, all from medical marijuana, in January; the figure dropped to $2,651 in February. One of three medicinal stores in Cortez closed, causing a drop in revenue for March.

La Plata County gleaned $13,422 in January, $13,041 in February and $16,639 in

March from taxes on medical marijuana. The monies will eventually be used toward school construction, youth use-prevention and treatment programs, or saliva-testing for drug-impaired drivers.

San Miguel County Commissioner Art Goodtimes – a fifth-term commissioner, a county resident for more than 25 years, and a longtime advocate of decriminalizing cannabis — said he is “generally very pleased” with the way recreational-pot sales have been handled.

“There have been a few isolated problems associated with illegal sales, edibles-related panic attacks and federal busts of alleged gang-connected dispensaries,” Goodtimes said. “But, even in an Amendment 64 stronghold like Telluride, with its four dispensaries, there is no visible evidence of cannabis use.”

Goodtimes said the economic boost has been modest but helpful. San Miguel County has seen an increase in cannabis-tax revenue over last year of about 17 percent. “So, it’s not a huge amount for our county, but after years of falling revenues, layoffs, foreclosures and declining budgets, every little bit helps the economic recovery.”

Telluride officials hope to see more revenue this summer from tourists who not only buy pot, but patronize restaurants and motels.

“To actually track how much is due to cannabis tourism is hard to gauge,” Goodtimes said. “Dispensary owners I’ve talked to say that up to two-thirds of their business has been from people from out of town.”

But Goodtimes notes that San Miguel County and nearby incorporated towns do not currently have plans to provide out-oftown buyers safe smoking places where they can legally enjoy their purchases.

“Ultimately I’d hope there’d be many regulatory changes to allow restricted public use, as is allowed for tobacco and alcohol; that banks would be allowed to do business with dispensaries legally; and that the federal government would drop its ridiculous, expensive and unscientific war on cannabis.”

Goodtimes has one pet peeve about Colorado’s new cash crop: its name. He believes the term “marijuana” is inappropriate, saying it was used by newspaper magnate William Randolph Hearst, a timber baron, to try to demonize the hemp plant by linking it with non-white people.

“Colorado has chosen to incorporate a racially-loaded Hispanic slang term popularized by the yellow-journalist Hearst newspapers in the ’30s as part of a coordinated PR campaign” against the plant, he said. “This plant has a scientific genus name – cannabis.”

Long-time San Miguel County Sheriff Bill Masters said if anything about recreational pot has surprised him, it is the surge in firsttime users.

“I was wrong in thinking that everyone who is now smoking already tried it sometime before,” he said. “It seems that more customers are experimenting with it for the first time now.”

Masters has been elected eight times since 1980. His iconoclastic views on the country’s drug policies are documented in his book, “Drug War Addiction: Notes from the Front Line of America’s #1 Policy Disaster.”

In a recent phone interview, he said he has been hearing mostly positive feedback about recreational pot. “I think it’s good that people are buying it legally, as opposed to covertly on the streets.”

However, there remain problems, he said. One involves home extraction of hash oil.

On May 6, sheriff ’s officers responding to a report of a pit-bull bite in a home outside Telluride discovered a hash-oil-extraction operation involving butane bottles and other hazardous materials. The Telluride Fire Department’s hazmat team was called but had to wait for search warrants to enter the premises.

“These marijuana-oil-extraction operations are extremely dangerous, hazardous to emergency responders, the occupants of the house and the neighborhood,” Masters said in a press release. “Still, there is some debate by our legal advisors over whether the operations are in fact illegal.”

Home hash-oil extraction is a legal gray area because most cannabis businesses are allowed to manufacture the oil if they follow specific regulations.

“We are not 100 percent certain what is legal or illegal,” he explained. “The fellow claimed to be a medical-marijuana provider [and] the law is so confusing that even the district attorney is not certain what violation is actually occurring.” Another problem is the large number of infused products with widely varying dosages, as well as the fact that some strains of cannabis produced today are stronger than many people can tolerate.

Masters thinks the industry needs to lower the potency of some strains and offer more advice on the dosage of edibles.

“The clerks are expert pot users and it’s like talking to a guy that drinks a lot – his perception may be different,” the sheriff said.

And while the notion of legalization has been debated for years, not much information was available on edible consumption.

“We did not see edibles and the concentrated products as being a concern,” Masters said. “It’s a surprise, but because of the prohibition on smoking in hotels and in town, people are consuming more edibles.”

There have been some DUI arrests involving cannabis, but Masters stated that the numbers have not increased since January.

Masters is more concerned about the rising number of illegal grow operations under the guise of medical marijuana. “People are pushing the envelope with huge grow ops, and we are working to get a handle on it. They will find out that they are violating the law, even if they think they are clever.

“If a person has a medical prescription and has 25 plants and his wife has 25, all legit, producing 4 pounds a year, he is not supposed to sell it or distribute it, but many are moving it out of state,” he said.

The federal government could react to this with sanctions, he said. “Prices can be as high as $400 per ounce, so there is money to be made. If other states do not legalize it and locals keep going across state lines, they will be hammered by state and federal laws and get a rude awakening.”

A new law states that each adult can have three full-size plants and three immature plants. “Recently I had owners pull 300 plants that had to be destroyed, but the people wanted to be in compliance and they understood.”

Like Goodtimes and Steenblik, Masters is concerned about tourists having no place to smoke marijuana. Masters suggested that a private or semi-private club like those in Denver could work if vented properly.

“It would be a better choice to keep it off the main street and alleys and somewhat contained.” Masters believes the benefits of legalization still outweigh the drawbacks. “At least the money is coming back to Colorado, not Mexico,” he said. “The illegal cartels used to make the money and now we will be able to use the tax revenue for community needs.”

Steenblik also sees a very “green” future for Colorado and perhaps the nation. “Every industry can become green — weed tourism, weed landscapers, more products from hemp.”

Telluride has always been a destination location. Gold-seekers came in 1858 and ski-paradise- seekers have been pouring in since 1970. Will green be the new gold in 2014 and beyond?

Published in July 2014

County scraps TDRs

Commission votes 2-1 to end Dolores River Valley system

COUNTY COMISSIONERS VOTE ON TDRS

Audience members wave signs at the conclusion of a July 7 public hearing before the Montezuma County Commission over whether to retain the system of transferable development rights in the Dolores River Valley. Photo by David Long.

An integral part of the Dolores River Valley Plan, which for more than a decade has controlled growth in the environmentally sensitive area, was scrapped July 7 by the Montezuma County Commission after a lengthy public hearing.

A system of transferable development rights (TDRs), intended to limit development in the more sparsely populated upper valley and concentrate it nearer the town of Dolores, was removed from the county land-use code on a 2-1 vote, with commissioners Steve Chappell and Larry Don Suckla voting in favor of the motion and chairman Keenan Ertel against.

The commissioners left intact a provision in the code that limits lot size in the river corridor to 10 acres rather than the 3-acre minimum required in the rest of the county. However, eliminating the TDR section would appear to double the potential density in the river valley, because the code allows one residential unit and an accessory unit of up to 1,500 square feet on tracts in the rest of the county. The river-valley plan had required tracts of 10 acres or less to have just one residence.

Some 120 residents turned out for the hearing, the majority clearly in favor of having the commissioners follow the lead of the county Planning and Zoning Commission, which four times had recommended leaving the river-valley plan in place, or possibly amending it to allow for a modest increase in density near Dolores on properties where sewer hookups were available.

In removing Chapter 8 from the code, the commission became the first in Montezuma County to rescind a major decision by a previous board.

Four former commissioners had written a letter in June explaining why the plan was adopted 11 years ago and urging the board “to consider what is in the best interest of the Dolores River watershed, and all of the citizens of Montezuma County dependent on this valuable resource.”

Dewayne Findley, one of the four (with Gene Story, Kent Lindsay and Kelly Wilson) spoke at the hearing, saying he’d served on the citizens’ working group that created the river-valley plan. “We looked at the carrying capacity of the valley and worked backwards,” he said. After deciding density needed to be limited to protect water quality, the group came up with the idea of transferable development rights as a concession to landowners whose development potential had been diminished.

“The plan is not perfect,” Findley said, but he urged the board, “Don’t make any hasty decisions. . .Do no harm, first.”

Another member of the working group, Leslie Sesler, who lives in the valley, talked about the proposal that triggered the plan’s creation. Developers wanted to build a 400- acre resort on the river with an 18-hole private golf course, a 15,000-foot clubhouse, a pool, tennis courts, 10 cabins, luxury residences, two bridges over the river, 50 horse stables, and more, she said. The golf course would have been watered from a historic ditch with a No. 4 priority water right of 7 cubic feet per second –about 15 percent of the flows in the entire river some summers.

“Consider what can happen to the water if you get a bunch of big developments,” she said. “The TDR system allows big development, but it limits how many can happen.

It protects all the water users in the county.” Chris Majors, another working-group member, was one of four ranching families in the river corridor that had written the commissioners a letter in February voicing their “full support for the retention of the basic framework of the Dolores River Valley Plan and especially the ten-acre minimum lot size and the related transferable development rights.”

At the hearing, Majors said TDRs would allow his children to sell a development right while keeping their land. In contrast to a conservation easement, which extinguishes a development right, a TDR just allows it to be transferred to another party, he explained.

A total of 45 people spoke at the podium; 40 favored retaining the plan.

Most emphasized protecting water quality, as the Dolores provides drinking water for 95 percent of the county.

“Riverfront owners have to take into account that that water is a community resource,” said Janneli Miller, a Dolores landowner. Dolores Mayor Val Truelson said the current plan should be only a beginning because too much of the Dolores River drainage is not included in it, such as Lost Canyon, Beaver and House creeks, and Dolores County. “The entire watershed should be studied,” he said.

Cindy Dvergsten, who served on the planning commission for 14 years, said the county has “a 20-year history of citizen-based grassroots approach to land-use planning.”

She said 19,000 communities across the United States have plans like the Dolores Valley’s. “TDRs are a proven method of controlling density and maintaining property values,” she said.

Ken Curtis, an engineer with the Dolores Water Conservancy District, said TDRs are “a valuable private property right that avoids the financial pressure to sell, subdivide or have some form of development. . . TDR is intertwined with the rest of the plan,” he said, adding, “You can’t undo many development decisions, so please act cautiously.”

Nina Williams of Lewis said the Dolores River Valley is “one of the few remaining relatively undeveloped river valleys this state has” and said it “supports agriculture, water quality, open space and our heritage.”

Scott Clow, a river-valley landowner, said before making changes, the commissioners should seek a thorough economic-impact analysis that would consider potential flood damage within the setback and the costs of treating water that could be degraded by increased density.

“Water providers spend millions of dollars a year keeping that water clean,” Clow said. “If you get more contaminants it could double, triple, or cost exponentially more.” But the plan had a few critics. Keenan Lovett of Cortez said it had “constitutional issues” and lacked definitions of terms.

Aaron Chubbuck, who lives in the valley, said the plan was too restrictive and, “I hope that one day those who support Chapter 8 get to one day deal with a law like this on their property.”

Don Lightenburger, another river-valley landowner, said TDRs “are blatantly unfair – if they’re not unconstitutional, they’re certainly immoral.”

Several speakers suggested that the commissioners had made their decision long before the meeting.

“I want to believe that you don’t have your minds made up, and I believe everybody in this room wants to believe that,” said M.B. McAfee, who owns a cabin on the West Fork of the river. “Your further actions will let the people know whether you’re thinking critically about this issue or you’re sitting there with your minds made up and this is an exercise in futility for all of us.”

Suckla responded that he’d had his mind made up “10 times, to be exact – as we got more information then I would change my mind.”

In the end, though, he wound up taking the same position on TDRs that he’d voiced at meetings in 2013, when he said simply that he didn’t like them.

Chappell had spoken of rescinding the plan at a commission meeting in April 2013, when developer Mark Rogers complained that he was hindered from developing a five-acre parcel in the valley.

At the hearing, Chappell said if people wanted to enjoy open space, there was plenty of it where they could go for recreation. “It’s sure hard for me to know that our county is 70 percent federal land,” he said. He said the Forest Service and BLM are implementing increasingly restrictive regulations, so “it’s not going to be destroyed.”

“I’d like to think we have some liberty and freedom” on the 30 percent that is private land, Chappell said.

He also said people concerned about water quality should contact Dolores County because its land-use code doesn’t require engineered septic systems along the river; that requirement is just a county resolution.

The hearing ended with some confusion and an abrupt decision that left the audience grumbling, some of them crying, “Recall!”

Shortly after the public comment ended, Ertel said he had “more questions than answers” and indicated he wasn’t ready to make a decision. He expressed confusion over the fact that county attorney John Baxter had noticed that the 10-acre limit on lot size was contained in Chapter 5 of the land-use code as well as Chapter 8 on TDRs. Ertel wondered why the redundancy existed.

Several members of the audience tried to answer, saying Chapter 5 was about subdividing and the language was added for consistency with the TDR section.

Others pressed the board to say when it would make a decision.

Then Chappell suddenly made the motion to do away with Chapter 8, keeping the 10- acre minimum and the requirement for engineered septic systems. He had to repeat it twice because the audience hadn’t heard it.

“Because the TDRs have been confusing,” he explained. “We have had 10 years of trial and have not succeeded.” He said water quality would continue to be protected by the requirement for engineered septics. Suckla seconded the motion.

At that point the audience began frantically waving signs they’d been given by one plan supporter that read, “No vote without study group,” meaning the commission should organize a new working group to examine plan options. However, the signs went ignored and the board voted to scuttle the plan.

Published in July 2014 Tagged

Hello, Dolly!

A friend was heading out to a concert in a really big stadium, in a really big city — one of those concerts where, even with binoculars, you can’t see the performers on the stage from anywhere but the $500 seats, so you’re really watching the show on a television screen with, like, 52 thousand of your closest sweaty, stoned friends, and you leave saying “that was so great,” while in your head you’re thinking, “I could have watched that from my couch.”

Shuddering at the thought, I embrace the fact that live music isn’t necessarily one of those crucial elements of my happiness, but, if I was in the mood and the right opportunity arose, I’d go to a small club or festival to see certain bands.

Not fond of crowds, noise, people, staying out late, not being able to see – those days went by the wayside with the death of Jerry.

But is there anyone who could entice me to the Pepsi Center?

One person – not even an entire band – Dolly.

She is the one person who could tempt me through the stadium gates. As a matter of fact, I’d give my right arm for the opportunity.

The woman is f—ing fabulous.

I remember seeing her on TV when I was a kid. Gotta hand it to my mom – she made sure we were exposed to all of the soon-tobe- iconic performers of my childhood.

When Ms Parton made her appearance on a stage with the hair and the nails and the breasts, I couldn’t tear myself away from the screen – she was just magnificent.

Admittedly, sometimes, if someone made a slightly derogatory comment about her sense of style, I would laugh right along with the jokester, while secretly envying her extravagance and mystique.

I only knew natural blonds.

And she had all of these talents to go with the appearance – she could sing and act and tell stories and be funny and make a gal cry and be brilliant and sassy all at the same time. She’s so badass.

My son has started listening to country music, it’s great, but it’s newer stuff – Party Country I think it’s called – and while it’s good, those gals are not my gal.

Dolly has staying power. She has a new album out and she puts the likes of Carrie Underwood to shame. To start with, she has the voice that all the rest of them wish they had.

And only this particular, near-70-old, God-fearing woman could cover Bob Dylan, the Fine Young Cannibals, and Bon Jovi on the same album as a song about unicorns and angels.

And Kenny Rogers – Dolly is still singing duets with him – and they are still sweet and sappy and make you want to sway in your seat while you hold hands with your boyfriend.

And let’s not forget that the gal can act too – 9-5? Best Little Whorehouse in Texas? SteelMagnolias?

Need I say more?

But let’s get back to the woman herself – the boobs, the hair, the makeup, the surgeries… Here’s the thing – while I used to giggle a bit, I realized at a very young age that Dolly is the most real person in the entertainment industry.

“Seriously?” you just asked. Yes’m.

I read an interview with her a long time ago where she cleared up any speculation about her style choices; apparently she used to want to grow up to look just like a hooker from the big city.

So, everything about her is enhanced, how can that be real? She is this woman who figured out at an early age exactly who she is, no questions, no self-doubt, no following of the trends. She is a slightly trashy-looking bottle blond with gigantic breasts that no one could have been born with and more makeup on her face than most women combined.

And she’s always like this. In another interview, she proudly proclaimed that she never leaves her boudoir without all of it. She doesn’t even have a cup of coffee with the cat without being “done.”

I LOVE this.

I LOVE her.

She’s GORGEOUS.

She puts more energy into her appearance pre-caffeine than I ever will in my entire life. I can’t be bothered, but I am awestruck by her perseverance and commitment.

And while 99 percent of my life has been spent wishing I were thinner, she is the one person who makes me wish that I had boobs.

And my favorite quality in a person overflows in her: the ability to laugh at oneself. “It’s a good thing I was born a girl, otherwise I’d be a drag queen.”

If you are not a Dolly Parton fan, you should rethink that. If you are a Party Country music fan, you should probably rethink that too. If it’s been more than a few years since you’ve listened to Dolly and Kenny together, definitely rethink that. And if you think that Whitney Houston is the real voice behind “I will always love you,” you definitely need to think again.

Suzanne Strazza is an award-winning writer in Mancos, Colo.

Published in Suzanne Strazza

Beyond birth control

The U.S. Supreme Court’s June Hobby Lobby ruling isn’t about birth-control.

Wait. What? How can that be, when the case, and a similar case brought by Conestoga Wood, were specifically about birth-control coverage in the Affordable Care Act?

The case centered on birth-control, it is true, but as an underpinning of religious liberty, and whether a corporation can assert religious liberty as a reason to break the law. The 5-4 SCOTUS ruling in effect held that corporations are capable of religious exercise, when in fact a business is no more capable of that than it is of having a favorite color.

That simple fact — and yes, it really is simple — ought to scare the pants off of every freedom-loving American, regardless of individual positions on birth-control, who pays, and the ACA itself.

While the side issues arising from the ruling are important, I worry that they distract from the true harm, which is a court that will confer upon things the rights of individuals — and at the expense of individuals.

So, yes, we can talk about the Green family, which owns Hobby Lobby, and their shameless pandering to people of faith and what I, based on a recent puff piece in Time, take to be their martyr complex.

Yes, we can talk about how birth-control works and does not work, and how ignorant the Greens and the all-male SCOTUS majority are of that. The Greens objected to “only four” of the 16 forms of birth-control covered in the ACA, apparently because they do not understand basic science.

Yes, we can point out that a person’s health-insurance benefits are part of his or her compensation package and thus, birth-control coverage isn’t technically “free.” We can note, as even dissenting justices did, that women’s preventative health care is far more costly than men’s. We can argue all the livelong day about how “inexpensive” birth-control is or is not. Further, even if a woman is buying her birth-control (or paying for an abortion!), she is using money earned at her job; in fact, companies subsidize a whole lot of things that may pain the consciences of their owners. We can talk about Viagra coverage vs. birth-control coverage.

We can talk about how Hobby Lobby buys goods from China, where state-forced abortions are a (horrific) fact of life.

We can even talk about how Hobby Lobby is not all bad when it comes to worker treatment; in fact, barring the policing of vaginas, it actually treats employees quite well. The Greens also think failing to adequately pay their workforce is immoral, so in that respect their employees actually benefit from the Greens’ personal religious beliefs.

We can even lament that employees at any job have to, in so many respects, rely on their boss’s good graces for workers’ rights, instead of solid regulations that have actual teeth, and we can lament further that the trend is to weaken such laws and regulations as do exist to protect workers.

But with respect to the SCOTUS ruling itself, all of the above points divide a populace that should be united in outrage.

Our Supreme Court just handed corporate America another victory; it just issued a ruling that will further undermine our rights, whether we use birth-control or not. Corporate America prefers that we keep sniping at each other over the sideshow attractions and pay no attention to what the man behind the robe is doing to our rights.

Already, money has been deemed as “speech.” Already, the court has found that corporations have First Amendment free-speech rights. When there is no limit on money’s influence, We, the People, lose. When there is no way to shine a light on “dark money” so we might at least know who is buying our country and for what price, We, the People, lose.

When a for-profit entity is accorded First Amendment religious-freedom rights (via SCOTUS’ interpretation of the Religious Freedom Restoration Act of 1993), We, the People, lose. When the high court cannot see the crystal-clear difference between the entity and the individuals who own the entity, we are doomed.

The Hobby Lobby ruling was to be limited to small, closely held corporations. That doesn’t matter. A corporation is a thing, not a person. Things do not have constitutional rights. That is the point, and we should be shouting it from the mountaintops.

The ruling’s supposed limits are not going to stop the owners of other businesses from using it to assert a “religious freedom” defense when they are accused of violating other federal laws, such as non-discrimination rules.

“In a decision of startling breadth,” wrote Justice Ruth Bader Ginsburg in her ringing dissent, “the court holds that commercial enterprise including corporations, along with partnerships and sole proprietorships, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs.”

She continued: “… In the court’s view, the Religious Freedom Restoration Act demands accommodation of a for-profit corporation’s religious beliefs no matter the impact that accommodations may have on third parties who do not share the corporation owners’ religious faith — in these cases, thousands of women employed by Hobby Lobby and Conestoga or dependents those corporations employ. Persuaded that Congress enacted RFRA to serve a far less radical purpose, and mindful of the havoc the court’s judgment can introduce, I dissent.” (Italics mine.)

The practical implications of the Hobby Lobby ruling are horrifying; Justice Ginsburg’s use of the word “havoc” is spot-on. When these implications begin to be seen beyond the case at hand, I suspect the mountaintop is going to get a lot noisier.

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

Published in Katharhynn Heidelberg

My July 7 civics lesson

On July 7, I received a lesson in civics – a hard one. Everyone has heard the statement, “So-and-so has left the building.” Well, on that day, 120 taxpayers learned that democracy has left Montezuma County.

The large group at a public hearing on a portion of the Dolores River Valley Plan expected to be part of the democratic process, but instead the commissioners with their own agenda over-ruled the majority.

There is a bright spot in this charade, however. We learned that our commissioners, with no scientific knowledge, can somehow make clean water.

There were persons present with a background in hydrology, water-borne diseases, pollution, and floodplains whose statements were ignored.

We here that live in this high desert area know that our only real source of water is the River of Sorrows. The Dolores River Valley Plan and its system of transferable development rights were designed to protect the quality of that water by limiting density in the valley. However, the commissioners and a handful of businessmen ignored that concern and threw out the TDR system that had been in place more than 10 years after it was developed and approved by a broad-based, diverse citizens’ group and the commissioners at the time.

In throwing out the system, the commissioners mentioned that there were no sales of TDRs in the past 10 years. Could that be because they are expensive, or that landowners just wanted to hang on to them? The lack of sales did not mean the entire system should be rejected.

The vote was 2 to 1. Commissioner Keenan Ertel, to his credit, wanted more time to study the whole issue before making a decision, but the other two preferred to rush to judgment. Unless they have brains like super-computers, there is no way they could have processed all the information they received at that hearing.

But Ertel chastised me when I got up to speak, saying this forum would not be about water, but about TDRs. Well, the two issues are inextricably intertwined. What, tell me, is more important than water in an arid area like ours? And the TDRs were designed to protect the source of our water. So his statement was foolish, unless as I previously stated, the commissioners know how to make water.

But that was not the only foolish statement at the forum. Commissioner Steve Chappell said the TDRs were “confusing.” I’ll bet a lot of the laws of the land are confusing to some, but that isn’t reason enough to reject them. He said 70 percent of the county is federal land and thus there was no need for protecting open space in the river valley. Well, a very large chunk of that federal property he talked about – close to half of it – is the Ute Mountain Ute Reservation and non-Utes have no right to go there for recreation. So there is not nearly as much “open space” as he implied. Not to mention that much of the open space he talks about is desert — which, while it can be nice, is not the same as the beauty of the Dolores River Valley. Some of these statements led me to think he has drunk too much water from lead pipes.

Commissioner Larry Don Suckla in the past has said he doesn’t represent the government but the taxpayers. There were 120 taxpayers in that room, the vast majority of them wanting to keep the plan and the TDRs. So much for his concern about taxpayers.

Four former county commissioners urged the board not to make any hasty changes, but they were ignored as well.

If you don’t think density and water quality are important concerns, ask anyone living in a Third World country, or even China. But fear not, citizens of Montezuma County, our commissioners aren’t worried, so why should we be? If the three of them would spend more time coming up with ways to use and promote the amenities we have instead of undoing well-considered plans designed to protect our valuable resources, they would become true leaders.

Galen Larson lives in Montezuma County, Colo.

Published in Galen Larson

Test Anxiety

So it seems like every time I turn on my computer, there is a new “test” for me to take that starts with some version of “What kind of _____ are you?”

I took one – to determine my ideal career. Turns out that I am supposed to be a writer. So yeah, I was hooked. I like the idea of finding out who I am by answering 9 simple multiple-choice questions.

It’s saving me thousands in therapy, in addition to years of painful soul searching.

The thing that’s crazy is that you can find out anything you might want to know about who you are, what car you should actually be driving, what city you should live in, and if your chakras are all cattywhumpus.

And the more tests that you take, the more that are offered to you.

There is a plethora of information about me out there.
And yes, there are answers that seem absolutely perfect – like I should be writing. And then there are the ones that make me wonder if the person who just took the test was actually me.
Then, of course, some of the questions are impossible to answer or there is more than one answer that I would consider and I wonder just how much that one choice determines the outcome. And the worst is when I try to figure out what result I want (even when I don’t know what the choices are) and then, half subconsciously, choose answers that I think will lead to the desired outcome.

In other words, I cheat.

So, in my obsessive, I’ve-got-nothing-better- to-do-at-midnight-than-find-out-what-kind- of-dog-I-am manner, I have taken quite a few of these little quizzes and decided that I should share some of my results.

In no particular order:

I am a mutt. (In so many ways, but the question was, “What kind of dog are you?”) Apparently a mutt is “the rebel and the artist…( we have) real world experiences that make us great dinner party guests…”

Um, who invites a dog to a dinner party?

As a musical, I am “Phantom of the Opera.” I wanted “Rocky Horror Picture Show” (a friend of mine got that and now I have personal musical envy – and I loathe musicals.) I am hypnotizing, dramatic and brooding. Drama queen, maybe but I have never, ever been accused of being brooding.

Are women ever brooding?

I am supposed to live in San Diego because I have “a little bit of So-Cal” in me.

And I guess I have to turn in my Tacoma and replace it with a Tessla. But I don’t know what a Tessla is even though they (the all knowing “they”) say that, (I) “like sleek new things and enjoy the latest technology. You’re always updated and have mastered the art of noticing trends extremely well. You love it when you see innovation in society and technology, and unsurprisingly you like to innovate in your life as well.”

“They” have obviously never seen that I still use a flip phone and read actual books. I had to Google Tessla and I still don’t really get what it means that I should be driving one, but my kids thought it was cool, so even though I think we are actually talking about someone else, I’ll take it as a compliment.
I did find out though, that Mr. Darcy is my Jane Austen soul mate.

Duh.

And if Colin Firth takes the test, he will discover that Suzanne Strazza is his soul mate.

Then one test result informed me, “If people would only listen to you, the world would be so much better. Humanity is ever grateful for you!”

Well of course. I knew that. Didn’t have to answer what kind of weather I like to figure out that one. But, I did have to answer that one to discover that I am JFK.

What’s my “Jam”? What is a Jam? And even though I have no idea who Skrillex is, if they aren’t my “Jam” I might end up living in the streets of Calcutta. So now I am panicked that my ignorance or lack of worldliness is going to land me in a life that’s not actually the one that I am supposed to be living.
That’s scary.

I have to pick a hashtag, but there isn’t anyone explaining to me what a hashtag actually is.

I don’t drink and that’s often not an option so then I get dumped on the side of the road that leads to eternal happiness.
May even be a roadblock on the road to enlightenment.

Shitdamn.

But, the good thing is, that not drinking doesn’t necessarily mean that I won’t make it to Paris, the city in which I was supposed to have born.

Even though I am not a city person in any way, shape, or form. But I guess no one wants to find out what tiny, dirt-streeted, ranch town they are supposed to inhabit. And about the drinking, I tried to find out which television high school I should attend and they asked me about my favorite drink – uh, hello, High School, dude, only 15, we don’t drink.

Constance Billard HS? Gossip Girl?

I know nothing.

Because I drink Lattes I am reliable. What if I change to iced coffee? That makes me cool. That’s a bit weak I’d say.
So, in the realm of difficult-to-answer questions, most often because none of the answers really works for me, here is the ultimate difficult-to-choose:

Would you rather:

  • Have feet for hands. (And still have feet for feet.)
  • Not have hands.
  • Have scissors for fingers.
  • Have carrots for fingers.
  • Have your own hands, but they are glued inside puppets.
  • Have permanent mittens.
  • Have hands stuck in the “thumbs up” sign.
  • Have transplanted gorilla hands.

Are you f—ing kidding me? This is supposed to determine what my name should be?

Conclusion: The more of these that you take, the more that are offered, and the more not-right-on they get, and the more time you waste answering dumbass questions like “pick a cat toy,” to get more dumbass results like “What drunk food are you??? Falafel.”

And even though it is a total waste of time, energy and most likely, brain cells, I will now go back and take that test over again and see what other names I can produce.

I’ll try “feet for hands” instead of “carrots for fingers” and find out what that gets me. Hopefully something better than Willifred.

Suzanne Strazza is an award-winning writer in Mancos, Colo.

Published in Suzanne Strazza

County to reimburse owners of platted TDRs

By Gail Binkly

Having nixed the decade-old system of transferable development rights in the Dolores River Valley, Montezuma County now will reimburse those landowners who had paid to have their TDRs platted.

On July 7, the commissioners voted 2-1 to do away with Chapter 8 of the land-use code, which provided for TDRs in the river valley. TDRs allowed landowners to sell their development rights without selling their land.

There was a base rate of 1 TDR per 10 acres outside the floodplain. One TDR was needed for each residence.

Under the system, someone with a 20-acre tract who had a single home and didn’t want to build another structure could sell his second TDR to someone who wanted to build more than one house per 10 acres.

However, the commissioners said they were concerned because, since the system was adopted in 2003, no TDRs had actually changed hands.

Although no development rights had been sold or swapped, some landowners had had their TDRs platted, a necessary step before selling them.

LeeAnn Milligan of the county planning department said there are 101 platted TDRs, as precisely as she has been able to determine, although most of those are owned by just a few people. The county is contacting the owners by phone or by mail to tell them they can be reimbursed for the cost of having their TDRs surveyed and recorded.

“They’re going to provide us with the information they have about the costs they paid,” Milligan said. “We will reimburse according to what they submit.” She said they will be repaid for any county fees they incurred as well.

The cost to plat a single TDR is from $500 to $700, she said.

Published in July 2014 Tagged

Freedom of, freedom from – a simple, vital concept

Check any book of quotations and you can find ammunition for or against the argument that “America was founded as a Christian nation.” True, it is a ridiculous debate more than 230 years later, in a land where legal precedent upholds the Establishment Clause and where there is no systematic persecution of any religion, the annual tradition of lamenting the non-existent “War on Christmas” notwithstanding.

I suppose it depends on how you define “Christian nation.” If the term means a country founded by people who were predominantly Christian and which remains inhabited by a Christian majority, then, sure. We’re a Christian nation in that respect.

But those who believe it means America was founded as a Christian state to enforce a Christian worldview and Christian practices are theocrats who have failed to grasp the very purpose and beauty of the country, as well as the importance of separating church from state.

Too often, the term is bandied about by those inclined to rail and wail about “individual freedom” when the state fails to favor their religious beliefs in terms of policy and law.

Why can’t a Christian baker who opposes civil rights for same-sex couples refuse to bake two men a wedding cake? Why is the state forcing a baker to either do so, or go out of business? What about his rights?

Answer: The state isn’t forcing the baker to do anything. Businesses are places of public accommodation — there’s laws, an’ ev’rythin. To put it another way, a person’s religious-freedom rights end where the rights of others begin.

No matter how much kicking and screaming at the notion, it is true. Consider the examples below (with the understanding that they, unlike bakers opposed to civil rights, involve actual crimes):

1. A person whose “religion” calls for blood sacrifice can hold that belief all the livelong day, but cannot, in fact, murder another human being, or even a pet animal, and escape charges purely because his “religion” says it’s OK and he’s just exercising his rights. The other human being’s rights trump his religious expression in this instance. Even the pet’s rights do — malicious killing of a pet means a felony cruelty charge in Colorado.

2. Warren Jeffs cannot claim “religious freedom” in raping little girls (and, according to a civil suit, his own nephews) just because his crackpot cult deems him a “prophet” and he, lying through his wretched teeth, says God speaks to and through him, so it’s just an expression of his faith to “marry” 12-year-olds. His belief doesn’t change the reality that he is breaking the law and harming others. If there are any doubts as to that, remember that the state was able to put him away. Child rape is illegal.

3. The sins of some notorious cults include slavery, murder, rape, assault, imprisonment and mental torture/manipulation. The first five are explicitly against the law and shock the conscience. The sixth is immoral and, I hope, also shocks the conscience. Imagine, for a minute, that Jim Jones had avoided the fate he inflicted on others in Guyana. Now imagine him bleating about his “religious freedom” at his trial. Would you buy that?

4. A man beats his wife and says it’s not just allowed by his religion, but required. Does he get arrested? One hopes.

5. Male members of a family murder a woman or girl in their family because hangovers from their culture’s previous tribal religions have resulted in the determination that she “dishonored” them — usually by doing something, however slight, that shows she is not completely under their control and might be something other than a doormat/ baby machine. Or even the perception of same. Or even a pre-emptive strike out of the fear that she might step her foot wrong. (“Honor” killings did not originate with Islam, though when they now occur they are often committed in the name of Islam.)

Honor killings happen even in the United States, yet Palestina Isa’s parents, who stabbed her to death in 1989 because she had a job and a boyfriend, did not escape prison. Faleh Hassan al-Meleki, who ran down his daughter Noor Al-Maleki in Arizona, is now in prison for Noor’s murder — his religious beliefs notwithstanding.

The above are, again, extreme examples of people motivated (at least ostensibly) by their religion. To be clear yet again, a baker who won’t make a cake or a photographer who won’t take a picture for a homosexual couple commits no crime, let alone one comparable to any of the above. Those examples are presented, though, to draw a clear and bright line as to the limits of “religious freedom.” There are not only boundaries to one’s ability to invoke religious freedom, but widely accepted boundaries.

You can believe anything you want. You can believe, as I do, that Jesus is the Son of God who died for our sins. You can believe the Pope speaks for God. You can believe that Muhammad is the prophet of God. You can believe even that Warren “Waste of Space” Jeffs has it right. And you can believe that homosexuality is a sin.

What you cannot do is use any of the above beliefs to discriminate against others in the public square when you operate a business for public accommodation. This is not a difficult concept, so please stop with the whole “Halp, halp, I’m bein’ oppressed!” victimcry.

That isn’t only absurd, but is also breathtakingly offensive. The victims are the members of the public whom you have randomly decreed unwelcome because you don’t approve of their sex lives — which are not your concern. You are not operating a church. You are operating a business and you have made that choice, not the government.

If you cannot appreciate the reason why even other practitioners of your religion might oppose your attempts to use the state as an enforcement arm for your beliefs, at least think about that.

The thing about the separation of church and state is that it doesn’t just keep religions from running our lives. It prevents the government from running our religions.

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

Published in Katharhynn Heidelberg

Water, water everywhere? That isn’t the case

It puzzles me why more residents and irrigators are not more concerned about our future potable water supply. Without water, our Western Slope could be the 21st Century’s Owens Valley of Colorado.

We in Montezuma County and the Western Slope have very few resources to fight the water fight that is coming down the pike. We have fewer than 1 million residents out of more than 5 million in the state. Those on the Front Range need and want our meager water resources to further their growth.

I do not understand the laissez faire attitude being displayed by the people that this depletion of water will affect. If we are truly worried about what we are going to leave our children, a ghost town is one amenity they won’t be proud of.

Whether it be fact or fiction as to global warming affecting the weather across the nation, we know that frequent drought in the West is reality. Cortez, Mancos, Dolores and the rest of Montezuma County need water to thrive and prosper.

In the future, water will become a way to control the masses. Control the water and food and put no rein on population, and we leave our heirs to wonder not, “What were they thinking?” but, “Why weren’t they thinking?”

Why am I so concerned about water? I was raised in a household that needed to conserve water despite living in close proximity to a river, in the Land of Ten Thousand Lakes. I pumped water from a hand-dug well. I hauled water from the river and pumped from a little red cistern pump from the basement cistern filled from rain off the roof, cleaning and sterilizing it every spring.

The only running water was the water we ran after. No septic system, just the twoholer some 60 yards from the house (not exactly ideal for reading the Sears Roebuck catalogue at 20 below).

The access to potable water is not determined by the amount available but the stability of the number of users. The ignorant and unwarranted use of natural resources can and will put an unnecessary and costly burden on us all.

To do a wrong through ignorance is forgivable; to do so with knowledge is criminal.

A hundred years or more ago, John Wesley Powell stated there is not enough water in the West to support much development, yet the government has spent more of the nation’s taxes on developing the West than any other portion of the country. We here in Montezuma County are closing in on a water crisis. Has anyone in charge done any research as to how much growth we can sustain? I have heard of none.

I realize that talk of limiting growth will elicit complaints of a closed-door policy from developers and people with no vision. They need to realize that to over-develop will hurt them and the community. Looking forward is cost-effective, repairing mistakes is expensive, and some are irreparable.

In speaking to water providers, one is assured that there will be plenty of water for drinking in the future, but limited supplies for agriculture. That leaves me with this thought: No water, no barley, no beer – oh, dear!

Galen Larson writes from Montezuma County, Colo.

Published in Galen Larson

Former commissioners comment on DRVP

Four former Montezuma County commissioners have sent a letter to the current board regarding the Dolores River Valley Plan. A public hearing to determine whether to alter or throw out one key element of the plan, its density-limiting system, has been set before the commission on Monday, July 7, at 1:30 p.m. in the county annex.

The following is the text of the former commissioners’ letter:

Montezuma County Commission

Ref: Dolores River Valley Plan

Pursuant to the commissioners’ upcoming public hearing on the DRVP, scheduled for Monday, July 7, 2014, we would like to submit the following comments as part of the public record.

All land-use plans should be reviewed from time to time by the appropriate policy maker, and the DRVP is no exception. What often occurs over time, however, is a loss of the historical perspective on why certain aspects of a plan were either initiated, and/or adopted. The DRVP is a case in point.

In the late 1990s, prior to the formation of the DRV planning group, an investment group met with the commissioners seeking a high-impact permit to develop a “Tamarron Style” development at Stoner. The master plan included an 18-hole golf course, lodge, condos, and home sites, all strategically located in relative close proximity to the Dolores River. Purchase of the Stoner ranch property, and a smaller parcel from Redburn ranch, was contingent on an approved permit from the county. Although LIZ was in place, and certain guidelines under the high-impact permit could be addressed, it became readily apparent that the potential impact of such a development on the ecology of the DRV, and watershed, far exceeded any regulatory measures the county had in place. The task for the commissioners was to make sure that whatever contingencies we put in place, would assure that there would be no negative effects to either the watershed or water quality, in the short or LONG term. Following several months of discussion, the proposal was dropped because of a loss of investment funding.

The lesson learned from this experience was that we needed a LONG-range plan for dealing with the Dolores River Valley. The valley is not just another piece of real estate in Montezuma County, it provides the life blood of our whole county, WATER. Some recent measures had been adopted to help maintain good water quality, e.g., engineered septic systems, but what potential impacts could come from increased residential and commercial development?

It became the unanimous decision of the commission to be PRO-ACTIVE on this important issue, rather than taking a re-active posture on any future negative impacts on the resource. Thus, the Dolores River Valley Planning group was created. It was comprised of representatives from the Town of Dolores, large- and small-acreage owners in the Dolores Valley, and citizens from other parts of the county. The Dolores River Valley becomes an integral part of every citizen in the county.

The working group was charged with examining every aspect of the Dolores River watershed, current and potential density levels, and resultant impacts on water quality, channelization, riparian areas, and flooding. Following the assimilation of all this data, they were to find a consensus among the group in formulation of a plan which would provide for development, but also protect the integrity of the watershed for years to come.

The plan took better than two years to complete, numerous meetings with a variety of resource personnel. The plan was reviewed by the Planning Commission, the commissioners, then a Public Hearing for input, followed by amendments, then adoption.

Although no land-use plan is perfect, there was a real effort to find a balance between property-owner rights, and the protection of the watershed resource, for now and into the future. Mechanisms were designed to allow for heavier density, TDRs, while still maintaining a maximum development potential. Set-back standards are always controversial, but rivers are not static, and channel migration is always occurring. A structure built 30 feet from the river today, may be threatened by natural migration in 20 years.

In reviewing the DRVP, and debating the merits of TDRs, set-back standards, density levels, and other components of the plan, I urge you to consider what is in the best interest of the Dolores River watershed, and all of the citizens of Montezuma County dependent on this valuable resource.

Respectfully Submitted,

G. Eugene Story

Kent Lindsay

Kelly Wilson

Dewayne Findley

Former Montezuma County Commissioners

 

 

 

 

 

 

Published in June 2014

Nowlin, Lambert win big in GOP primary

Commission candidate James Lambert bested Jim Candelaria in the Montezuma County Republican primary Tuesday, June 24, while Steve Nowlin scored a major win over incumbent Dennis Spruell in the sheriff’s race.

Assessor candidate Scott Davis and coroner candidate George Deaver won their primaries easily.

There were no locally contested races on the Democratic side.

All results are unofficial until verified by the clerk’s office.

The tally was:

District 1 Commission Race:

James Lambert – 2028 votes (54 percent)

Jim Candelaria – 1740 votes (46 percent)

Sheriff’s Race:

Steve Nowlin – 2284 votes (59 percent)

Dennis Spruell – 1580 votes (41 percent)

Assessor:

Scott Davis – 2195 votes (63 percent)

Cynthia Claytor – 1302 votes (37 percent)

Coroner:

George Deavers – 2423 votes (66 percent

Michael Hall – 1232 votes (34 percent)

The winners in the Republican primary in Montezuma County rarely face Democratic opponents in the general election, and none will do so this year. There are expected to be several unaffiliated candidates contesting some of the races, but the advantage is usually with the Republicans, although in 2012 an unaffiliated candidate, Larry Don Suckla, was elected to the post of county commissioner.

The total number of ballots cast in the county was 4,837, not counting some 60 provisional and/or outstanding ballots from overseas military personnel that could still come in. None of the races were close enough to be affected by that count.

In a contested statewide Republican race, Montezuma County voters preferred Mike Kopp for governor, with 1079 votes, followed by Tom Tancredo with 921, Scott Gessler with 751, and Bob Beauprez with 665. The county’s voters preferred local and incumbent Third District Rep. Scott Tipton by a margin of more than 2 to 1 (2774 votes to 1012) over challenger David Cox, and leaned to Barbara Smith by a margin of 1524 to 1416 over Marcia Heal for the State Board of Education.

Published in June 2014

Montezuma County’s debilitating condition

Montezuma County has a debilitating disease that surfaces every now and then, hampering our growth. Its acronym is PPLS.

Its symptoms include a lack of innovation and a lack of vision, a John Wayne mentality, a rough-and-ready individual lifestyle. We forget that type of lifestyle was fiction, displayed on celluloid film now slowly decaying in the archives of the movie industry. The guns shot blanks and the fisticuffs were staged; the actors portraying this lifestyle were paid handsomely. Yet we seem to believe it was all real and try to act like those Western figures in our own lives – as when people backed that stupid fool in Nevada, not caring that he is stealing from the very ones that support him. He is already getting a subsidy from us taxpayers through the low cost of grazing his cattle on our land – allowing him to profit from their sale – yet he doesn’t think he should have to pay any money at all for the privilege.

What is so ironic about the anti-government movement is it is promulgated by many of the very people we elect that get their livelihood from the government. Makes one think we are getting scammed. A goodly portion of Montezuma County is supported by the federal government through wages, subsidies and grants. Take all that away, and we’d be far worse off than we are.

I was informed by one of our elected officials that our debt is pulling us down. Well, the world runs on debt, from Africa to the Arctic. We the taxpayers (whom one of our officials states he represents instead of government) are the ones that pay off the debt.

Where did that debt come from? It started 14 years back when we were led into a no win war to bring democracy to a 6,000-yearold tribal people that didn’t want it. When one discusses democracy with local constitutionalists I find we are not supposed to have democracy, either. We are supposed to be a republic. So much for convoluted thoughts.

Taxes are not evil. Everyone pays taxes and they give us police, fire, hospitals, sidewalks, roads, food, and education. Unfortunately, sometimes they also support that scourge, PPLS, a disease almost fatal to small cities and towns.

We keep waiting for the cavalry to come riding over the hill to rescue us instead of rallying our forces here and bringing us back to what the early settlers left us. We have to use our government as it was meant to be used instead of fighting the president on every turn. As I see it, there is only one way to get out of debt: Put people to work. Not on that stupid pipeline that will provide 25,000 jobs for three years, but by starting to rebuild our infrastructure, which will put millions to work for years. Infrastructure like roads, bridges, sewers, schools, water, energy, and all types of manufacturing from rug to roofs.

That’s at the national level. Locally, we need to get rid of those that have PPLS, use our local resources and build our community again. We need to protect our meager water supply, keep our national forest healthy and garner its resources carefully, and work to cohabit with neighboring towns, counties and states. We need to expand our vision instead of shrinking it. And we need to elect some people not affected by PPLS, the Urinary- Deficient Guidance Syndrome. If you want the translation, give me a call.

Galen Larson writes from Montezuma County, Colo.

Published in Galen Larson

An inviting history of an intriguing site

Archaeology in the Four Corners is a culture charged with protecting its findings. Artifacts and photographs, records of scientific investigations, site security and knowledge are often kept behind closed doors and can be difficult to access.

This is partly due to the vast amount of regional information collected by amateur and professional research teams over time and the storage dilemma facing the archivists delegated with the task of preserving the historical treasure. Museums, libraries, research centers, private and personal collections spread over vast distances often require professional degrees, associations or personal contacts for admission. The general public may find a path through the information maze a daunting task.

CHIMENY ROCK NATIONAL MONUMENTIn the recent book, “Chimney Rock National Monument,” regional authors Amron Gravett and Christine Robinette unlock the doors to the sacred storage house of knowledge and let the reader into a collection of information that would be tough to assemble on one’s own today.

More pictorial than dry archaeological text, the book offers an inviting, compelling history of Chimney Rock in vintage photographs followed by concise descriptions of its relevance to archaeology.

The authors are librarians and researchers. They know how to compile germane documents that show this archeological story in context. The birds and the tree rings, the nearby general store, animal bones and expeditions through rugged Colorado country to excavate and preserve the site are woven fluidly through the book.

Flip to any one of the hundreds of photographs assembled from 17 local, regional and federal archival resources, among them the Anasazi Heritage Center in Dolores, Library of Anthropology at the Museum of Indian Arts and Culture and the School for Advanced Research, both in Santa Fe, N.M.

You will see the peregrine falcons found at Chimney Rock in 1974. Their heart-warming, surprising inclusion in the book explains how they were discovered, rescued, returned to their mates. It bonds the reader to the bird, protected at that time by the Endangered Species Act.

The next sentence reveals the disastrous effect of DDT on the population of the peregine families at the site in the years that followed the rescue. The authors help us understand why thousands of people would build such elaborate, tightly constructed, Chacoan stone structures in this remote and inaccessible location and why we, the general public, should care.

Modi operandi of the Chimney Rock population are well accounted for in the book including the site’s astronomical alignment to the sun and moon built into the architecture. The Great House and surrounding kivas, living quarters, work spaces and the natural geology of the site link together evidence of how it may be a solar/lunar observatory capable of transmitting a calendar of events for ceremony and agriculture to other regional sites.

Concise descriptions, not verbose technical language, illustrate grand accounts of lunar standstills, total solar eclipses, the Crab Nebula supernova, comets and how these events align with the dates of human occupation at Chimney Rock.

We learn that every 18.6 years the moon reaches its northernmost point and seemingly stops and rests briefly at the bottom of the rock saddle between the Companion Rock pinnacles near the Great House ruin.

In a paragraph under the image of this phenomenon, astronomer and astrophysicist John McKim Malville theorizes that “prehistoric inhabitants of the area may have been observing moonrise and equinoctial sunrise between the rock spires as early as the eighth or ninth century.”

The book is replete with significant documents and images, brief but pertinent text. Reading it feels like time spent perusing a family vacation album. Even whole pages from exploration scrapbooks are inserted with handwritten margin notes intact.

It is an experience that piques the reader’s curiosity with a simple but elegant assemblage of black-and-white images that is hard to put down, except as you walk the trails at the site to see for yourself.

“Chimney Rock National Monument” is available at local book stores, independent retailers and on-line retailers, or through the publisher.

Published in June 2014

Artistic uprising

A new Indian market will challenge the old in Santa Fe

Late in March, John Torres Nez resigned from his position as chief operating officer of the Southwest Association of Indian Arts, the powerful not-for-profit that presents the annual Santa Fe (N.M.) Indian Market.

NEW SANTA FE INDIAN MARKET

From left, Daryl Dean Begay, John Torres Nez, Tailinh Agoyo, Paula Rivera and Monty Singer are pictured at the Railyard location of the new Indigenous Fine Art Market coming to Santa Fe, N.M., Aug. 22-24.

To an outsider, his resignation might seem like a small thing, just one of the transitions that occur in organizations. But it led to a cultural revolution among Native artists and the birth of a new market designed to showcase their more cutting-edge efforts.

News of the resignation spread quickly among Native artists in the Four Corners region. “It seemed abrupt,” said Ed Singer, Diné, a resident of Cortez, Colo., and a 2014 Artist in Residence at Mesa Verde. “The news was all over my Facebook within hours, and the Native conversations about the stability of Indian Market were intense, mostly focused on the money we had already paid to apply for admission, the risk we would be taking on behalf of Indian Market without John’s leadership.”

Venaya Yazzie, Diné, who just completed an artist’s residency at Mesa Verde, said she had worked with Torres Nez and appreciated him. “I did the SWAIA market show in 2008 and really enjoyed it, loved the support Mr. Nez gave. He was good on pushing the younger artists to shine. Great advice came from his mouth. The work he did on a person-to-person level was a good way of creating community.”

An expensive admission

Taking part in the Indian Market – scheduled for Aug. 23-24 this year – is a big gamble for most artists. Singer served as an SWAIA awards juror in the late ’70s, showed once in the market in the ’80s, and has had many shows in Santa Fe galleries during the market over the years. Even as an experienced pro, he knew there were no guarantees when he applied and paid his fees. When he learned that he was admitted to the 2014 market exhibit, Singer looked forward to showing with friends in August. “It was such a jolt to watch this story unfold, such as disappointment in SWAIA again.”

The association’s market accepts 1,100 Native artists to the exhibition tents on Santa Fe’s famed central plaza for the two-day market. They are expected to donate art to the association’s gala fundraiser and enter their art work in competitions.

This year, booth fees escalated from $470 in 2013 to $620 for a 5-by-10-foot tent in the plaza. That cost and the additional city license fee and application fees on the front end, plus food, lodging, transportation and shipping expenses can total $1,500 to $4,000 per artist for the show.

Santa Fe swells during the Indian Market. Tourists, buyers, collectors, gallery owners and museum curators join the artists and their families. Attendance can top 150,000. The audience is wealthy, largely white and older, people with income to spend on Native art work. Factoring in lodging and restaurant income, other services, and gallery sales outside the market, it is estimated that $1.5 million changes hands during the event.

SWAIA waited two days before it officially announced Torres Nez’s resignation. It briefly thanked him, wished him “the best in all his new endeavors,” and added that “SWAIA supports all our artists near and far, and as we continue to plan for a terrific Santa Fe Indian Market in 2014, we appreciate more than ever the continued support of all our artists, members and sponsors.”

But the resignation triggered a social-media firestorm demanding explanations and Nez’s reinstatement. Instead, the association announced a new website designed to answer any questions about SWAIA and the 93rd Santa Fe Indian Market. The site stated that all was well and the search was under way for an interim director.

Outsiders

Successful Indian Market artists produce work that fits traditional expectations, while trending, contemporary artists allege their work is marginalized. Turquoise jewelry sells well; concho belts, beaded bags, paintings of Southwest canyons, portraits of cowboys and stoic Indians.

Monty Singer, an award-winning pastel artist and the son of Ed Singer, returned to Cortez in April to meet with area artists, and his father, about the SWAIA situation. The younger Singer’s subject matter challenges the traditional imagery. After he showed in 2009 and 2010, he left, vowing to never do it again because it was obvious “that I was going to be treated like an outsider by the SWAIA establishment.”

“When John took over as director, he convinced me to come back because he said he was going to change things,” Monty Singer said. “I believed him and I started to see that change and came back to market in 2013. When I heard the news I was stunned. Devastated. He was the only ally I had there. I’ve never felt welcomed by SWAIA from the first time I was there.”

According to the elder Singer, “It’s a tent city set up to display itinerant Indian vendors. SWAIA promotes that status by awarding coveted prizes to stereotypical artwork and increasing booth and miscellaneous fees at the expense of artist support and sales.”

Unstable?

Part of the recent fiscal challenges facing Torres Nez at SWAIA stemmed from a line-item veto by Gov. Susana Martinez of $25,000 earmarked for Indian Market advertising. News of this loss came only a few weeks prior to his resignation.

Following that, the association’s website announced a furlough to a four-day week, loss of benefits to the staff and a 20 percent cut in pay to balance the budget in the leanest part of the year until they could secure a line of credit with a bank.

An on-line petition in support of Torres Nez circulated among Southwest Native artists, describing a lingering conflict between the structure of the board and its operating by-laws and representation of the Native artists it serves. It also alleged that a prickly working relationship between Torres Nez and the chief development officer contributed to the resignation.

“The SWAIA board culture has been unstable for years,” the petition states. “There have been seven directors in the 15 years prior to 2007, when Bruce Bernstein was made director. He hired John as director of artist services and as deputy director, and they instituted many positive changes. That positivity continued to evolve under John’s leadership in 2012. So what does that say about the SWAIA Board to let its most promising Chief Operating Officer, who rose within the organization, resign after 18 months?”

Diné silversmith Nanibaa Beck, the petition’s author, told the Free Press, “It did not make sense to me when I saw John’s resignation letter. I knew from my own experience as an intern there how efficiently the staff worked. I was shocked, confused.”

Beck circulated the petition after talking with friends who knew Torres Nez. Five hundred people signed within days.

Hip-hop and turquoise

In early April two more key personnel resigned from the SWAIA staff: marketing director Tailinh Agoyo, Narragansett / Blackfeet, marketing director, and artist services manager Paula Rivera, Taos Pueblo.

The stability of the 93rd Santa Fe Indian Market was coming under scrutiny at the same time 1,100 artists received their juried acceptance letters to this year’s market. The mood among the artists varied from sorrow at the loss of Torres Nez’s leadership to anger at the association’s board and fear of financial loss if the market folded. A good dose of paranoia surfaced as well, as artists feared jeopardizing their future relationship with SWAIA by speaking out for change.

Torres Nez, Diné, from Hana’dli (Huerfano) Chapter near Farmington, N.M., was the curator for the Museum of Indian Arts & Culture before accepting positions at SWAIA under then-director Bernstein in 2007. He has also worked as an environmental project manager and Native American Graves Protection and Repatriation Act coordinator for the U.S. Air Force, and as a director of the Navajo Nation Archaeology Department. He holds a master’s in anthropology, a doctorate in ethnic studies. His association with SWAIA over the past seven years provided him with experience at one of the largest and longest-running art markets in North America.

His resignation letter stated he had “chosen to leave an organization he loves.” Media said the association board was surprised by the resignation and did not ask him back or address the issues causing his resignation. That measured response threw open the door for the possibility of competition. Artists began to consider founding a new market “for the people, by the people.”

It was time, said Monty Singer, at a meeting in Cortez. “SWAIA, and Santa Fe in general, lost its original message and thus lost its potential as a force for social change. It is a business. Ultimately, it favors what sells. “Well, universal truth is not measured in mass appeal. And truth in the Native American experience expressed in art lost out to an industry more concerned with selling pretty images of Native American iconography that matches the Italian silk sofas of the ruling aristocracy.”

Disenfranchised artists talked about founding a new market more fit for modern Native culture. Torres Nez was planning to find another job when the group came to him for advice and help.

“What happened seemed so natural,” said Torres Nez in a telephone interview with the Free Press. “I was considering going back to the museum, and other options, but by then a couple of dozen artists from all over the Southwest came to me. Their energy was positive and they wanted a new market that was much more about art and Native people in the 21st century. Yes, we listen to Iron Maiden and hip-hop and, yes, we make turquoise jewelry and beadwork. We are both.”

With Torres Nez at the helm, the group sought to define a new, progressive identity – and the Indigenous Fine Art Market, IFAM, was born. It launched April 27, just four weeks after his resignation. It will be held in Santa Fe at the Railyard during the same week as the SWAIA Market, but it begins one day earlier, Thursday through Saturday, Aug. 21-23.

Even though artists sparred over the merits of each market, debating which was the best fit and best financial bet for their work, the IFAM Facebook page “likes” soared to 1,000 a week, and 12 percent of accepted 2014 SWAIA Indian Art Market artists soon joined the fledgling group.

For the artists and their families it is a critical economic and career decision. For some it also sparked cultural discourse. Beck remembers a 2013 Torres Nez interview with Indian Country Today when he said that for indigenous people, “the concept of selling is modern; sharing is ancient. But we are both today and the IFAM market represents that consciousness,” she said.

“Like other grassroots movements against old kleptocratic power structures, IFAM is a movement whose time has come, like Arab Spring,” explained the younger Singer. “Well, get ready for Indian Summer.”

IFAM comes from a balanced energy, said Torres Nez. “The energy came from the artists. It is about what the artists see and want and what they know they are capable of accomplishing. I listened and knew I had an obligation to them. That includes envisioning an expanding future for IFAM, possibly IFAM in the northwest; IFAM in Tokyo.”

Yazzie believes Torres Nez is practicing a type of decolonization. He didn’t agree with how he was being treated by SWAIA, so he forged his own path. “It’s a brilliant step, really,”

Yazzie said, “and that he supported the art people is even stronger. He is perpetuating the Diné way of nataani. The Navajo man in the 21st century must find ways to be a survivor in our society. It gives them meaning. IFAM is very inspirational.”

According to Agoyo, the IFAM model is an opportunity for artists everywhere to move out from under oppressive organizations and stereotypes. “We are presenting a market that’s accountable to the artists. We know the greater good. We know what global diversity we represent.”

The new market is now a reality. Torres Nez was installed as president by a vote of the membership. Agoyo is director of marketing and creative services, while Rivera accepted the position of director of program operations to complete the IFAM staff. The event will take place at the Railyard, a hip location surrounded by the Railyard Art District, within walking distance of the SWAIA market.

Sponsorship and the artist-based membership numbers at IFAM grow daily. Santa Fe locals have dubbed IFAM “the cool market.”

Meanwhile, the SWAIA board has moved forward, appointing Dallin Maybee, Northern Arapaho/Seneca, as interim chief operations officer. Both organizations are working toward a successful experience for artists and patrons this year although they will compete during the same week this summer.

Yanua Morgan, Diné, a potter from Ismay/ Cahone Mesa, is positive.

“Art is like air. People need it, but artists and markets need competition,” Morgan said. “If there is only one market the artists and organization get stuck in their ways. IFAM broadens the chance for everyone and will improve both markets, the success of more artists. I have been on a brief respite from my pottery-making, but the young people’s achievement with this concept, and the reduced booth fees, is exhilarating. Now, I’m on my way back to market next year.”

Published in June 2014

Erasing history

A report warns that climate change threatens treasures such as Mesa Verde

Apparently human-caused, the Slide fire, named for its point of origin in Slide Rock State Park in Arizona’s Oak Creek Canyon, broke out on May 20. It burned out of control through some of Arizona’s most precious red-rock canyon, piñon juniper and oak riparian zones, including the West Fork of Oak Creek Canyon, Pumphouse Wash, and Secret Canyon.

MESA VERDE ROCK ART

Archaeologists examine a rock-art panel at Mesa Verde that was scorched in a 1996 wildfire. Photo by David Long

A week after it started, the fire was only 35 percent contained and had burned a 25-square-mile area, much of it remote wilderness and national forest.

Although at press time no serious injuries had been reported and no houses had burned, for anyone who has been to the region, the loss was devastating. Popular with tourists, the area contains natural arches and is full of archaeological sites dating back to when the region was populated by indigenous residents.

Now, locals are already concerned about post-wildfire mudslides and the impact to tourism.

On the same day that the Arizona fire broke out, the nonprofit Union of Concerned Scientists, an advocacy group based in the United States, released findings calling attention to the potential impacts of climate change on national heritage sites, several of them in the Four Corners region. The Society for American Archaeology also released a report in conjunction with the UCS, calling for more protection and preservation of archaeological sites, noting for the first time in the society’s history the impact of contemporary climate change.

The UCS report stated that the nation’s cultural heritage is under siege due to changing weather patterns and conditions. Links to the past are in danger in such places as Jamestown, the first permanent English settlement in the United States, which is likely to be submerged as sea levels rise.

Other places such as the Everglades (home to ancient structures built of oyster and clam shells), the Statue of Liberty, Bering Land Bridge Natural Preserve, Kennedy Space Center, and Groveland Hotel in California’s Gold Rush territory are threatened by rising sea levels or flooding as well.

Locally, threatened sites include Mesa Verde National Park in Colorado and Bandelier National Monument in New Mexico, according to the report.

“During the last decade and a half, massive fires have swept through Mesa Verde National Park and Bandelier National Monument and other southwestern sites, damaging ancient pueblo masonry, petroglyphs and pottery,” said Adam Markham, director of climate impacts at UCS and a co-author of the report, in a press release. “Heavy rains and the extraordinary floods that have followed some of these fires have caused even more damage, destroying trails, damaging adobe buildings and washing away vital archaeological resources. These sites face huge risks as the climate continues to change.”

Cliff Spencer, superintendent at Mesa Verde National Park, told the Free Press that the park is doing quite a few things to mitigate the effects of climate change. Beginning in 2009, photovoltaic panels were installed, and then another solar array was added at the new visitors center. The park now provides 140-150 kilowatts of its own solar energy a day. The visitors center is also heated and cooled using renewable energy, with a ground source heat pump and 400-foot wells behind the new building.

Mesa Verde was also the recipient of a Southern Colorado Clean City grant, and has begun using propane-powered vehicles, including park vehicles and the bus trams that take visitors to remote regions of the park.

“We’re doing a lot and we’re looking to do more,” Spencer said, “depending upon funds and new technologies as they become available.” In the works are a visitor transportation plan that will encourage mass transit and discourage the use of private vehicles. “We are working to make the park more accessible,” he said.

Public hearings on the plan will take place at the end of the summer.

Other changes already made at the park include the installation of new water stations for visitors to refill their own water bottles, thus discouraging the purchase of disposable water bottles. “We can significantly reduce the amount of plastic in the waste stream,” said Spencer.

Education about climate change is also a part of the efforts at Mesa Verde NP. Major fires occurred in the park in 1934, 1959, 1972, 1989, 1996, and 2000, with the last one in 2002. Most fires are lightning-caused and burn out quickly, but with the severe drought of recent years, the fires have done more damage to the park on both Wetherill and Chapin mesas.

Now, park visitors can see a fire-history map at the museum on Chapin Mesa, documenting the timing and extent of the recent fire activity.

“We want to talk about this more,” Spencer said. “We want to involve the public and provide more transparency on our efforts.” Information about drought and wildfires, forest regeneration and the smaller snowpacks of the past four winters is all part of the visitor experience.

Firefighters try to protect archaeological sites at Mesa Verde, but their efforts are not always successful. The 1996 fire scorched a large rock-art panel called Battleship Rock.

In 2000, archaeologists accompanied firefighters during the Pony fire, and discovered four Ancestral Puebloan shelters ruined, along with some charred ladders in Step House. There was no impact at other cliff dwellings – the mesa fires do not usually reach into the protected alcoves.

While most of the stone ruins remain, losses are primarily felt in the destruction of wildlife habitat and plants. It can take over a hundred years for forest vegetation to regenerate in the arid Southwest.

The UCS report came on the heels of the National Climate Assessment, released in early May, a scientific report that said climate change is already having major effects in the United States.

In the West, winter snowpacks have been reduced, red dust from Utah and Arizona frequently covers the peaks of the San Juans, and spring runoffs come faster and earlier, disrupting agricultural practices and seasonal tourism. Drought-stressed vegetation is attacked by bark beetles and burned in catastrophic wildfires.

In the rest of the country, “superstorms,” floods, and unusual and irregular weather patterns hit in regions where they cause harm. Think of the late snowstorms in the Midwest, or the wildfires in Oklahoma and California in May.

The UCS warns that global climate change will affect not only people’s everyday lives, but society’s understanding of the past. Unless action is taken to minimize the impacts on the places that mark shared history, society’s understanding of itself and its relationships to places around it is at risk, the report states.

Also in conjunction with the UCS report, the Pueblo of Santa Clara in New Mexico released a report documenting the drastic and deleterious effects of a 2011 wildfire on the reservation that destroyed at least 50 percent of the pueblo’s watershed.

More than 15,000 acres of tribal forest were burned. Now, three years later, the residents of Santa Clara are still living with the consequences.

Prior to the fire, the forest and watershed not only provided drinking water for the tribe, but also timber, pasture and traditional economic and recreational resources.

Today, the area experiences annual flooding, which has increased in intensity and duration since the fire and threatens to ruin the pueblo itself. In response, the pueblo is facing bankruptcy as it plans to build a pond before the annual monsoons, to mediate the impacts of flooding.

Elsewhere in the region, directors of archaeological and heritage sites are contemplating the impacts of climate change. The BLM is working with the U.S. Forest Service and other agencies to document the impacts of climate change on some sites such as Canyons of the Ancients.

The UCS report recommends not only a reduction in carbon emissions, but also protection and preservation of historic sites to minimize the potential impacts of sea-level rise, fires and flooding. So far, the added impacts of energy development on public lands have not been addressed.

While much of the attention is on the devastation that fires can cause, some good news resulted from the Slide fire north of Sedona, Ariz. Firefighters preparing burnout operations discovered a previously unknown historic cabin, which they promptly protected by constructing a fire line and removing debris around it.

Coconino National Forest archaeologist Jeremy Haines salvaged an axe-hewn log from the cabin, which he sent to the Tree Ring Laboratory at the University of Arizona in Tucson. Surprisingly, in this instance, the fire served to help preserve a previously unknown piece of local cultural history and will provide more information on the history of the canyon area.

But the UCS report warns that climate change is impacting everyone, and the preservation of historic and archaeological heritage is important not only to local economies, but to our collective identity as humans in this region.

“Given the scale of the problem and the cultural value of the places at risk, it is not enough merely to plan for change and expect to adapt,” the report states.

“We must begin now to prepare our threatened landmarks to face worsening climate impacts; climate resilience must become a national priority and we must allocate the necessary resources. We must also work to minimize the risks by reducing the carbon emissions that cause climate change.

“The science is clear that by abating our carbon pollution we can slow the pace of change and thereby lower the risks posed by extreme heat, flooding, and rising seas.”

Published in June 2014

Lyman ‘gratified’ by support, shocked by size of response

Looking back on the May 10 Recapture Canyon protest ride, which drew nearly 100 motorized users onto a trail closed to vehicles, San Juan County Commissioner Phil Lyman says he is humbled by the size of the response.

Media outlets from across the country picked up the story. Reaction has been both negative and positive; Lyman said he had to shut down his Facebook page as vulgar comments started to surface.

“The most notable thing about this protest is that it was so notable,” he said May 23 in a phone interview with the Free Press.

“There were parts of the event that left me really, really gratified,” Lyman said. “People were respectful and peaceful and there was a tremendous amount of support.”

But Lyman said he did not anticipate the support of the anti-federal-government contingent and Ryan Bundy, son of Cliven Bundy, a Nevada rancher who in April made headlines when federal agencies unsuccessfully sought to seize his cattle over unpaid grazing fees.

“We planned this event before the Bundy thing,” Lyman said.

When Lyman found out that Ryan Bundy would attend, he knew the event could become volatile.

“I told Ryan Bundy, ‘We are not about grazing our cattle. If you go down that trail, it will look like we are looking for conflict’,” he said.

Lyman said he felt he was between a rock and a hard place. He had originally planned to ride down the closed road himself, but suddenly the national press was watching. He suggested at the rally before the ride that the group instead ride the open-to-motorized trail on the canyon rim.

“We can still make a statement, but not break the law,” he said.

But that suggestion was met with jeers from the Bundy group.

In the end, Lyman and about 100 others rode down the closed trail.

“It means something,” he said. “Nobody has interest in damaging artifacts. The trail has been there for 100 years. Anywhere you go in San Juan County, you are going to find artifacts.”

But the ride drew negative reactions along with support.

“Shame on you, Phil. You masquerade as a County official and blatantly fly in the face of the law. Double effing standard,” said one comment on Lyman’s Facebook page.

“There are thousands of miles of places you can ride your ATVs. There are too many people overweight. Why can’t one trail be for hiking, walking? I really think you have hurt your cause, and turned the public against you. The media is reporting that you rode ATVs on a sacred burial ground. You look really bad,” another wrote.

Others applauded Lyman’s efforts. “Great day and proud you are San Juan’s only commissioner who is willing to stand up and fight for the publics land. Thank you,” one person posted.

Lyman said he has been in close contact with the BLM and the sheriff ’s office. So far, he said no one has been fined for driving on the closed section of road, but he doesn’t know if citations may come from the state level. “People are not flustered by the threat of fines,” he said.

“It all ties in to the heavy hand of the BLM,” Lyman said. “In Blanding you go in any direction and you are on BLM land and when they put up closed signs everywhere, it gets old.”

Lyman held a town-hall meeting May 20 that he said was well-attended. In the end, he said, he is glad he organized the event.

“This isn’t about Recapture. It isn’t about ATVs. It is about the emergency closure. I think they misused the emergency closure,” he said.

“This was a painful decision. You protest when all other avenues fail. I do think we are going to see some better discussions now with the Utes and Navajos and the BLM.”

Published in June 2014

Nowlin calls for better leadership

STEVE NOWLIN

Steve Nowlin

Veteran law officer Steve Nowlin believes it’s time for a change in the Montezuma County Sheriff ’s Office. Although that’s something challengers regularly say when seeking to unseat an incumbent, Nowlin says in this instance, it’s very valid.

“If we look at what’s happened with our sheriff ’s office in the past 3 1/2 years, I think that speaks for itself. I know I can do much better,” he said in an interview.

After nearly 38 years in law enforcement – 14 with the Cortez Police Department, three with the MCSO and 21 with the Colorado State Patrol – Nowlin, 57, said he has the experience to bring “leadership and professionalism” to the sheriff ’s office.

He will face incumbent Sheriff Dennis Spruell in the June 24 Republican primary.

He said Spruell’s term as sheriff has been blighted by incidents such as embezzlement charges against his former undersheriff, Robin Cronk, and deaths in the county detention center.

“Last year there was a total of 12 jail deaths in the state, and three were in Montezuma County,” Nowlin said. “And the undersheriff – long before the embezzlement, he was involved in a false arrest [that resulted in a $25,000 settlement].

“It’s just because there’s no true leadership. The public trust is what’s affected. That’s what I would bring, rebuilding this public trust.

“I want to make this the most professional, highly trained, trusted and respected agency in the state. We all want that.”

Nowlin said he’s not a politician, but campaigning is a necessity when seeking to become sheriff. “I look at this as a hiring process. The people of the state of Colorado have determined the process for being hired as county sheriff.”

When Nowlin and Spruell spoke at a meeting of the 9-12 Project in Cortez on May 19, both emphasized their conservative bona fides, pulling out pocket copies of the U.S. Constitution and stressing its importance (and that of the state constitution) to the job of sheriff.

When asked by the audience, both said they would not enforce laws they believe are unconstitutional. “I will not enforce any law that I know for a fact through my training and experience and my heart is unconstitutional,” Nowlin said. “If a law is possibly constitutional but is unenforceable, I will not enforce it. I will only do what my lawful authority is and not overreach.”

He added, “I won’t allow anything to happen to anybody in this county if I can prevent it. . . .I won’t let anybody take away any of your freedoms.”

But a difference emerged when they discussed how they determine what is constitutional. While Spruell said he reads the Constitution, relies on other sheriffs’ views, and asks other people, Nowlin said he also researches court rulings and communicates with numerous prosecutors. He told the Free Press a sheriff can’t decide on his own what is constitutional.

“A sheriff doesn’t decide that. No peace officer decides that.”

“We’re a country of laws,” he added. “I don’t agree that courts have no jurisdiction [in such matters].”

It’s more than an academic question, since Spruell as well as the current county commissioners and many local citizens have argued that the U.S. Forest Service and Bureau of Land Management don’t have the authority to close roads on public lands without first “coordinating with” – i.e., getting permission from – the county. Spruell has repeatedly threatened to cite federal agents that conduct any road closures he sees as illegal and to reopen roads he believes were illegally closed.

Nowlin said the sheriff ’s role in such issues, first off, is to keep the peace.

“Any peace officer has to remain neutral. There’s ways to go about handling these road closures – the right way, the legal, lawful way. “You have to have lawful authority to take any action.

“As a peace officer, we have to obey all the laws, more than anybody else. It applies to us more than anyone. We have to set the example until it is changed or repealed. That’s what we’re supposed to do whether we like it or not. The law applies to me more.”

He said he while he is concerned about any over-reach by federal authorities, he believes it’s best to try to work things out without threats. “You have to get people to communicate and talk to one another. And that would happen.”

Nowlin said he can see both sides of the road issue. “There are some roads that I understand should have never been left open, but I also understand the historic roads that should be opened by access.”

He pointed out that road closures don’t prohibit people, only motorized vehicles.

“A road-closed sign doesn’t mean you can’t go in there. You can walk in, ride a horse, ride a bicycle, or fly if you could. It doesn’t keep us from the land that all of us own.”

Communication is key to solving such disputes, Nowlin stressed, and the county commissioners and state legislators need to be involved.

“I have a good working relationship with all agencies. That’s how to prevent escalated problems. You can’t talk bad about somebody one day and then tell somebody an untruth that you have a good working relationship with them.”

Nowlin said he doesn’t necessarily agree with the viewpoint, popular among some locals, that the federal government shouldn’t own broad swaths of lands.

“There’s a view that claims that the Forest Service and BLM are unconstitutional. If we look back, I believe it was our Congress that actually enacted the departments of agriculture and interior. If we go back even further it was manifest destiny that took all of this.” And if you go back far enough, the land belonged to indigenous peoples, he said.

“The state of Colorado wanted the federal government to manage public lands because of grazing, and it worked well. I’m very thankful we had people with that type of foresight that preserved that amount of land that’s available to all of us.”

When asked about the idea of the state taking over federal public lands, Nowlin laughed. “I’ve worked for the state,” he said. “We’re trading one for the other.” He said there could be even more regulations if this were to happen.

The issue of limiting motorized use on public lands has only come to the forefront in the past 15 years because of the explosion in ATV use, he said. He agrees with the concept of multiple use, but said he’s seen damage done by off-road vehicles.

“The big question is, how do you manage people. Things change. You’re never going to get everybody to agree.

“But nobody needs to get hurt over any of this and that’s the thing I have tried to make perfectly clear.

“If the sheriff ’s office would work more closely with these federal agencies, like we used to do in the past, we would have much better understanding and communication and cooperation and coordination between everybody.”

For example, in the 1990s when he was a sheriff ’s detective lieutenant, there was an alarming increase in cattle theft. The sheriff ’s office and federal agencies had to work together to solve the problem.

“We used federal co-op money . . . to protect our ranchers’ property when they went on public land,” he explained. “We patrolled those areas, moved with cattle drives when they came up and down.”

He said that by working with the feds in investigating livestock thefts, they had been able to identify those involved and convict them. “But it takes cooperation. That’s what helped – going out there and talking to people – that’s how you solve crimes.”

Nowlin also differs from Spruell in his view about accepting federal grant monies. Spruell is loath to do so, maintaining such programs get federal funds for only a few years, then the burden falls on local taxpayers. Nowlin said simply, “We have to. There’s money out there.”

He would like to use federal funds to bring back the regional drug task force, which was dismantled because of a lack of monies.

“I’m going to work with all the agencies in the Four Corners, increase our enforcement, and try to make an impact on the importation of these controlled substances. If you reduce the addiction and the importation, you’re solving crimes, preventing crimes.”

But to solve the drug problem, he said, “you also have to provide opportunity for recovery.”

At the 9-12 meeting, Nowlin was questioned about some transcripts from an old trial that have been circulating in the county. In those, several witnesses under questioning by a defense attorney said they didn’t believe Nowlin always told the truth and that he was “over-zealous” in trying to get convictions.

Nowlin said the case in question involved organized crime, racketeering and auto theft and that the jurors evidently believed in his veracity, because the defendant was convicted and sentenced to 96 years. He said the questioning was typical of defense attorneys. “That’s the way our system works.”

He added, “I have a lot of defense attorneys that respect me and I’ve never perjured myself on the stand. There is nothing there. It was trying to put me on trial instead of a career criminal that had victimized hundreds of people.”

Nowlin said he will emphasize thorough training for employees and that he will actively seek to hire Native Americans to be on staff, something that has proven difficult for local law agencies to do. In addition, he will especially look to hire military veterans. “They are by far the best and brightest that we can gather.”

After his long career, Nowlin said he could easily have retired, but his concerns about the sheriff ’s office convinced him that he needed to run.

“When you see that it’s taken a wrong road, you have to try and do something to help.”

Published in June 2014

Spruell proud of openness, innovations

SHERIFF DENNIS SPRUEL

Sheriff Dennis Spruell

Despite a first term with some extreme peaks and valleys, Montezuma County Sheriff Dennis Spruell is eager for four more years in office.

“I can’t convey to you how badly I want another term,” Spruell said in an interview. “It really takes three years to start getting things going the way you want them, and to rip the rug out and start over again is, I think, unfair to the community.”

When Spruell won election in 2010, he enjoyed a heady honeymoon period. The self-described constitutional sheriff was enormously popular locally because of his vocal criticism of federal public-land agencies and their closures of certain roads. He was interviewed by newspapers around the state and featured on a national radio show.

Then he began hitting bumps in the road, including problems with his undersheriff, Robin Cronk, whose false arrest of a Cortez man cost the county’s insurer $25,000 and who later was charged with numerous felony counts of embezzlement for spending some $7,500 of sheriff ’s office funds on personal items. Cronk pleaded guilty to one felony and one misdemeanor count and was sentenced May 30 to 30 days in jail.

There were problems as well with another employee, Sgt. Darrin Harper, who was terminated last summer after District Attorney Will Furse publicly complained that Harper played fast and loose with constitutional rights; and headlines about three deaths in the county detention center.

“The first year I was here, it was a dream. Everything was going fantastic,” Spruell said. “Then we had Robin Cronk and [other issues], so my first term was extremely stressful, but I feel I handled everything appropriately. Now that things are settled down I want to continue and improve.”

Spruell, 56, has 34 years’ experience in law enforcement, most of it with the Cortez Police Department and all but six of it in supervisory positions. He faces a challenge in the June 24 Republican primary from longtime law officer Steve Nowlin.

Spruell said he did not want to criticize Nowlin, whom he called “a great guy, a very, very good investigator.”

Instead, he wanted to focus on the accomplishments of his first term, which he said have been overlooked amid the negative headlines. His top achievement, he said, has been improving the county jail – reducing the burgeoning inmate population through a Pretrial Services program, implementing constitutionally based policies and procedures, employing an intake officer and a contract worker from Axis Health System to screen inmates for substance-abuse and mental-health problems. [See Free Press, April 2014.] He has also used funds already within his budget to give pay increases to detention deputies.

“We have made fantastic strides,” Spruell said. “The jail has come a long way.”

When he came into office, he instituted a policy in which at least two patrol deputies are on duty at all times. Previously, only one person was on duty in the early-morning hours.

In addition, he has worked to be “the most open sheriff, the most transparent sheriff we’ve ever had.” To that end, he has eliminated the automated “phone tree” at the sheriff ’s office and ensured that callers reach a live person. He has been posting condensed versions of incident reports on the sheriff ’s office Facebook page. He is easily accessible by telephone. “If people call me, I will answer – I will return the phone call.” And soon every deputy is going to be required to wear a video camera, he said.

Spruell said even while making those improvements, he also has been able to keep the budget at the 2009 level without reducing services.

Spruell and Nowlin spoke at a meeting of the local 9-12 Project on May 19, and sounded more alike than not when answering questions from the crowd. Those included whether they fly a flag at home (Nowlin does; Spruell doesn’t at home but does on a truck he drives); how they feel about marijuana (both are concerned about its abuse by youth but accept the fact that it’s legal in Colorado); and whether they would allow a federal agency to take someone’s goats away (not without proper paperwork and authority).

But Spruell said there are definite differences. For one thing, while Nowlin is willing to accept federal grants, Spruell generally opposes them, “because there’s always a catch. You can have the money for two years but then you have to take it over yourselves. We have grown enough we don’t need the federal government to help us overgrow and add more costs to the county than they can bear.”

Spruell said he also takes a tougher stance regarding gun rights. He has joined the majority of Colorado’s sheriffs in a lawsuit against the state over new gun restrictions.

The issue that brought Spruell his statewide fame – as well as considerable criticism – is his stance on road closures on public lands. He has repeatedly said he will cite Forest Service or Bureau of Land Management agents if they close a local road in a manner he believes to be illegal. He told the 9-12ers he has 354 armed citizens that he can call to his backing if necessary.

However, he told the Free Press he is not anti-federal-government, he simply doesn’t want other branches of the government encroaching on the rights of local citizens.

Early in his term, when there was a vociferous outcry and a protest march over road closures proposed in the Boggy-Glade area north of Dolores, Spruell was worried about the safety of federal agents, he said.

“I was afraid because the outcry from the citizens had gotten so loud and there’s always those nut jobs that want to go physical. I was truly afraid that someone would do something.

“I am still afraid for them because of what’s going on across the country,” Spruell said. “I have a duty to protect all the citizens of Montezuma County. It doesn’t matter who they are. A BLM officer is a very, very good friend of mine and I don’t want to see him hurt because of some rebel or nut job.”

He emphasized that while he believes everyone should be able to voice an opinion, “Physical violence doesn’t solve anything.”

He was present at the protest march against the Forest Service and agreed with the protesters, he said at the 9-12 meeting, but he was there to keep the peace. “I am not a rebel, not a conspiracy theorist.”

Spruell told the Free Press that there are Forest Service and BLM roads that need to be closed, “but it needs to be done in coordination with the county, and they shouldn’t arbitrarily close roads without a discussion.”

Spruell said he was instrumental in persuading the Forest Service to quit de-commissioning old roads by tearing them up. “I don’t believe destruction of the earth was the way to go about fixing the problem,” he said, “which was people using these roads that should not have been used. Don’t take a ripper and rip it and build berms 4 feet high with stinking mosquito-infested water-filled holes.” He noted that after he and others complained, the Forest Service brought in experts who agreed the methods were probably too drastic and began gentler practices.

He admitted that his relations with the agency still are not cozy, however. “They don’t call me. They’re better with the [county] commissioners.”

Spruell said his biggest mistake in office was “the crooked undersheriff that I hired.” At the time, however, Cronk seemed the right choice. Since then, he has implemented stricter accounting practices. “There is not one bill that goes through this office that I have not seen. I am looking at oil changes now. If somebody buys a $1.39 light bulb, now it comes to me. I review everything.”

Cronk’s replacement, Undersheriff Lynda Carter, is “fantastic,” Spruell said. “Her risk- management skills and her knowledge of the law are fantastic.”

He added, “I make a lot of mistakes, but I try to correct them all.”

Spruell believes that press coverage of his administration has been skewed toward the negative. For instance, a recent article in the Cortez Journal indicated that there was a disproportionately high number of minorities in the county jail because half the inmates were Native American or Hispanic although those groups make up just a quarter of the county’s population overall.

Spruell said those statistics are misleading because not all the jail’s inmates are locals. Some are held for outside agencies, and some are arrested in Montezuma County but don’t live here. Those include Native Americans who come to Cortez to drink because they can’t drink on their home reservations, and are then nabbed on minor offenses because they are drinking in public rather than at home (as non-Natives are able to do).

More detailed statistics provided by the sheriff ’s office show that, when out-of-state inmates are removed from the picture, 14 percent of inmates are Hispanic, close to the percentage in the general population. Another 27 percent are Native American, a ratio higher than in the general population (12 percent) but far lower than the 42 percent cited in the Journal article.

In addition, Spruell pointed out, the sheriff ’s office doesn’t arrest many of the inmates; many are brought to jail by the Cortez police.

“This is not a racist organization,” he said. Spruell has three African-Americans and a sizeable number of Hispanic and female employees on staff; he said he’d like to hire Native Americans, but none have applied, probably because they can make more money elsewhere.

He also said it was unfair to lambaste the sheriff ’s office for the three jail deaths, which included a suicide, a death from an aneurysm and a death related to chronic drinking.

“What would you have done to prevent that?” Spruell said. “Tell people to lead a better lifestyle? There’s nothing they [jail staff] could have done. The inmates were medically cleared before they came in.”

Regarding the suicide, he said the jail staff evaluated their procedures, and one person who had been late in doing a cell check was reprimanded. However, he added, “[The inmate] was going to commit suicide no matter what.”

Spruell emphasized that he wants more time to finish the work he’s started in what he sees as the sheriff ’s broad role. “I feel that a sheriff is much more than a bureaucrat who enforces laws. The sheriff is the protector of his community. His No. 1 responsibility is to protect its health, safety and welfare. It’s also very important that he look to the big picture and the entire function of the government.”

Published in June 2014

Speedy acquittal

The town of Dolores’s first jury trial in decades stemmed from a rafting-related dispute

It may not have been the trial of the century, but in the tiny town of Dolores, it was easily the jury trial of the last few decades, being the only one locals could recall.

“You’re making history,” municipal Judge Jim Shaner joked on May 22.

After a morning-long jury-selection process that at times seemed as tedious as the NFL draft, and an afternoon and evening of conflicting testimony, it took the chosen six jurors less than 15 minutes to find commercial rafter Thomas Wolfe not guilty of disorderly conduct.

Rancher Bruce Lightenburger had accused Wolfe of punching him in the back of his head during an incident Jan. 17 at the Hollywood Bar and Grill.

The trial piqued interest among the town and local rafting community because the defendant and his accuser have had a longrunning conflict over Wolfe’s ability to raft the Dolores River on the stretch that bisects the rancher’s 620-acre spread.

Previously, Lightenburger had accused Wolfe – who operated a small commercial rafting venture – of cutting a fence across the river that confined his cattle to the property, but this act was vigorously denied by Wolfe.

Their mutual hostility apparently came to a head at the Hollywood on Jan. 17.

Wolfe was in the bar having dinner with his partner, Janneli Miller, and a friend, Linda Robinson.

Lightenburger was there as well with his wife and a friend, Isaque Martinez.

At some point, Lightenburger and Wolfe had a confrontation, but the witnesses – who mostly were with one party or the other – varied considerably on the details.

Several witnesses, including both men’s significant others, testified they saw a heated exchange of words after which Wolfe left the bar.

Dawn McCabe-Lightenburger said there had been “a lot of screaming between the two of them.”

And Miller, also said she’d seen them “yelling” at one another.

However, the alleged victim remembered it somewhat differently.

Under questioning from prosecutor Mike Green as well as defense attorney Marshall Sumrall, Lightenburger repeatedly denied arguing with the defendant, either before or after what he described as a blow so hard he suffered a headache for more than a day.

“I absolutely did not respond,” he said. “My wife doesn’t allow any violence.” He agreed with Sumrall that anyone who testified there had been a verbal exchange would be lying or mistaken.

“I never said a word,” he added. “I’ve never been in a fight in a bar in my life.”

Lightenburger conceded he had been on a list of people banned by the previous owner of the “old Hollywood” (which burned down in 2012), but said that was only because he’d been there once with a friend who had gotten in a fight.

The new owner, Travis Giddings, later testified that he had “inherited” the list and didn’t even know who the complainant was.

McCabe-Lightenburger said she saw the defendant swing wildly at her husband. Lightenburger testified that he didn’t see the blow coming, but felt it on the back of his head. After that, he said, he turned around and saw an off-balance, apparently drunk Wolfe. “I think he tried to knock me out – I was shocked.”

Lightenburger said until that point he hadn’t even recognized Wolfe – despite the fact that Martinez, who knew them both, had introduced them a little earlier. Lightenburger said Martinez had called Wolfe

“Tommy” and so he didn’t realize that was, in fact, Wolfe.

Martinez, a professional martial-arts fighter, testified he’d seen the defendant deliver a glancing blow, and was “sure they exchanged words after the punch.”

Martinez said he intervened at that point, pushing Wolfe away.

But Miller emphatically and repeatedly stated that she had not taken her eyes off the two during the fracas, and Wolfe had never struck Lightenburger. She testified that their “introduction” by Martinez had been very intimidating, with Wolfe being spun around on his bar stool by one of the men, who were standing quite close to him.

“They were cackling and laughing, then (Lightenburger) grabbed his hand – it didn’t sound like a friendly conversation to me (and) I was scared. Tom’s face was sheet-white.”

Miller said she watched closely as Wolfe went to retrieve his hat from near where Lightenburger was standing, and that while she wasn’t sure who spoke first, they had yelled at one another before Martinez stepped between them. She testified there was no physical contact.

Under cross-examination by a clearly skeptical Green, Miller said she hadn’t gone into as much detail when she was interviewed by Montezuma County Sheriff ’s Deputy James Utley later that night at her home because he hadn’t asked as many questions as Green.

“You shouldn’t misrepresent me,” she shot back at the prosecutor.

Lightenburger testified he had “neither liked nor disliked” Wolfe before he was attacked, but documents introduced by the defense and testimony from Wade Hansen, president of the Dolores River Boating Advocates, seemed to indicate otherwise.

Hansen said a meeting of the group last fall to discuss making the river safer for boating began with Lightenburger delivering a “sustained and rambling rant” against Wolfe (although the jury was instructed to disregard this statement as hearsay). Hansen also said Lightenburger had appeared “hostile” toward Wolfe rather than ambivalent.

Utley testified that based on the information he obtained that night, he initially did not believe he had enough evidence to bring any charges, but after contacting Martinez a few days later, he decided the incident was covered by the town’s disorderly-conduct ordinance.

Responding to a juror’s written question about why no assault charge was filed, he said he didn’t believe what had occurred met the standard for that. The deputy, a 12-year veteran of the sheriff ’s office, said he had observed no marks or bruising on Lightenburger when he talked to him about an hour after the brouhaha, nor any marks or contusions on Wolfe’s hands.

He said it was obvious both parties had been drinking, and that Wolfe was “not a whole lot more intoxicated, maybe a little,” and appeared unsteady on his feet.

Wolfe was the last witness to take the stand. He said he and Lightenburger had once had had a friendly acquaintanceship, that Lightenburger said he didn’t have a problem with him floating down the river and even thanked him for fixing something with the fence. Later, though, things soured.

Wolfe said the rancher called him early one morning over the July Fourth weekend, “yelling profanities” and “threatening me with prison and financial ruin if I didn’t go put his fence back up right away.”

Wolfe said he didn’t believe that was his responsibility, because “the river was the one that tore it down,” but he got some friends who agreed to help him work on it the next day. When he called Lightenburger back, however, Wolfe testified, he said that wasn’t good enough and threatened to call the sheriff and have Wolfe put in prison, to financially ruin Wolfe and to shut his business down.

“You think you got enough money to mess with me?” Lightenburger said, according to Wolfe.

Wolfe stated repeatedly that he had never damaged Lightenburger’s fence and had never set foot on his property. He said one time when the fence had come loose on its own and was a hazard, he had removed it, but had done so while standing in the water.

After the July Fourth weekend, he said, he got letters from Lightenburger’s attorneys demanding thousands of dollars for Wolfe to float across his property, money he couldn’t pay, so he quit rafting that stretch.

On Jan. 17, Wolfe testified, he, Miller and Robinson were at the Hollywood when all of a sudden he got pulled around on his bar stool “and there’s Isaque.” According to Wolfe, the much-larger man threw an arm around him and said, “I want you to meet my buddy, Bruce,” and Lightenburger grabbed his hand and squeezed it hard. Wolfe jerked his hand away.

“That was not an introduction,” he testified. “He knew who I was. And that was not a handshake.”

He testified he felt scared and decided to leave, but Lightenburger was standing near the door. Wolfe told him he didn’t appreciate being harassed while at dinner, and Lightenburger said he was going to get him, and they yelled back and forth, but Wolfe never touched him, according to his testimony. He said Martinez intervened, pushing him back from Lightenburger. Wolfe said he then waited in the car while the women paid the tab, and went home.

Later, Lightenburger obtained a protection order requiring Wolfe to stay 100 yards away from him at all times, something Wolfe said is so difficult in a small town where the two might cross paths inadvertently that he and Miller are now moving to Durango.

“This whole thing’s been a nightmare,” Wolfe said.

He said he’d never had so much as a speeding ticket before and had to go into debt and give Sumrall (for whom this was his first trial) a boat in order to pay for his legal defense.

In closing arguments, Green mocked what he characterized as defense claims of a “conspiracy” and a “cabal” among Lightenburger’s supporters and family attorney to ruin Wolfe. He said the accounts given by Lightenburger and his companions were largely consistent. Green also said that, during the confrontation, Wolfe “struck the little guy” (Lightenburger) rather than Martinez, the martial-arts fighter.

Sumrall countered that his defense was not that there was a conspiracy. “My defense is Mr. Lightenburger didn’t like him and he wanted to put him out of business. That’s what he’s doing here today.”

Around 9 p.m., the jury finally retired from the makeshift courtroom, usually utilized by town employees for more routine business. They returned shortly thereafter with the not-guilty verdict.

Disclosure: Janneli Miller, Wolfe’s partner, is a Free Press freelance contributor.

Published in June 2014

On the (closed) road again in Utah

On May 10, Recapture Canyon north of Blanding, Utah, saw something it hadn’t seen in a long time— a crowd.

RECAPTURE TRAIL PROTEST

Four-wheeled vehicles trundle along the closed portion of the Recapture Trail near Blanding, Utah, in a May 10 protest ride. Photo by Shannon Livick

For seven years a portion of the canyon has been closed to motorized travel under a Bureau of Land Management order designed to protect the canyon’s cultural resources, which include Ancestral Puebloan artifacts. It remains open to hikers, bikers and other non-motorized uses.

But on that Saturday, nearly 100 people defied the law and took to the quiet trail driving ATVs and jeeps. Some carried protest signs or flags, while others toted guns – all in an effort to get the BLM to end the temporary road closure, which has stretched on for more than six years.

Dozens of San Juan County sheriff ’s deputies, many of them on horseback, silently watched.

San Juan County Commissioner Phil Lyman, who organized the protest, spoke to a crowd of about 300 gathered at Centennial Park in Blanding before the ride. He said the Sept. 13, 2007, closure of the trail – popular with local motorized users because it is just a couple of miles outside of Blanding – and the BLM’s refusal to issue a final decision led to the protest, he said.

SAN JUAN COUNTY COMMISSIONER PHIL LYMAN

San Juan County Commissioner Phil Lyman speaks to the media at a May 10 protest ride through Recapture Canyon near Blanding, Utah. The route is closed to motorized use. Photo by Shannon Livick

“We have talked and talked and talked,” he said. “It’s frustrating to a community.”

Lyman said he has repeatedly asked the BLM to show him where to redirect the trail.

“I could get 300 volunteers down there to redirect that trail in a weekend,” he said.

The rally and protest ride drew a large contingent of media, a handful of people from a militia group and numerous local residents concerned about what they see as the overreaching arms of the federal government.

“Proud to be an American,” “God Bless America” and “We Are Not Going to Take it,” blared in the background.

If the federal government had ears, they would have been burning this early spring morning as speakers stood up in front of the crowd and cited several reasons it had gone too far.

“The American people have rights and we need to get out and exercise those rights,” said James Pribble of Dove Creek, Colo. “They are trying to restrict us.”

Pribble said the BLM has been sticking road-closure signs all over Southwest Colorado and Southeast Utah.

“It causes anger. Those lands belong to the people,” Pribble said.

Pribble was gearing up his ATV to ride the closed portion of the trail. “There needs to be balance and protection, but at the same time, they can’t deny the people,” he said.

Lyman was surprised by the size of the response.

“This is not much of a local issue anymore, it’s a bigger issue,” Lyman said.

Lyman did, however, tell the crowd that he did not have the backing of the other San Juan County commissioners and that he was acting alone in organizing the event. He also suggested that the crowd stay on roads that are open to motorized use.

“It takes a lot of courage to go on that trail,” he said.

That comment was met with jeers.

“No, go down that trail,” people yelled.

“We came down here to ride down the canyon with you,” said Ryan Bundy, son of Cliven Bundy, a Nevada rancher who made headlines recently for refusing to pay grazing fees to the BLM. When the agency started rounding up his cattle, a horde of angry protesters and militia members flocked to the area to confront BLM agents, who ultimately backed off and let the cattle go.

“This isn’t just about recapturing Recapture, it’s about recapturing our America,” said Stefnee Turk, executive director of San Juan Alliance, a citizens group supporting multiple use.

ATV RIDERS AT MAY 10 PROTEST IN BLANDING, UTAH

Riders on the closed portion of the Recapture Canyon trail near Blanding, Utah, at a May 10 protest ride. Photo by Shannon Livick

Jay Redd, son of Dr. James Redd – who was arrested in a BLM raid of his Blanding home on June 10, 2009, and charged, along with two dozen others, with possessing illegally obtained artifacts – also spoke out against the BLM. The doctor committed suicide the next day.

Redd held up a picture of a small bead that was seized from his father’s home.

“My dad is dead because of this,” he said. “Dr. Redd was not an evil criminal. My dad is here today in spirit.”

He told the crowd he is suing the BLM for the wrongful death of his father.

Curtis Ynaito spoke of the land surrounding Blanding as sacred to the Navajo people. He joined the protest ride down Recapture Canyon.

“This country right here is very sacred. Me, I’m part of this earth and you guys always say ‘mine’. We are forbidden to say that word in Navajo. We are Mother Earth,” he said.

Ynaito spoke of the beautiful words used to describe the earth in Navajo and said he is going to use his pen as an arrow and fight with that.

“I need help,” he said. “In Navajo, we have beautiful words to describe our earth. Maybe we should write the constitution in Navajo.”

Finally those who had decided to go ahead and ride the closed part of the trail took off in a slow procession that raised a cloud of dust as they trundled along.

At one point during the ride, an armed militia man spotted a closure sign and asked the San Juan County citizens if they wanted it taken down.

“This sign is telling you where you can and can’t go,” he said. “Do the people of San Juan County want it here?”

For a bit, it looked as if the sign would be torn down, but nobody from San Juan County would agree with the militia man and the sign was still standing as participants made their way back to the trailhead.

Down inside the canyon, 75-year-old Gary Guymon watched as ATVs sped past him. He slowly walked the trail while others rode past.

ATV RIDERS AT RECAPTURE CANYON TRAIL IN BLANDING, UTAH

Protesters at the north entrance to Recapture Canyon on a short stretch that is not closed to motor vehicles. Photo by Shannon Livick

His family homesteaded in the area and he grew up playing in the canyon and taking his family’s cattle there to graze and drink. To him, the canyon is home. He said the Recapture Canyon protest was important to be a part of.

“Any way I can help make America free,” he said.

But environmentalists and historic-preservation groups had a far different reaction to the ride.

Josh Ewing, director of the nonprofit Friends of Cedar Mesa, walked the trail May 10 as an observer and took photographs and video. “I felt somebody needed to be there to see what happened,” Ewing said.

The area is rich in archaeological sites, including a burial site, he said. Other canyons in the area are too.

“From what I saw, I don’t know if there was any damage that wasn’t already caused by the road previously,” he said. However, he did not approve of the protest.

“I was disappointed that the riders decided to ride the trail,” he said.

While Ewing said he understands the frustration of those that participated, he believes there were other ways to show displeasure.

“Trails have to be done the proper way, which involves consulting with native tribes and archaeologists,” he said. “I can understand the frustration…but part of the process is following the law.”

Ewing said that ironically, the ride may have delayed the BLM’s final decision about the trail. “Instead of working on rerouting the trail, they (BLM) are now looking at evidence regarding who broke the law,” he said.

Ewing was asked to turn over his video of the event, but said he has refused unless he is subpoenaed.

Ewing stopped short of condemning the participants, however, saying the majority were local, good people.

“The demonization of these people is not deserved. They are good people. I don’t condone the ride, but these are good people. They are family people. Fellow firefighters and business people. They are local people, just frustrated with the process.”

Rose Chilcoat, associate director of the nonprofit Great Old Broads for Wilderness, said she hopes everyone who participated in the event is prosecuted.

“The BLM and rangers were intimidated and unable to do their job,” she said. “I want to see people held accountable. You don’t show up with guns to enforce your position.”

Chilcoat said the closure is needed to help protect the archaeological sites and prevent looting. She was critical of local officials who were involved with it.

“I’m really disappointed that Phil Lyman, a government representative, thought that this was a way to find a solution,” she said.

“And when the sheriff stands by, it’s anarchy, it’s domestic terrorism.”

Representatives of Great Old Broads had hoped to be present at the protest, but ultimately decided it would not be wise.

“Originally we had planned on being there to witness the ride, but when the militia types showed up, we chose not to go,” she said.


San Juan County passes resolution asserting jurisdiction over trail

The San Juan County commissioners passed a resolution June 2 claiming a valid rightof- way on the Recapture Trail and saying it will voluntarily close the trail to off-highwayvehicle use for 60 days beginning June 10 in order to determine what management course to pursue.

The vote was 2-1, with Commissioner Kenneth Maryboy dissenting. He said, speaking as a Native American, he found the issue of motorized use in Recapture Canyon, which contains ancient archaeological sites including burials, “very sensitive.” He likened the area to a cemetery and said those buried there should not be disturbed by noise. Without further input and discussion from Native Americans, he said, he could not support the resolution.

Commissioner Phil Lyman said the resolution was not so much about ATVs on the Recapture Trail specifically, but about protecting the county’s rights against the federal government. The resolution says the county wants to protect the archaeological sites.

But Maryboy said, as a medicine man, he knew there were prayer sites in the canyon and he could not vote for the resolution.

Published in June 2014

Dolores River Valley Plan to go to public hearing

The Montezuma County commissioners appear poised to drastically change – or scrap – the decade-old plan that guides development in the Dolores River Valley above McPhee Dam.

After hearing on May 19 from three groups concerned about possible changes to the plan, the commissioners said they would set it for a public hearing.

A hearing later was set regarding the heart of the plan, its system of Transferable Development Rights (TDRs), for Monday, July 7, at 1:30 p.m. in the county annex. According to the notice, the hearing is not for the purpose of considering any specific proposal.

Instead, it is “for. . . reviewing and determining amendments to Chapter 8, Transferable Development Rights (TDR’s) of the Montezuma County Land Use Code. Proposed changes include, but are not limited to, eliminating the survey requirements for creating TDRs; dividing the difference between the originally projected and current TDR amounts evenly among qualifying DRVP parcels to raise overall density; variances to Chapter 8 TDR requirements within the town of Dolores’ Urban Influence Area if connected to centralized sewer; or eliminate the TDR system in its entirety.”

The hearing will likely be held without the presence of a county planning director, as Susan Carver, who had held that position since 2006, resigned abruptly in mid-May. Planning assistant LeeAnn Milligan and Community Services Coordinator James Dietrich were said to be taking over her duties while a new director is sought.

The river-valley plan, crafted by a citizens’ working group over a two-year period and adopted in 2003, includes a requirement that homes and other structures be set at least 100 feet from the river.

It also established the TDR system in which landowners receive one TDR for every 10 acres they own outside the floodplain. This allows them to sell their development rights, if they wish, without selling their land, and limits overall density along the river to one home per 10 acres, instead of one per three as it is in the remainder of the county.

The plan was designed to preserve the river’s water quality, but it has come under fire recently by several property owners who say it doesn’t allow them to develop as much as they want. The county commissioners have also voiced concern about the fact that no TDRs have yet been sold.

At their meeting May 19, the commissioners heard from representatives of the Dolores River Source Protection Group, Dolores Water Conservancy District, and county Planning and Zoning Commission, all of whom stressed the importance of proceeding cautiously.

Scott Clow, environmental director for the Ute Mountain Ute Tribe, spoke for the Dolores River Source Protection Group, which was created about five years ago as part of a Safe Drinking Water Act planning process.

The five drinking-water providers in the watershed – Montezuma Water Company and the towns of Rico, Dolores, Cortez, and Dove Creek – received grants to do the planning. (The Utes were not directly involved because they get their water through Cortez.)

Clow said the group is unique among source-water protection organizations because it involves five water providers working on one plan. That document, which examines potential sources of contamination in the watershed and discusses best management practices to protect the water, is close to being in final draft form.

Clow said the river-valley planning area comprises approximately 35.6 square miles, or about 6.5 percent of the county’s private lands, yet it provides drinking water for roughly 95 percent of the county population.

Among the potential sources of contamination studied in the plan are Highway 145 (because of potential spills), stormwater management, construction activities, and septic systems. In the Rico area there are mining impacts as well, Clow said.

In the past, he said, the river was more polluted than now, largely because of mining and human wastes from around Rico, which was then more populated. Part of what helped the river heal was the floodplain process, he said.

“The river needs to flood and to flow through wetlands,” he said. “The more it is channeled, the worse it becomes.”

Clow said it’s in everyone’s best interest to protect water quality. “We think it’s going to be much more cost-effective and savvy to protect the water before it goes to the reservoir than to treat it after.”

Commissioner Steve Chappell commented that it appeared a lot of contamination came from mining in Dolores County. He asked if the group had discussed its concerns with that county as well.

Clow said that Dolores County Commissioner Doug Stowe and Dove Creek Town Manager Sonny Frazier have been part of the group throughout the process.

Commissioner Keenan Ertel asked if Dolores County was considering establishing setbacks and land-use restrictions similar to Montezuma County’s. Clow said he didn’t know but that Dolores County does have an ordinance regarding septics in the valley.

The commissioners also heard from Walt Henes of the Dolores Water Conservancy District board and Ken Curtis, the district’s engineer. Curtis said the district, which serves 27,000 people in Montezuma and Dolores counties, has been following the discussions about rolling back the river-valley plan.

The district has always supported development, he said. However, it has also dealt with water-quality issues such as mercury in McPhee Reservoir “and none of them are pleasant,” he said.

Curtis said the river-valley plan protects water quality by limiting density and requiring engineered septic systems. “We ask you to keep some of these protective things in mind,” he said. “Development by its nature will bring increased risk. Having said that, it’s a hard thing to pin down where to strike the balance.”

Like Clow, Curtis emphasized that it is easier to keep the river from becoming polluted than to clean up contamination when it occurs.

Chappell suggested a joint meeting with planners in Dolores County to see what is being done upriver. “If it’s still being polluted up there, we need to talk to them as well,” Chappell said.

The water district also provided a letter to the commissioners dated May 16 that states, “Past experiences with water quality concerns below and above McPhee have kept DWCD following the current discussions about [the plan]. . . .Though the public has voiced specific complaints about certain aspects of the DRVP, all sides have expressed continued support to remain vigilant in protecting our existing high quality water supplies from the Dolores River.

“Though modifications or changes to the DRVP may be requested, we encourage you to keep these concerns in mind as you deliberate and not allow changes that would put the community water supply at risk.

“The DRVP has protected our local water supply for over a decade.”

The letter in its entirety can be viewed at fourcornersfreepress.com.

Also on May 19, Planning and Zoning Commission Chair Dennis Atwater presented that group’s latest findings, which weren’t much different from the findings it has been presenting all along.

He recounted that in June of last year, the commissioners asked P&Z to review the river- valley plan. After holding a public meeting and taking input online, they reported to the commissioners that, while there is a general lack of public understanding of the plan and its relationship to federal and state laws, the plan appeared to be working well.

They did not recommend any changes.

But the commissioners rejected the “no change” finding and sent the plan back to P&Z for more review.

After further discussions, the planning group – which now included two new members appointed by the commissioners and more sympathetic to their concerns – came up with an idea for creating a “bank” that could exchange unclaimed TDRs and help stimulate the market. The commissioners rejected that idea and instead urged the planners to lower the TDR size from 10 acres to five or six.

P&Z mulled it over some more but came up with the same answer. At a March 27 work session, the members considered four alternatives and commented individually on each one.

At that time, none said they favored Option D, eliminating the plan. However, they voted later via email and the two newest members, Mike Gaddy and Mike Rosso, then decided they did prefer D.

However, a 63 percent majority (by the group’s weighted voting) favored Option A, no change.

After reviewing that history, Atwater told the board on May 19 that some of the push for changing the plan appeared to be motivated by “personal gain without regard for public health, safety and welfare.”

He said the valley’s water is a “vital public resource that goes well beyond the valley” and that setbacks and density limitations are key to protecting against water degradation.

“No legitimate reasons have been revealed that warrant any significant changes to the plan,” Atwater said, adding, “There is no reason to fix something that isn’t broken.”

The scientific carrying capacity of the valley was found by engineers to be no more than 620 residential units, Atwater said, but the valley has not yet even reached that point, so it would be premature to increase the allowable density. “We are nowhere near a buildout, so we do not know the impact that reaching it will have on the water quality.”

Atwater continued, “If you heard some of the water providers, this is a very, very critical resource for not just our county but Dolores County and the Ute Mountain Ute nation. Anything we do has the potential of very long-term effects and impacts. It could have a very devastating effect on our economy if our water went bad. If that water becomes polluted, it takes a whole lot longer to correct it than to pollute it.”

He said, “Generally the first step in solving a problem is understanding the problem, and today we’re still having trouble understanding what the real problem is with the DRVP. It seems to be working as it was supposed to, without having a detrimental effect on the economy or property values, and so our recommendation is to leave the plan intact.”

But Ertel said if solving a problem requires understanding it, “I haven’t heard yet what the water-quality problems of the Dolores River were [that led to the plan’s being adopted]. Did someone say the water quality of the Dolores River is deteriorating?. . . What really started the DRVP?”

Atwater said the effort that led to the plan’s creation started on April 4, 2002, and the concern was protecting the watershed and water resources.

“So water quality was deteriorating?” Ertel asked.

“There was a concern that if we didn’t get in ahead of it, we would be behind it,” Atwater said.

Ertel kept pressing. “What made them say that there was a deterioration in the water quality of the Dolores River?” he asked.

“I don’t know as a fact that it had degraded,” Atwater said. “I think the concern was if you allow development to come on its own without any regulation that the potential is, that valley being what it is, that it would have a negative effect on water quality.”

Chappell then said the plan should have been implemented in Dolores County instead. “I’m like Keenan, I don’t see the effects we have in Montezuma County. We’re getting the flow” from upstream, he said.

The board declined to take comments from the audience, saying there would be time for that at the public hearing.

Tim Hunter, a member of P&Z and a vocal opponent of changing the plan, provided the Free Press a written copy of remarks he had hoped to make. In part, they said:

“To me the issue of the DRVP is as much about our economy as it is about private property rights. Our economy is grounded in clean water.”

He said that more than 19,000 communities around the country have floodplain management ordinances. “Floodplain and water quality protective standards have been challenged in court at all levels and the courts have broadly and repeatedly upheld the general validity of those regulations and rejected takings arguments.”

He added, “The Planning Commission is not a bunch of anti-growth environmentalists. The purpose of this group is to look out for the long term best interests of the county residents as a whole. . . Chapter 8 of the [land-use code] is a reasonable set of regulations for the preservation of our most valuable economic asset – clean water.”

Published in June 2014

Former undersheriff starts 30-day sentence

Former Montezuma County Undersheriff Robin Cronk, who had pleaded guilty in March to felony embezzlement of department funds, was sentenced on May 30 to serve the remainder of a 30-day sentence at the Mesa County jail in Grand Junction. He was ordered to report to the jail the following day.

At the sentencing, District Judge Todd Plewe emphatically denied a request by the defendant’s attorney, Katherine Whitney, who appeared by phone, to keep the location of his confinement under wraps because he’d worked in law enforcement and therefore might be in jeopardy.

District Attorney Will Furse told the judge he had no objection to waiting until the sentence was completed to reveal this information, agreeing with Whitney that there was “a potential to have consequences for Mr. Cronk’s safety.”

But calling transparency “the key to democracy,” Plewe said that he saw “absolutely no reason to keep this secret.”

“You’re not the first law enforcement officer to do time,” the judge observed. “The public has a right to know.”

Although Cronk made no statement at his sentencing, Plewe chastised him for violating the public trust by taking advantage of his position as a high-ranking officer for his own gain.

“A message needs to be sent to you and others in law enforcement – you are not above the law,” he said.

Furse pointed out that Cronk would suffer “huge consequences” beyond the jail term and other penalties imposed, since as a convicted felon, he could never work in law enforcement again.

After a probe by the Colorado Bureau of Investigation – requested by Furse and the Montezuma County Commissioners in April 2013 – Cronk had been indicted by a grand jury last August on 17 felony counts of embezzlement and one count of official misconduct, a first-class misdemeanor.

However, the voluminous court file documenting just what CBI Special Agent Randy Watts uncovered had remained sealed until September, when it was made available to the public.

In his lengthy affidavit, Watts recounted specific details of Cronk’s alleged acquisition of roughly $7500 worth of goods and services for his personal use throughout his 28-month tenure, including guns, ammunition, recreational equipment and auto parts. According to Watts, the illicit purchases ranged from expensive rifles and pistols to such whimsical items as a Canadian flag and a platform so his dog could ride on his ATV, and had been paid for through various department accounts.

As undersheriff, Cronk had been in the position of approving all major MCSO expenditures, including his own, a practice that has since been scrapped. (See Free Press, October 2013.)

Cronk had been chosen from the ranks for the position of undersheriff by Sheriff Dennis Spruell upon taking office in January 2011. The spending spree began soon thereafter, according to the affidavit, and continued until shortly before he was forced to resign last June.

As a condition of the plea bargain struck with Furse under which Cronk pleaded guilty to only one count of fifth-class felony embezzlement – the purchase of a performance chip for a personal SUV – and to a lesser misdemeanor, Cronk had been granted permission to choose where he would serve his detention as long it was in a jail rather than a halfway house or home-confinement arrangement.

As part of the deal, he was also placed on six months’ unsupervised probation and will be required to pay restitution to the sheriff ’s department for all the items he was accused of buying for his personal use.

Plewe expressed disappointment that the exact amount of restitution had not yet been determined, even though the proceedings had been going on for nearly a year.

Furse replied that Undersheriff Lynda Carter had informed him none of the items recovered would be of any use to the department, but hadn’t supplied an exact amount of restitution to be repaid.

A hearing was set for Aug. 21 to nail down the amount of restitution and to decide which, if any, of the numerous guns seized during a search of Cronk’s Mancos home will be forfeited.

Whitney maintained that some of the firearms belonged to others who were not involved in the crimes and should be returned.

But, according to a story in the Cortez Journal, Cronk had made repeated attempts to sell some of those same firearms by placing numerous classified ads in that paper over a three-year period.

When Furse downplayed Cronk’s prior criminal history as “minimal,” Plewe asked for details.

In 2000, while a member of the Maricopa County Sheriff ’s posse, Furse explained, Cronk had been charged with burglary, trespass, and cruelty to animals for climbing through his ex-fiance’s bathroom window and stealing her dog, while kicking and injuring her roommate’s dog in the process. Cronk then reportedly used a government vehicle to haul the stolen dog away, Furse said, but had satisfied the conditions of a six-month deferred judgment and sentencing for those misdeeds.

Cronk was given credit for two days of jail time he’d already served here, and was told he could shorten the period he actually served by 10 days for good behavior.

Published in June 2014 Tagged

Letter from DWCD to Montezuma County commissioners

Board of County Commissioners Montezuma County

Re: Water Quality Protections Provided by the Dolores River Valley Plan (DRVP)

Dear Commissioners:

The Dolores Water Conservancy District, DWCD, was established to bolster local water development that would support our community and continues these efforts today via several programs from upriver at Rico down to Towaoc and out to Dove Creek and all areas in between. The District’s primary facility for water supply remains the Reclamation McPhee dam and reservoir on the Dolores River to hold the spring runoff for use among these local communities. These efforts are intended to support local land use as guided by the Montezuma land use codes set by your selves as appropriate to our community. Past experience with water quality concerns below and above McPhee have kept DWCD following the current discussions about the Dolores River Valley Plan area and potential impacts to the community’s water supply for approximately 27,000 final customers in Montezuma and Dolores Counties.

DWCD has followed the public Planning and Zoning meetings and citizen comments. Though the public has voiced specific complaints about certain aspects of the DRVP, all sides have expressed continued support to remain vigilant in protecting our existing high quality water supplies from the Dolores River. These protections are currently provided by the DRVP by specific land development codes covering the Dolores River Valley. Though modifications or changes to the DRVP may be requested , we encourage you to keep these concerns in mind as you deliberate and not allow changes that would put the community water supply at risk.

The DRVP has protected our local water supply for over a decade by several specific codes. The first one was recognition that increased development by definition would gradually and inevitably introduce additional pollutants into the river and thereby affect our water quality. Yet, as the land is private property, no one believed halting all future development would be appropriate or desirable. Therefore the question was how to appropriately balance these issues. The DRVP process established several linchpin criteria to control development to mitigate impacts that would affect the water quality. These limits included one development per ten acres , restricted steep slope development, instigated use of engineered septic systems, required a 100 foot setback for almost every1hing from the river and directed gravel pits to individual permits through the High Impact Permit process for individual reviews. The transferrable development rights system tool was created to allow increased density greater than 1 per 10 acres in some areas with a corresponding decrease in an offsetting area within the DRVP area boundaries. They also were intended to allow existing ranches to receive their locked up land value without submitting to subdivision, ceasing operations and adding more development impacts. Public comments indicate this tool has not worked for all of the affected landowners. Other recommended protective actions such as existing septic inventories, inspections of older systems and post installation inspections of new systems were not adopted. Likewise, the one development per ten acres was not detailed as to size and other variables that might provide clarity or flexibility for area landowners. These specific codes protect the water supply from identified negative impacts to the local water supply.
Development remains extremely difficult to roll-back, therefore DWCD recommends caution moving forward lest any negative impacts be difficult or impossible to correct. DWCD would advise addressing specific public concerns without losing the protections afforded by the DRVP. Preventing the loss of our drinking water quality is far less expensive than improving poor water quality once lost.

The Commissioners have the heavy burden of balancing potentially competing interests of the private land owners versus this critical protection of the Dolores River public water supply quality. This remains a local concern and therefore is put to you, our local elected leaders as our public representatives versus dictates from distant un-elected regulatory agencies. Should clearly identified problems require changes to the current codes, alternate protection strategies would be advisable, such as more certainty concerning the performance of existing septic systems. As the Commissioners move forward to resolve the current public concerns, DWCD offers their assistance and support to Montezuma County’s process to maintain our Dolores River water quality as you address these issues.

Sincerely,
Bruce Smart
President Dolores Water Conservancy District

Published in June 2014

How are you?

Trick question?

Do you really want an answer?

When Emily Post taught me my manners, she made it very clear that when you greet someone, you say those words. Unconditionally.

The only time I ever gave any thought to that was when I didn’t ask and my mother would embarrass the shit out of me, “And now what do you say?”

She never actually smacked me on the back of the head, but the utter humiliation of being publicly corrected felt like it. We are Italian, but classy ones.

So one day, years later, pregnant, pushing a small child around the City Market in the cart shaped like a car that doesn’t do anything but run into things as you round a corner, I was face to face over a bunch of Granny Smiths with one of the employees.

“Hi.”

“Hi. How are you?”

“You don’t really care, do you. Why bother asking? People always ask that question out of habit, not out of actual caring. You probably don’t really want to know the answer – you don’t know me, why would you want to know?”

Stunned? Yes. Humiliated? Absolutely. Questioning my very existence? For sure.

Silenced, I tried to maneuver my belly, cart and child right on out of there and only got as far as slamming into the banana stand.

I went home, licked my wounds and tried to reconcile that I had been called a shallow, uncaring member of the masses.

You know, though, part of me believed him – we do just habitually ask that question, either not caring about the answer, or worse, hoping that the answer will be one of the following four-letter words: fine, good, well (the grammatically correct and therefore most hoped-for response).

Do you ever truly want to hear someone whom you don’t know all that well say, “Actually, thanks for asking, my life is an utter shit show”?

But, after thinking about it between that afternoon and my next trip to the grocery store, I realized that sometimes, I do want to know – maybe not all of the dirty laundry needs to be aired in the produce aisle (the ice-cream section is much more appropriate for that) – but “fine” is boring. If I am going to bring myself to actually interact with people, I want those moments to have some substance.

Because I have so few face-to-face communiqués with folks, I want to walk away from one feeling like I’ve gotten something out of it.

So I marched into the City Market the next week and when I finally made my way ’round to the spinach and saw my guy, I bellied right up and said, “You know what, I did want to know. I wouldn’t have asked if I didn’t want an honest answer.”

Not sure who was more flabbergasted. He probably thought, “Oh, dear God, another overly hormonal crazy pregnant gal.”

But from that point forward, I’ve tried to be more deliberate in my asking of and answering to that question.

If someone doesn’t want to hear anything but “I am well,” then they shouldn’t ask.

Obviously there are those times when one must do what is socially proper – I can’t totally throw out all of Ms. Post’s teachings, but more often than not, I find myself being just a little bit more honest when I respond.

And when I ask, I find myself hoping that there will be a little humanness in the response.

But there is also a line over which I have no interest in stepping.

So, say this evening, someone asked me, via text, “How are you, friend?”

I am completely stumped. How can I answer that inquiry in a text?

“Well.”

Liar

“Lousy.”

I can just see the look of dread rolling across the recipient’s face before they don’t write back.

“You know…it depends on what day, or really what time of day, you ask.”

“Sort of great, sort of stressed, sort of content and then there’s that Wanderlust.”

Do I assume that the asker of the dreaded question has arrived at the same place as I in that he wants to know the truth, he wants to know how I am at that particular moment?

Or do I write back, “Great. Just had a dinner date with my three favorite boys,” and leave it at that and not even touch on my stress around those same three favorite boys, my job, money and cleaning my house?

Do I tell that person that I have just put on my nightgown inside out (because no one is going to see me) and added my favorite royal-blue fleece sweatpants and I am going to crawl into bed, eat massive amounts of dark chocolate and read about the adorable Prince George’s trip Down Under until I start snoring and drooling?

Tonight I got so stuck in trying to answer honestly without over-sharing, that I ended up not responding at all.

Guess that answers that question. Sometimes people, in talking about what makes a good conversationalist, will say, “She always asks interesting questions.”

But it isn’t always necessarily the question that determines whether the exchange will be interesting or boring, sometimes it’s the answer.

If the best you can do is “Good,” then, sure, “How are you?” is pretty damn dull. But if someone asks that question and you are a little bit willing to share, then it can be a great lead-in to something fulfilling for both of you.

If, on the other hand, you respond like my now-friend at the grocery store did, you know that you are at least sending the inquirer home with something about which to think.

Or, like me, tonight, you can not reply at all, thus creating an air of great mystery, leaving the other person wondering, “Are things so great (or awful) that she can’t even answer?”

“Maybe she is in Eleuthera and didn’t get my text. Lucky gal.”

“Maybe she’s got a hot guy over there – I’ll hear from her later, when she’s finished, I guess.”

Or, “Maybe she is so miserable that she is under the covers, sobbing her little eyes out, wiping snot on her cat.”

Only one of those responses holds any possibility, but the asker of the question doesn’t have to know that.

This stumped-ness all leads to an utter inability to answer with ease because everything has been over-thought and now sounds contrived. So I don’t respond.

Oh, the power of a text.

But then Emily Post is back knocking at my door, demanding a bit of my time. “You must respond. It is extremely rude not to.”

“Fine, thank you. How are you?” is the etiquettely correct response (without which, my childhood self was guaranteed another emotional slap on the back of the head.) But who actually speaks that way these days?

And, boy, does that bring us back into the realm of boring.

Unless of course, it leads to a discussion that begins with, “Who the hell raised you, Jane Austen?”

Hell’s Bells. Apparently there isn’t a simple solution to answering probably the most frequently asked, and should-be-simple, question in the world.

Suzanne Strazza writes from Mancos, Colo. She just placed second in the category of “personal/ humor columns” in the 2014 Society of Professional Journalists Top of the Rockies competition.

Published in Suzanne Strazza

Taking care of our community

A group that doesn’t take good care of its members is a group that doesn’t command much loyalty(and probably won’t last long). – Daniel Quinn, “Beyond Civilization.”

We are not beyond civilization; we are not even civilized. The difference between us and other animals, they say, is we have a thumb, but we are so busy thumbing our nose at others it obstructs our vision and we can’t see opportunity.

The Cortez Journal on April 1 stated 32 percent of the children in this community live in poverty. I mentioned that to a fellow. His answer was, “Well, isn’t that because of their ethnicity?” Is that the mindset of this community? Then we are poorer than I thought.

Entering Cortez from any direction looks like an explosion in a landfill – junk everywhere. Thrift stores, coffee shops, corporate pizza, hamburger drive-throughs and the necessity to provide a place for the homeless.

When my wife and I settled here it was a thriving community, locally owned and operated. One could get or order most all of their needs here. Then came the decay. Safeway left. The best the leaders could think of then was, “Let’s get a prison here” but wiser heads prevailed. Once you step into that quagmire you can never extract yourself.

A number of economic groups formed but seemed to be all talk, no walk. If any commissioner was forward-thinking they never could get elected or remain past first term.

Then came the guillotine for all small towns, the big-box store that got a hefty tax reduction. Have our elected officials ever given a small business start-up the same courtesy?

When you sell out to the highest bidder you lose your integrity. As George Bernard Shaw stated, when a lady said yes to his request to bed her for a million dollars but no when it was reduced to two, “We have determined your status, we are now haggling about the price.” If you compromise your integrity, your face value goes down considerably.

The slamming of the doors of small business sounded a death knell of the community. Pride has gone by the wayside. It took three tries to pass a small mill levy to build the rec center, now a much-used facility. The boat of education sailed by us when we rejected a new campus for Southwest Open School to help those that desire an education but through personal problems have a difficult time attaining it. Why help those in need when it’s easier to demean them?

This, “Pull yourself up by the bootstraps” is a blatant lie. You can’t float alone unless someone salts the water. I have many people to thank for giving me the opportunity to show my mettle. There are many others that could have done as well or better but never had the opportunity. Thanks to a few dedicated people we at least are going to build a high school with more than one electrical plug-in for modern students.

It takes leadership to make progress, a thing sorely lacking here. We have three commissioners who are protecting us from sage hens when they should be exploring ways to bring or create enterprises that create jobs.

This area was settled by people with ingenuity and drive. I have seen a number of good ideas go by the wayside through jealousy or our motto: “It can’t be done.” If the first settlers had had that attitude, we would still be a mud flat.

Our leaders are afraid to make a decision that might cost them an election. I would rather lose with pride than be a lackey. I take umbrage at the remark that expecting leaders to govern for the benefit of all makes me a socialist, when the man who said that shops at a store supplied by a Communist country. What is wrong with “union-made and made in America”?

Why can’t our leaders have a meeting with the leaders of Mancos, Dolores, and Cortez and the county commissioners to discuss possibilities for economic development? We are never going to get the wagon loaded till we agree to work together.

It wasn’t very enlightening to read the answers by persons applying for elected office, as published in the Cortez Journal. It was all political-speak. Jobs were their primary objective, but I heard nothing of how they were to accomplish this except to cater to a minority group of saber-rattlers.

Are they going to woo more big-box stores whose profits leave the area before you’re out the door with your purchase? Do they have ideas to capitalize on local amenities, of which there are a great number? Do they intend to work closely with the three towns, or let each fly alone? We should have learned that dog-eat-dog economic development will not sustain a community. We only have one alternative, work together or die. So let’s hear some concrete ideas from the candidates.

I attended an event called Heart and Soul of Cortez. I think it should have been called Hearts and Flowers. We have lost our soul.

Galen Larson writes from Montezuma County, Colo.

Published in Galen Larson

Lives depend on cancer research

This May 22 marks the fourth anniversary of my father’s death.

Four years.

THOMAS HEIDELBERGIt’s hard to fathom. I still hear his voice, and not a day goes by without a thought of him. Mostly, I think of him with fondness, not sadness – and if that’s not the way it’s supposed to be, then I guess I am glad to be an exception among the ranks of the grieving.

Of course, my father was not the exception — the reaper comes for us all — and I am not the exception. I am not the only person in history to have lost a parent to cancer, even pancreatic cancer, with its roughly 2-percent survival rate. A good friend last year lost his mother, young at 52, to lung cancer (she didn’t smoke), another “recalcitrant” cancer that appears to be on the rise. I know many people who have lost a loved one to cancer far sooner than the loved one should have departed.

All the ribbons and walks in the world won’t fix that; they aren’t intended to. What they are intended to do is raise money to better fund cancer research, and that is paramount. My family’s tragedy has taught me that much.

An April 25 article in Forbes reinforces this need. While Europe’s cancer death rates are going down on the whole, the exception is pancreatic cancer, which is increasing, as well as lung cancer among women, Dr. Robert Glatter writes, citing a new study published in the Annals of Oncology. The study’s grim prediction: In Europe, more than 82,000 deaths this year from pancreatic cancer, with the fatalities split almost evenly between the sexes.

American pancreatic-cancer death rates are about 38,000 per year (and there are about 44,000 diagnoses per year), making the disease the fourth-leading cause of cancer deaths in the U.S.

“As so few patients survive, the increase in deaths is very closely related to the increase in incidence of this disease,” Glatter quotes study author Dr. Carlo La Vecchia.

“This makes pancreatic cancer a priority for finding better ways to prevent and control it and better treatments.”

There is “no promising treatment” for the disease, La Vecchia notes. In the four years since Tom Heidelberg died of pancreatic cancer, little has changed on that front. La Vecchia dubs prevention “the only possibility” for the time being. He trots out the usual suspects, saying that smoking cessation should come first, then weight and diabetes control.

Glatter writes that a family history, smoking, obesity, diabetes and heavy drinking are established risk factors for the disease.

I accept their expertise, though I think there is a risk that laypersons will conflate risk factor with cause. Yet, per Glatter, La Vecchia finds that tobacco use “accounts for less than a third of all cases of pancreatic cancer and the other causes together account for another 10 percent. More work needs to be done to discover other possible causes.”

In other words, and as always, weight in and of itself doesn’t cause cancer. In terms of pancreatic cancer, it would be a factor less than 10 percent of the time, since “overweight” is included in the “other causes together” that total 10 percent. And again, tobacco use applies in “less than a third” of cases.

We need to seek the actual cause of this disease, as La Vecchia noted. We also need to come to terms with the fact that disease is not punishment. It is luck of the draw.

While emphasizing “lifestyle” does no harm, we can’t surrender to the temptation of doing so in place ofˆ meaningful advances in eradicating pancreatic cancer. That won’t save anyone. It can also serve to make people think that if they don’t drink or smoke and are not overweight, they are immune from pancreatic cancer, and they will miss the warning signs.

This is what follows when that happens: Pancreatic cancer cuts down a 6-foot- 3-inch tree of a man, whittling him to a sack of bones within eight months, one his 5-foot-3-inch daughter can lift onto and off of a seat. It paralyzes the nerves in his stomach, making digestion impossible; it makes him turn to his daughter and say “It’s time,” and then sign the paperwork for hospice care, so when the “time” comes, he is at home. It makes it impossible for him to eat Jell-O. Then impossible to swallow water and the roof of his mouth turns black from thirst as he desperately sucks a sponge “lolly” dipped in water. It robs him of his speech; it leaves you unaware of whether he can hear you. And at 1:39 a.m., May 22, 2010, his eyes roll back, his breath leaves him and that hand you’ve been holding goes instantly to ice.

My dad was not fat. It had been 40 years since his last cigarette; he said he’d quit because God told him, “I don’t want you to smoke anymore.” He’d long left behind the party days of his youth; by the time I came along, he just had an occasional glass of wine. That ended the day he saw me drinking grape juice out of a wine glass; the next time I saw him drink, it was my college graduation day, and he’d scored all of the champagne flutes that I and my other guests turned down. I am told he spent the ride home flat in the back of the minivan, giggling.

Could his past smoking and drinking have set the stage for the cancer that killed him? Perhaps. But he did everything people recommend to “prevent” the type of cancer that killed him in the end; there is no failsafe way to avoid cancer, let alone death itself.

So while I am all for undertaking “preventive measures,” I think it is fair to demand something clearer than: “Well, since we don’t know how to prevent this, we’re going to recommend basic healthy living.” This won’t hurt, of course. But neither should it be offered as, or interpreted as, a panacea.

No, when it comes to pancreatic cancer, “don’t drink, don’t smoke and lose weight,” just isn’t good enough advice, nor should it be our only strategy.

We have to push for better treatments. Pancreatic cancer is notoriously difficult to treat, in part because it is so difficult to diagnose early enough for conventional treatments to do any good. It stands to reason, then, that the focus needs to be on research: research for better treatment methods, but especially for methods of reliable, early diagnosis.

A good start was made last year, when President Obama signed the Recalcitrant Cancer Research Act (previously the Pancreatic Cancer Research Education Act). The law directs the National Cancer Institute to look at its research efforts on deadly cancers — especially pancreatic and lung cancers — and work to develop early diagnosis methods, as well as treatment.

For now, there is no routine screening test, per the NCI, which estimates that $2.3 billion is spent on treating the disease each year. The NCI has significantly increased its spending on pancreatic-cancer research — to more than $105 million in 2012, from $82 million in 2008 — but that’s nowhere near what is spent treating this monster in order to give its victims a few more months. It is obvious where we lag.

The NCI has made some interesting finds in recent years: a possible signaling pathway that contributes to metastasis; an indication that a polyphenol from green tea inhibits tumor growth (in mice), and that reduced levels of a protein receptor lead to increased growth of the cancer cells in a lab setting. The NCI also reports that a clinical trial that added ascorbate to gemictabine (the drug that prolonged my father’s life for longer than we were told to expect) proved to be “well tolerated” and warrants further study.

We put men in space. We have pocket-sized computers. We have information literally at the tip of our fingers, thanks to the profound technological advancement that is the Internet. You can’t tell me that we can’t find a way to diagnose pancreatic cancer before it’s too late to save its victims.

Fund cancer research.

Katharhynn Heidelberg, a journalist in Montrose, Colo., just was awarded first place in news columns in the 2014 Society of Professional Journalists Top of the Rockies competition.

Published in Katharhynn Heidelberg