Fire restrictions cover BLM, national-forest lands

SAN JUAN NATIONAL FOREST & BLM FIRE RESTRICTIONS

This map depicts fire restrictions in the west zone of the San Juan National Forest and BLM lands in the area.

As of July 2, the entire San Juan National Forest has been placed under fire restrictions, with lower elevations upgraded to stricter Stage II restrictions and higher elevations now under Stage I fire restrictions.

The national forest is divided into two zones, with Zone I covering lower elevations and Zone II covering higher elevations, as depicted on restriction maps. The boundary line between the two zones bisects the national forest roughly from east to west, following identifiable jurisdictional boundaries, roads and trails at approximately 8,500 feet.

Lower and middle elevations south of the line are now under stricter Stage II fire restrictions, with all open fires banned. Higher elevations north of the boundary are now under Stage I fire restrictions, which allow open fires only within designated campgrounds.

Specifically, lower and middle elevations of the San Juan National Forest, shown as Zone I on restriction maps, are under the following restrictions:

• All open fires and campfires are banned;

• Smoking is only allowed within an enclosed vehicle or building;

• Chainsaws and other internal-combustion engines must have approved, working spark arresters and chainsaw use must be accompanied by a shovel and fire extinguisher;

• Welding, or use of acetylene and other torches with an open flame is prohibited;

• Use of explosives is prohibited. Specifically, higher elevations of the San Juan National Forest, shown as Zone II on restriction maps, are under the following restrictions:

• Campfires are limited to permanent fire rings or grates only within developed campgrounds;

• Smoking is limited to within vehicles, buildings, or 3-foot-wide areas cleared of vegetation;

• Chainsaws and other internal-combustion engines must have approved, working spark arresters (this restriction is always in effect on national-forest lands);

• Welding, or use of acetylene and other torches with an open flame is prohibited;

• Use of explosives is prohibited. Possession and use of fireworks are always prohibited everywhere on federal lands.

For more information, contact the San Juan National Forest at 970 247-4874.

On July 3, the BLM instituted Stage II fire restrictions on public lands in Archuleta, Dolores, La Plata, and Montezuma counties.

The following acts are prohibited under these restrictions within the restricted areas:

• Building, maintaining, attending or using a fire, campfire, wood or charcoal-fueled stove. (Exception: Pressurized liquid-fueled stoves with an on/off switch or valve.

• Smoking, except within an enclosed vehicle or building.

• Blasting, welding, or other activities which generate a flame, or may result in the ignition of flammable material.

• Operating or using any internal combustion engine without a spark arresting device properly installed, maintained, and in effective working order.

• Possessing or using a motor vehicle or OHV off established roads, except when parking in an area devoid of vegetation within 10 feet of the roadway; and except for parking overnight in developed campgrounds and trailheads.

The federal agencies monitor conditions and will modify the restrictions as needed.

Exemptions to the Stage II Fire Restrictions include authorized activities of any federal, state or local officer, or member of an organized rescue or firefighting effort in the performance of an official duty. Additionally, holders of valid BLM permits, leases and authorizations are allowed to conduct approved activities, but are advised to take extra precautions to prevent fire starts.

To determine fire restrictions throughout Colorado, visit www.coemergency.com/p/ fire-bans-danger.html. For information on wildfires and restrictions in the area, call the Southwest District Fire Management information line, 970-240-1070, or visit http://gacc.nifc.gov/rmcc/dispatch_centers/r2mtc/.

Published in July 2013

Invasion of the Eurasian collared doves

Eurasian collared doves have become the fastest avian invaders in histor

EURASIAN COLLARED DOVES

Eurasian collared doves near Mancos, Colo. Photo by Wendy Davis

If you live in one of the towns in this region, you’ve seen them– cooing from telephone wires, fluttering down to drink from wet spots on lawns, sitting in the middle of streets. Eurasian collared doves are everywhere.

They’re so much a part of the landscape, it seems like they’ve been here forever. But in fact they arrived only about a decade ago – as part of the fastest invasion by a nonnative bird ever in the United States.

Today, Eurasian collared doves can be found all over the Four Corners.

“Their population really has exploded,” said Randy Hampton, statewide public information officer for Colorado Parks and Wildlife.

No Eurasian collared doves were recorded during the annual Christmas bird count conducted in Montezuma County until 2003, when two were noted. By 2009, the number sighted was up to 366. The number varies from year to year, as the bird count is just a sampling; in 2012 it was 127. But clearly the birds are here to stay.

“Eurasian collared doves have pretty much taken over the mourning-dove habitat,” said Cortez birder and naturalist Fred Blackburn.

The doves are the size of pigeons, about 15 inches long, with grayish-brown bodies and light gray underbellies and undertails. On their neck is a thin black band, which gives them their name. They have a monotonous coo – coo C O O – O O H coo, coo COOOOH coo, repeated over and over, with the one in the middle slightly longer, as if it had two syllables. They also sometimes make a harsh, bleating cry as they fly or land.

Their presence does not seem to be causing problems other than some concerns about how they might affect mourning doves and other native birds, but the rapidity of their spread is a rather amazing phenomenon.

Originally from India, they colonized Turkey and Europe in the 1800s and 1900s, according to published reports. Their arrival in America was the result of a pet-store burglary in the Bahamas in the 1970s in which some of the birds got loose and flew to Florida. They bred fast, and were well-established in the Southeast by the early 1980s. According to some reports, they may have initially been mistaken for a type of turtle dove, so biologists didn’t realize a new invasive species was spreading.

A 2010 article in the Billings Gazette describing their invasion of Montana said they arrived in that state in 1997 and by 2001 they were present in 31 of the Lower 48 states.

Today they have colonized the Pacific Northwest and Alaska. They are plentiful in Europe and thrive in a variety of climates, even north of the Arctic Circle in Norway.

“The first I knew of them, they were in Dove Creek,” Blackburn said. “Pretty soon they were here. They’re multiplying like lemmings. They’re better adaptable to a niche. There’s something here that has changed to make it attractive to them.”

Although biologists aren’t all sure what impact they may be having on the native mourning doves, Blackburn has no doubt.

“I don’t care what it says on the Internet. They ARE impacting mourning-dove populations, period.

“The mourning doves are gone from town [Cortez]. We used to have them nesting here. We’ve been watching it.”

He said one birder in Dolores shoos the Eurasians off her feeder. “As soon as she gets rid of them, the mourning doves come back. There are some reports where the two species are still mixed, but I’m pretty sure the mourning doves won’t be there much longer.”

According to a CPW brochure, mourning doves can be distinguished from Eurasians by their smaller size and more-pointed tail.

Mourning doves have a soft, haunting call, sort of a “cooAHoo, hoo hoo hoo.” The next-to-last hoo is shorter than the others.

Even if Eurasian doves have harmed native birds, they have been a boon to raptors such as eagles, hawks and falcons, according to Hampton.

Blackburn agreed. “They are servicing a lot of accipiters [smallish hawks], like Coopers and sharp-shinned hawks,” he said. “They’re taking the doves right off our deck here.”

Because Eurasian doves are classified as an invasive species and are not protected by the Migratory Bird Treaty Act, many states, including Colorado, have no limit on how many can be taken by hunters.

“We have special regulations in place to allow for more-liberal harvest,” Hampton said. “On general doves like mourning and white-winged, our season is Sept. 1 through Nov. 9.

“On the Eurasian collared doves, our season is year-round and statewide. The bag and possession limit on collared doves is unlimited.

“I think that shows from a management perspective we’re trying to get these things any way possible.”

Human hunters find the birds challenging to harvest, but tasty, according to an article by Scott Winston in Colorado Outdoors, a publication of CPW. “They taste just as good as mourning doves do,” Winston wrote. “With breast medallions half again larger than a mourning dove, they make for fine table fare.”

Eurasians are said to like farms where they can find spilled grain; one theory about their spread is that they followed railways where grain had been hauled.

According to Winston’s article, they are mainly ground foragers and, in addition to grain, will eat berries, plants and insects. They do not migrate, unlike mourning doves. They appear to flourish in humanmodified landscapes where there is water as well as food.

Some observers say their rapid growth may be attributable not so much to their crowding out other birds for food or territory, but to the fact that they can produce three or four broods a year, even more in warm climates.

The arrival of the Eurasian collared doves is just part of ongoing changes in the status of birds regionally. “You have species change all the time and out-compete other species,” Blackburn said.

Climate change is causing some birds to disappear from the area and others to appear, Blackburn said. Roadrunners have been sighted here in recent winters. “You can just generally say that you’re going to see a shift of animals north.”

For many birds, this year’s harsh summer and spring have taken a heavy toll, he said.

“The hummingbirds are suffering because nothing is blooming. They will decline, as well as any migratory birds that depend on that food source,” he said. “We’re seeing huge stresses on bird populations. We’re talking internationally, not just locally.”

But for some species, drought and heat have had benefits. With so many dead trees in the forests, woodpeckers and sapsuckers that like to seek insects in downed logs are doing well, he said. “With all the decaying wood, they’re in hog heaven.”


Mourning doves are banded in Colorado and other states as part of a program to monitor their status. Hunters should report banded mourning doves to the USGS bird banding lab, 800-327-BAND.

Project FeederWatch, a project of the Cornell Lab of Ornithology that monitors bird numbers across North America, is asking for people to help track the spread of the birds. For more information see http://projectfeederwatch. wordpress.com/2011/01/17/eurasian-collared-doves-conquering-america/.

Published in July 2013

Controversy over a left turn in Montezuma County

Commissioners mull plea to end left-turn ban at Lebanon Road junction

COMMISSIONERS DISCUSS LEBANON ROAD JUNCTION

Jay Balfour, a resident of the Lebanon Estates Subdivision, speaks during a public hearing July 1 at the subdivision’s entrance onto Lebanon Road while (from left) Commissioner Steve Chappell, county attorney John Baxter and Commissioner Keenan Ertel look on. Photo by Gail Binkly

More than 30 people stood and sweated under the afternoon sun July 1 as the Montezuma County commissioners held their first ever on-site public hearing, at a controversial intersection on Lebanon (25) Road.

Equipped with a public-address system, a recording device, and a cooler full of bottled water, the board listened to a plea from some homeowners to change a traffic restriction in the 19-lot Lebanon Estates subdivision.

That restriction, which is part of the subdivision’s plat, currently prohibits drivers from turning left onto the busy Lebanon Road from the northern end of the loop road, N.8, that serves the subdivision.

The restriction was adopted as a requirement of the development’s approval by the county commissioners in 2006 after neighbors and an engineer hired by the county voiced concerns about the safety of the junction. They said a hill and curve make the sight distance too short to see vehicles on Lebanon Road traveling toward the intersection, particularly since traffic often exceeds the posted limit of 40 mph.

People exiting the subdivision currently have the option of turning right onto Lebanon Road from the northern end of the loop (and making a U-turn somewhere down the road if they want), or leaving the subdivision at the southern end of N.8 a fraction of a mile away, which also opens onto Lebanon Road.

But Dave Hansen, president of the Lebanon Estates homeowners association, told the commissioners that at the HOA’s annual meeting June 1, those present decided the left-turn ban did not make sense. He asked the commissioners to “make this a normal intersection.”

But the board tabled a decision on the question. Commissioner Keenan Ertel said the board’s attorney, John Baxter, said the proposal needed support from every lot owner in the subdivision before it should be considered.

The county’s land-use code contains a provision requiring the consent of all owners in a subdivision before anything can be changed in the subdivision’s plat, and the traffic restriction is part of Lebanon Estates’ plat, explained Commission Chair Steve Chappell.

Hansen promised to send petitions to every owner seeking their approval, but said he couldn’t provide that today.

The board decided to continue with the public hearing nonetheless, taking comments from a number of locals who spoke both for and against the left-turn ban.

Jennifer Preston, who lives on Lebanon Road across from the subdivision, said at the time the subdivision was being considered, more than 300 people had signed a petition expressing concern about the traffic hazards it would pose, particularly related to the northern access. She said a 2007 study found nearly 1,000 vehicles a day traveled Lebanon Road. A barricade put up by the developers as a condition of the subdivision’s approval was just “parking-lot bumpers” and had since been removed altogether, she said.

But Mike Lowry of Lebanon Road said there had been no accidents that he knew of at the intersection and the barricade had been removed because it interfered with snow plows.

Alan Carol of Lebanon Road suggested a new traffic study might be helpful. He said he didn’t understand why the subdivision’s residents couldn’t simply use the other exit route.

“It takes 45 seconds to drive to the other end of the subdivision at the speed limit, so I’m a little bit baffled that the people who moved into the subdivision with the restrictions placed on their access when they moved in are now finding 45 seconds too much,” he said.

However, developer Jim Candelaria said traffic studies are designed to be good for 20 years.

Jackie Randall of Road P said the engineer who did a study for the county in 2006 found that the intersection was highly dangerous and recommended it be closed or gated. Likewise, the State Patrol sent a letter in 2007 recommended that the north entrance be used for emergency access only, she said.

Jeff Woods of Road P said he rides his motorcycle along Lebanon Road several times a day and is skeptical that drivers turning left from the loop road can see him in time.

“To turn left out of here is ridiculous,” he said, adding that he knew people who had had narrow misses with vehicles turning left from the northern access.

But others said the intersection is no more dangerous than many others along the narrow road. Corbin Claxton, a sheriff ’s deputy who lives at the intersection, said, “Anybody who stops at the stop sign [at the entrance onto Lebanon Road] and actually stops will know if there’s no cars coming down the road.”

And Jay Balfour, a resident of the subdivision, said the real problem is people not obeying the speed limit.

A number of residents echoed that concern and urged the commissioners to make sure there was better enforcement, but the board said that is up to the sheriff ’s office.

After the hearing ended, Ertel said there were a number of issues for the board to consider. He said there are indeed many other dangerous intersections on Lebanon Road, including one with the industrial-park road further to the south. He said Sheriff Dennis Spruell had told the board there is no particular problem with the intersection at N.8.

Chappell said the board will wait until it receives signatures from all the lot owners in the subdivision before taking the matter up again.

“Somebody’s not going to be happy with this” no matter what the board decides, Commissioner Larry Don Suckla predicted as the crowd dispersed.

Published in July 2013

Trail-planning work continues in Dolores

While many towns are looking for ways to add or widen streets for more vehicular traffic, the town of Dolores is looking to its roots as a largely non-motorized community.

Together with a steering committee, the town government is testing the waters of public opinion to develop a new plan for non-motorized travel both within the town and to provide access to nearby public lands.

Ideas currently include in-town trail/sidewalk loops, a non-motorized trail along the south side of the river downstream from the Fourth Street bridge, a potential pedestrian bridge spanning the river between Joe Rowell Park and an area commonly known as “the beach,” as well as the closing of gaps in the existing river-trail system — which would require seeking collaboration with private property owners along the river.

“We’re a river town, but we don’t showcase the river at all,” said Ryan Mahoney, Dolores town manager.

At a public workshop held June 26, keypad polling was utilized to get a feel for public support on the ideas. More than 25 members of the public participated — approximately 75 percent of which reported they are Dolores residents.

Additionally, a plan is in the works to build a non-motorized trail along the eastern edge of McPhee Reservoir connecting the town to House Creek Recreation Complex and the existing Boggy Draw trail network.

An unprecedented 100 percent of those polled supported the House Creek/Boggy Draw connection trail, with 83 percent saying they would volunteer to build the trail. This would create the possibility of an in-town trailhead for in-town trail networks or the proposed trail connecting the town to popular public lands. Guiding signage, maps and information kiosks were discussed at these locations.

When asked about the most important in-town connection for pedestrians and cyclists, 76 percent identified gaps in the riverside trail, while 40 percent identified connecting neighborhoods to recreation.

Though the meeting was aimed at creating new non-motorized networks, participants admitted to not always using the existing infrastructure. Only 42 percent said they tend to use available sidewalks in the traffic-quiet town, and 75 percent said they use bike lanes. Many said they simply walk or bike in the street, particularly on Riverside Avenue and Central Avenue, which parallel Colorado Highway 145 through town.

The steering committee proposed the idea of an in-town non-motorized loop to connect residential areas to schools, recreation and public service facilities. This could potentially also serve as a historical tour for visitors. This internal non-motorized loop could utilize existing sidewalks and paths with new sidewalks or more-affordable street-side gravel paths to fill in missing gaps. Of those polled at the June meeting, 85 percent supported the idea of an in-town loop.

As far as access to a recreational area at the confluence of the Dolores River and Lost Canyon Creek — commonly known as “the beach” — 87 percent of those present at the meeting said they would support a path along the south side of the river from the Fourth Street bridge, and 52 percent said they would support a pedestrian bridge from Joe Rowell Park.

Those who opposed the bridge said it would obstruct the view or become a target for vandals.

Lastly, in-town pedestrian highway crossings were discussed, with 58 percent of those polled saying they would support traffic-slowing median islands at pedestrian crossings and 45 percent saying they would support visually enhanced crossings. Only six percent said no enhancements were needed.

The steering committee is scheduled to meet throughout the summer, with additional public meetings proposed before a final plan is drafted.

Internet-based polling is also planned, with further information expected to be posted on the town’s web site: townofdolores.com.

Published in July 2013

Will river regulations be relaxed?

An illegally built deck may lead the county to revisit the decade-old plan guiding development on the Dolores

DOLORES RIVER REGULATIONS

This gazebo, built on the Dolores River in violation of a setback requirement in the county’s land-use plan, has prompted the commissioners to say they will take a new look at some of the existing regulations governing development along the river. Courtesy photo

The Montezuma County commissioners are planning to review and possibly rewrite parts of the plan that guides development in the Dolores River Valley.

Following a discussion at their June 24 meeting about a structure built on the river in violation of setback requirements, the commissioners said it was time to take a new look at the plan, which was adopted into the county’s land-use code in December 2003 on the recommendation of a citizens’ working group.

How far they will go with revisions is not certain.

Planning Director Susan Carver told the Free Press that she will bring some proposed amendments to the board this month that would relax setback requirements for auxiliary structures on the river. She said she will work with James Dietrich, county community- services coordinator, on language that would identify auxiliary structures, or any structures, that could be built within the setback, perhaps with square footage as a factor.

“I don’t think the intent of the [original] regulations was to take away from enjoyment of the river, but to protect water quality,” she said.

However, it’s possible the commission will want to look at other aspects of the Dolores River Valley plan.

Two of them have previously expressed distaste for the system of “transferable development rights” established under the plan – which limits development to one unit per 10 acres unless a landowner buys development rights from another landowner – and have spoken about rescinding that aspect of it. However, they also indicated they would do so only if they heard from a number of constituents pushing for such a change.

The third, Commissioner Keenan Ertel, has said he wants to know more about TDRs before forming an opinion.

On June 24, the board discussed starting a “focus group” to re-examine the plan, with notices going to landowners in the river valley.

“It’s a good time to revisit this,” said Commission Chair Steve Chappell.

Carver agreed. “Just because a plan is in place for 10 years doesn’t mean it’s the best plan,” she said.

At their regular meeting on July 1, the board again said they were planning to have a focus group in Dolores, but its composition has yet to be decided and the process has not begun.

River-valley landowner Pat Kantor told the commissioners they should make sure they are thoroughly educated about the plan before they begin re-examining it.

“As the economy picks up, the demand for riverfront property will increase,” she said. “It’s important you understand the rationale for the group’s decisions [that created the river-valley plan].”

100 feet back

The talk about a focus group stemmed from a complaint brought to the board on June 17 about a large gazebo built on the river by landowner Grant Smith and builder Kelen Lovett. That afternoon, Chappell was absent and the other two commissioners were deadlocked over what to do, so the issue was brought up again on June 24.

No structures are supposed to be built within 100 feet of the river, according to both the county’s land-use code and its comprehensive plan.

Page 3 of the county’s land-use code contains the following statement in a chart: “Within the Dolores River Valley: All new commercial And residential construction, including I.S.D.S. [individual sewage disposal systems] set back 100’ from existing stream bank.”

The restriction is repeated on Page 48.

Also, the county’s comprehensive plan contains a section consisting of amendments pertaining to the Dolores River Valley. One of those is a recommendation that “the Montezuma County Land Use Code require that structures are set back a minimum of 100 feet from the Dolores River bank.”

But two years ago Smith began building a large, covered deck that hangs over the river and is anchored with “sona tubes,” or concrete cylinders sunk into the riverbank.

Carver told the board she had recently received two letters of concern from the public about the structure, leading her to investigate, and that Smith told her he was aware of the setback requirement but interpreted it to apply only to houses, not decks. He said he had thought the planning department was aware of the deck and no one had stopped him from working on it.

He continued to work on it even after being contacted by the planning department, later telling the board that it was for “safety reasons” because he was afraid the structure would collapse.

Carver said the working group that developed the Dolores River Valley plan recommended banning any structures, not just those with septic systems, from being built within 100 feet of the river. The goal was to protect water quality, she said.

“Since 2003, the county has enforced that policy and stringently interpreted that it applies to all structures set on piers or foundations,” she told the board. “It has precluded decks from being built.”

She said other landowners have asked to build on the river, but have been turned down. There are indeed structures within the 100-foot setback, she said, but most are “grandfathered in” because they pre-dated the land-use code.

The only exceptions, she said, have been for irrigation structures or livestock fencing. She said the planning department suggested three options:

• Find the deck/gazebo to be non-compliant and order it to be removed;

• Find it non-compliant, levy a fine, and work out an agreement with the landowner;

• Delay immediate action and prohibit further construction on the gazebo while the county launches a review of the river valley’s planning restrictions. Carver said that review could probably be done within a couple of months.

The board opted instead, on a 2-1 vote, to grant Smith an immediate variance for the structure but to also fine him $1,000. The board refused to allow comments or questions from the audience, saying this was not a public hearing.

Not that unclear

A week earlier, Smith and Lovett had argued their case strenuously before Ertel and Commissioner Larry Don Suckla. Smith said he had spent more than $50,000 on the gazebo and did not want to tear it down. He said he thought the setback applied only to permanent foundations, and that he did not understand the county’s interest in regulating other structures.

“If I build a shop in the floodplain and it gets swept away, why does the county care?” he asked.

Carver said, “We don’t know what chemicals or fuel you may have in your shop.”

At that time, Suckla had suggested a $500 fine would be sufficient, but after hearing the discussion June 24, he said he wanted to double that.

“I haven’t got much sleep over this deal – I have really, really thought about it,” he said. Lovett argued before the board that the land-use code was unclear and that he had talked to previous commissioners who said the setback regulations were mainly intended to deal with structures that had septic systems. He said other people had been denied the right to built a deck on the river because of “a misinterpretation of the land-use code.”

He also said he had not seen the language in the comprehensive plan because that information was not available to him “without digging awfully deep.” He said the land-use code “is what’s available to the common people.”

Lovett later asked, “How can I get my hands on this [comprehensive] plan?”

Carver replied, “It’s on the Internet right next to the land-use code.”

“Well, I couldn’t find it, and neither could my brother” or their attorney, Lovett insisted.

The plan and the code are listed one after another on the county’s web site under the planning section.

Chappell pointed out that the code is a legal document delineating actual policy and regulations, whereas the comprehensive plan is just an overall vision and set of guidelines.

County attorney John Baxter said the regulations seem straightforward. “The landuse code does say ‘residential and commercial construction’. I don’t know that it’s that unclear. . . I think the land-use code prohibits it,” he said.

Lovett responded that the document should be written in “plain English, for a dumb builder and homeowner to understand.”

Granting a variance

Dietrich told the board the county has no setbacks on any other streams or riparian areas in the unincorporated county, but state regulations require a 50-foot setback. At any rate, Dietrich said the deck is definitely not out of the floodplain and also that “you can’t get out of the floodplain by going vertically.”

La Plata County has a 50-foot setback requirement on the Animas River, Carver said, and the town of Mancos has very strict rules about any activity in its watershed, including weed-spraying.

Lovett countered that the town of Dolores has a new restaurant that overhangs the river.

But Commissioner Ertel said that, as a home-rule municipality, Dolores can do things differently.

Ertel said he was troubled by Smith’s and Lovett’s disregard for the law. “You knew there was a hundred-foot setback to build certain types of structures.

You knew that,” he said. “You assumed that did not include decks and roofs and stuff. You assumed it was only a very specific type of building or residence. Did you ever call the county and ask?”

“That deck’s been there two years,” Smith said.

“This rule’s been here 10 years,” Ertel said. Smith said county planners hadn’t told him he was in violation.

“You’re making us police officers,” Carver said. “I see a lot of violations when I’m driving down the road, but I’m not a police officer.” Ertel said laws should either be followed or changed.

“I don’t necessarily agree with a hundred-foot setback, but that’s the way it is right now, and that puts me as a commissioner in a real bind,” Ertel said. “Back in 2003 they felt that [policy] was in their best judgment and the commissioners implemented that, and now here we are 10 years later and I have to abide by what’s been put down by previous commissioners unless there’s some action to change that.”

Ertel argued that no decision should be made about Smith’s gazebo until the board decided whether to change the rules about setbacks.

“If we end up with the same policy, then he has to remove his deck,” Ertel said, adding that to him, assessing a fine was “giving permission” to flout the law.

Chappell noted that in 2006 a fine of $7,500 had been assessed for a house built too close to the river.

He said he didn’t want to “create a situation where builders say, ‘I’m going to build on the river, pay a $7,500 fine and get $100,000 more in property value’.”

However, he also said he wanted to be consistent with the previous decision to levy a fine on the house but let it remain.

The commissioners then voted 2-1, with Ertel opposed, to assess the $1,000 fine but immediately sign a variance so Smith could keep his gazebo.

They also seemed to agree the river plan should be revisited.

“The primary focus of the plan was to protect water quality,” Chappell said, adding that aesthetics and politics were also involved. “People that had property and wanted to control other people’s property” made the decisions, he said.

He added, “I agree we should revisit this and get the opinions of the landowners, and not six people that don’t even own river in the valley. Maybe get Val Truelson [owner of the Ponderosa Restaurant and some gravel-mining operations on the river] involved this time.”

A diverse group

Kantor, who served on the working group that came up with the valley plan, told the Free Press she found the board’s apparent interest in hearing mainly from river-valley landowners during the proposed review of the plan “really disheartening.”

“When we had the Dolores River Working Group, it was a diverse group,” Kantor said. “There were property owners large and small, environmentalists, ranchers – a good cross-section. To think that the Dolores River is just within the aegis or purview of people living and owning property on it is such a narrow perspective. It’s the most significant resource we have in the county. Where would we be without it?”

The group had 15 members, including Bruce Lightenberger, owner of a large tract on the river; Chris Majors, a landowner, rancher and accountant; Richard Tibbets, a developer; Dewayne Findley, owner of a lumber-related business; and Gene Story, then a county commissioner and also a landowner in the valley.

“We tree-huggers were outnumbered,” Kantor said.

The group convened for more than two years in lengthy meetings that often started with a presentation by different experts on water quality and floodplains. “Sometimes I didn’t get home till after 11 o’clock at night,” Kantor said. “Water managers were there and they all spoke about how it’s so important to protect the quality of water in the river because clean-up is not only so expensive, it’s often very lengthy.”

Carver told the Free Press she believed the setback requirement came out of the group’s concern for protecting that water quality.

“It’s not just sanitation that may contaminate a river,” Carver said. “There would be an auxiliary structure that someone stored solvents and oils in.”

However, she said a case certainly could be made that items such as picnic tables and tree houses should be allowed on the river.

She said she hoped to be able to bring options for amendments related to setbacks to the board by July 8 and to have a work session with the Planning and Zoning Commission at its meeting July 25.

Any changes in county setback requirements won’t affect applicable state and federal regulations, she noted.

Published in July 2013

Rules file notice of intent to sue

By Gail Binkly and David Grant Long

Former Montezuma County Commissioner Larrie and his wife, Pat DeGagne Rule, have filed a notice of intent to sue the Colorado State Patrol and the Montezuma County Sheriff’s Office over their treatment during a search of their property on Dec. 12 of last year.

The notice of intent, dated June 6, states that the Rules were “negligently, wrongfully, tortiously, unlawfully and forcefully ejected from their property” on Road L north of Cortez by the State Patrol and sheriff’s office, which were acting “under the guise of an unlawful search warrant for an alleged stolen cement truck.”

The notice accuses the law officers of keeping the Rules out of their home overnight at a time when Larrie had health problems.

A notice of intent to sue is not the same as an actual complaint filed in court, but when someone is planning to sue a government entity, a notice of intent must be sent first.

The Rules’ notice says they will seek approximately $100,000 for “emotional distress, loss of privacy, tortious interference with business and/or other opportunities, libel, slander and defamation of character and. . . violations of their civil rights.” In addition, they are seeking compensation for the cost of a hotel room, meals and other specific economic costs related to their ejection from their home.

According to reports at the time, several law-enforcement agencies working with the State Patrol’s “Beat Auto Theft Through Law Enforcement” task force conducted a three-day search of the Rules’ property beginning Dec. 12, and removed two cement-mixer trucks. A State Patrol spokesman said there would be more information released in a few days, then pushed that back to after Jan. 1. Later the spokesman reportedly said there would be information released after May 1, but that date came and went with no news forthcoming.

No charges have been reported filed in the case.

Meanwhile, the search warrant; the warrant’s return, which documents what was found; and all other reports about the investigation have been sealed, evidently at the request of former District Attorney Russell Wasley.

Current DA Will Furse did not respond to a phone call from the Free Press seeking information about the search warrant and the sealing of documents.

The Rules and their attorney did not respond to requests for comment.

The notice of intent names State Patrol Trooper Steve Nowlin and Sheriff Dennis Spruell as public employees specifically involved in the case. It says other individuals “are unknown at this time.”

“Under the guise of an unlawful search warrant for an alleged stolen cement truck,” the notice states, the CSP and MCSO “wrongfully ejected Claimants from their property for a full night, which was excessive under the circumstances and in violation of Claimants’ civil and other rights.”

Larrie Rule “had serious health issues at the time, of which the Colorado State Patrol was notified and, despite this, the State Patrol and/or Trooper Nowlin refused to allow claimants to return to their home,” the notice states.

It continues, “Claimants have emotionally and physically suffered due to the unreasonable, unlawful and excessive search and due to an invasion of their home and privacy for an excessive length of time (under the totality of the circumstances), were forced out of their home due to an unlawful search warrant for an allegedly stolen truck located outside the home in a carport, and due to other actions or inactions, by the public entities and/or their employees.”

It says the Rules’ reputations have been damaged.

Larrie Rule was commissioner for eight years and left in January 2013 because he was term-limited. Pat DeGagne Rule was longtime chair of the county Republican Party and was a candidate for county commission herself in 2012, though she did not win.

 

 

Published in June 2013

Excited by individuality

Goodnight shares her artistic vision through workshops and a new paint-out

On a blustery afternoon in early spring, Veryl Goodnight is in her studio painting sled dogs. There are six of them, each dog a different individual, which is why she loves them.

“Individuality of a subject excites me,” Goodnight says. “Think of your own dog, or horse, or family member. Animals are as much individuals as people are.” Goodnight says the world would be boring if we all had the same stature, facial features, hair color, and so on – and notes that this pertains to the animal world as well.

veryl goodnight workshop

Participants at a 2010 workshop by sculptor Veryl Goodnight show off their creations at her studio in Mancos, Colo. Goodnight will be offering another workshop, “Sculpting the Burro,” June 3-7. She will also take part in the new Rim to Ruins Plein Air Paint Out at Mesa Verde National Park May 20-22.

Known for her lifelike sculptures of all kinds of animals – chipmunks, deer, foxes, coyotes, grizzly cubs, bald eagles – as well as the human form, Goodnight will be offering a workshop, “Sculpting the Burro,” June 3-7 in Mancos.

The workshop provides participants with an understanding of the importance of three main foci: working from life, understanding anatomy, and learning to “see” the subject. Goodnight’s five-day workshops are limited to 10 participants and take place at her studio near Mancos, where she has a “model run” on the west side to take advantage of working with live animals even when the weather is inclement.

Beginning with the process of armature, in which artists roughly replicate a skeleton with aluminum wire, and working out from there, Goodnight personally guides participants through a complete analysis of every anatomical element, from the nose to the tail.

“I break down every aspect of the subject – head, torso, legs, etc. – with a complete discussion of the anatomy that is creating the form we see.” Proportions, planes, light and movement are all discussed. In addition to this year’s special model, DonKey the burro, live horse models will be used.

Goodnight’s technique, honed during four decades of sculpture, is precise. Each sculpture entails hours of observation and analysis, particular to that individual. After the armature, a clay model is created covering the aluminum frame. Goodnight does utilize still photography and video to supplement working from life, yet nothing replaces a live model.

“Viewing video at 23 frames per second enables me to really study the movement of a subject,” she says. “Still photos help freeze details of moving subjects. None of this, however, can replace having the model right there in front of me. Having a living, breathing model nearby not only provides information that a thousand photos couldn’t convey, it keeps me excited.”

“Excitement” is a word that Goodnight uses a lot. This is one of the things that make her workshops so special – not only do participants get individualized attention and a chance to see firsthand why and how Goodnight works – but they too can feel her enthusiasm.

And that zest bubbles over into everything she does.

People who are not students in her workshops can see Goodnight in action at the first-ever Rim to Ruins Plein Air Paint Out at Mesa Verde National Park May 20-22.

What is a renowned sculptor doing at a paint-out? “I have been sculpting for more than four decades and returning to my original medium of oil paints has re-charged my creative energy in a huge way. What excites me the most about this paint-out is the extraordinary artists who will be participating.”

Goodnight will be joined by 27 other nationally renowned artists including Curt Walters and Jim Wilcox, who according to Goodnight are two of the best landscape painters in the United States. The paint-out is sponsored by the Mesa Verde Foundation, Mesa Verde National Park, and Greenberg Traurig, LLP. All proceeds will go to the foundation.

The Rim to Ruins Paint Out is a collaborative effort, a unique event in which the National Park Service has granted artists special permission to work in exclusive areas in the park, including Wetherill Mesa, where Long House ruin is located.

Goodnight had a hand in creating this event. “Two years ago, I somehow secured permission for myself and several artists to paint on Wetherill Mesa prior to it opening to the public.”

The experience was so rewarding that Goodnight, Walters and Wilcox wanted to share it with others.

This year, the 28 artists will spend the first two days painting at Mesa Verde, alone, in a place of their own choosing. On the third day, all artists will set up in a location on Wetherill Mesa where the public is invited to attend a brunch, view the artists at work, and participate in an auction where they will have a chance to buy the “quick draw” paintings they saw the artists working on.

Marilyn Alkire, chair of the Rim to Ruins event, notes that the event highlights both the natural beauty and ancestral history of the park, a sentiment echoed by Superintendent Cliff Spencer.

Generally, the park requires permits for filming, videotaping, and photography using models and actors, professional crews, set dressing and props; any activity for purposes of advertising; use of any equipment that cannot be handcarried; and photography or filming that might damage resources, disrupt visitors, or take place outside of normal hours and public areas. However, for the paint-out, park officials offered their enthusiastic support.

The artists say it is an honor to be invited to this event. Each artist participating in the paint-out will contribute three studio paintings resulting from their time in the park to a public display at the Denver Public Library. These paintings will be then be available for sale on the evening of Oct. 22.

Goodnight speaks quietly about the event, remembering painting in the ruins last year:

“The experience of walking into Long House ruin with other artists was unforgettable. It became completely silent as everyone looked around, looked up, and slowly walked into the shadow of the overhang.

“It was like seeing the Sistine Chapel for the first time. In silence you can absorb, feel what is surrounding you and in the hands of a capable artist, that feeling can be transmitted.”

When asked where she will be painting during the first two days of the event, Goodnight says she doesn’t know yet, that it is best to enter the experience with an open mind.

“A preconceived idea can often derail a painter from seeing what is before them.”

She adds, “If you go out looking for a certain something and it’s not there, sometimes you will overlook what is there that would make a good painting. You want to stay just completely open-minded and set up to paint up where all the conditions are exciting.”

Published in May 2013

‘Star Trek into Darkness’ just Khan’t quite make it

I have a confession to make: I’ve been pretending to be something I’m not – namely, a normal person. But in my old age, I’ve decided to reveal the truth. I’m a Trekkie, Trekker — no point in getting hung up on the terminology, you get the idea. An aficionado of Star Trek. Back in my youth, I engaged in just about every geeky Trek-related activity possible (attending conventions, reading Trek novels) — short of putting on a costume. (And that was probably just because I wasn’t a good enough seamstress to make one.)

I mention this because I believe it establishes my bona fides to complain about the newest entry in the very profitable franchise spawned by Gene Roddenberry’s television show of the 1960s: the film “Star Trek: Into Darkness.” Without revealing any spoiler information, I will say that it borrows heavily from an earlier film – but instead of being an homage, as may have been intended, STID (we folks in the sci-fi realm are very fond of acronyms) comes across as derivative, lazy, and fundamentally dishonest.

I say dishonest because the film purports to be within the Star Trek universe, but it really isn’t. It has the label stamped across it in order to ensure a ready-made audience, but in actuality it’s a loud, tiresome action film, replete with over-the-top special effects, featuring characters named Kirk, Spock and McCoy who occasionally but inconsistently resemble the originals.

The young Kirk is pretty believable. Mc- Coy is reduced to a one-dimensional deliverer of one-liners, but he’s still himself. It’s the character of Spock who seems particularly off-key in the two new ST films – this one and 2009’s “Star Trek.”

The problem is not with Zachary Quinto’s portrayal of the half-human, half-Vulcan science officer, which is nuanced and likeable, but with the scripts. Spock in the original TV series and in the films numbered I through VI was a complex individual who attempted at all times to adhere to a Vulcan credo of logic and self-discipline. Despite clearly having emotions, he refused to display them because his philosophy viewed them as an embarrassment and a distraction from higher reasoning.

Fast-forward to the movie reboot, and you have a Spock who is having a passionate affair with Lieutenant Uhura, the ship’s communications officer; who sheds tears at one key moment in STID; who loses his temper and pummels the film’s villain; and who (in a particularly cringe-worthy scene) raises his head and yells at the top of his lungs in grief and rage.

Now, there’s nothing wrong with giving a much-loved character some fresh new dimensions and allowing him to evolve, but this goes beyond evolution. At what point is Spock no longer Spock, just a crewman with pointy ears?

Another dishonest element in the “new” ST films is their complete rewriting of the basic tenets of the ST universe. The first film posited a new timeline, created when Spock attempts to thwart a supernova by initiating a black hole to swallow it (technology that certainly wasn’t part of the original ST ’verse) and winds up traveling through the black hole. In the new timeline, the planet Vulcan has been destroyed, Spock’s mother is dead along with Kirk’s father, and we have the new Spock smooching with Uhura every time they cross paths in a corridor.

I enjoyed this first new film but imagined that the second would restore things to the “right” timeline. Clearly that was not the script writers’ plan. Instead, STID continues marching along the alternate path. Incidents from the original reality recur, but in ways that only vaguely resemble their antecedents. Plots from the past are rewritten. In better hands, this sort of treatment might prove an interesting twist on some old favorites. Here, it just indicates a dearth of imagination on the part of the film-makers.

My husband, a sci-fi fan himself, once wrote a short story about a world where creativity was slowly dying. That world has apparently come to pass, at least in Hollywood, where every major release is some sort of sequel or remake. But who’d have ever thought that a Star Trek film would prove to be the poster child for tired rehashings of familiar plot lines?

On Trek blogs, a debate is raging about whether fans should go see the new film despite its weaknesses in order to encourage Paramount to keep the franchise alive. I’d vote no.

The franchise is clearly going to live long and prosper, in one form or another, but maybe it can be encouraged to make better use of the talents of Quinto and Chris Pine (as a very handsome and intense young Kirk) in a future, more intelligently written film.

Published in June 2013

Healing jewels

KRISTI SMITH SILVER SPARROW DESIGNS

Kristi Smith of Dolores shows off some of her custom-made jewelry.

When most people use the term “healing arts,” they are referring to the medical profession – alternative healing techniques such as acupuncture, massage, reiki, or traditional medicine involving doctors and nurses.

Yet the idea of “art therapy” or the use of art in healing work is becoming more common. Think about the custom of sending flowers to people who are recovering from illness — expressing our love in a way that brings beauty to the person suffering. Art and artists share this process of transformation with healers, in that both are engaged in taking people from one state of being to another.

Kristi Smith of Silver Sparrow Designs in Dolores is no stranger to this transformative process. She explains, “The reason I make jewelry, the reason I have always had to create, is to keep my demons away, to battle my darkness. The process of transforming raw materials into something new and beautiful also transforms something inside of me, changes the darkness into light.”

Smith, the mother of two young daughters, Hazel and Juniper, is full of light as she speaks. She works out of a hundred-year-old barn in the back of her house. Smith acknowledges that she has arrived at this moment by following her passions – which is never as easy at it seems. In high school, she took a silversmithing class and loved it. But her parents advised her against pursuing this work, and suggested she become a teacher. Smith followed their practical advice and after getting a degree at Ft. Lewis College and landing a job in Dolores as a fourth-grade teacher, her life was set. Yet her creative capacity was not being tapped to its full extent, and Smith yearned to get back to making jewelry.

On a whim, she made a flyer asking for old silversmithing equipment. “I thought, there’s just got to be some old guy with a garage full of stuff that’s not being used.” Sure enough, her flyer caught the attention of Arky, a Dolores man who did have the tools, time and energy to help Smith get started. He even made a buffer out of an old dryer motor, which Smith uses to this day.

Other helpers appeared, including Maegan Crowley of Iron Maegan Metalworks, who provided Smith with tips and whom Smith refers to as her “teacher/mentor/guru.” Another friend provided more tools, and before she knew it, Smith was on her way.

Five years ago, after the birth of her second child, she went full-time. Smith says the way everything fell into place gave her the sense that, “This is what I’m meant to be doing. It’s amazing that I can make a living doing something that is good for my soul.”

Smith sells her jewelry on Etsy, at Silver Sparrow Designs and Gold Sparrow Designs, where she specializes in custom wedding bands and other custom items. She has some jewelry at Sideshow Emporium in Dolores, and is also a regular at the Telluride Farmer’s Market, which starts Friday, June 7. Smith recently began to be represented in a gallery in San Francisco, and is selling so much she can hardly keep up with the demand.

“My jewelry is inspired by music and art, and a lot of my pieces have lyrics on them,” notes Smith, who has gained notoriety for including words and quotes in her pieces. Smith, who is also a musician, loves to listen to music while creating her jewelry. She believes there is a relationship between music, art and healing, mentioning that many people have told her that her jewelry is special.

“Your jewelry has power,” one customer told her.

Smith does think there is an emotional and spiritual aspect to jewelry that goes beyond the stones and design. For a custom piece, Smith works with the customer to find the right stones, each of which has special traits. For instance, chrysoprase, an applegreen variant of chalcedony, is said to encourage hope and joy, help make conscious what was unconscious, clarify problems and protect the individual. For one piece, Smith put the stone into a lotus-like silver setting and stamped the word “Grace” on the back of the ring. The result is somehow more than just another pretty ring – because, as she notes, “It’s not just the power of the stones – I add to this when I’m creating and then the energy I’m putting into it when I’m making it comes through.”

Dolores resident Tracy Murphy says, “Every single thing I see of hers is magical. You pick up a piece and feel how special it is.” Murphy commissioned Smith for her 50th birthday. “I love her jewelry and there was this specific quote special to me, so I thought maybe she could make something for me that had that quote on it.” The quote was the refrain from Leonard Cohen’s “Anthem”:

Ring the bells that still can ring Forget your perfect offering There is a crack in everything That’s how the light gets in.

The two of them picked out a piece of laguna agate. “We found this stone with a crystal inclusion – that is a crack, and Kristi explained why this stone would work. I didn’t have a design in mind, so I said, ‘surprise me’.”

Murphy was thrilled with the results. “It’s perfect. Even if I didn’t know Kristi, it would be the most spectacular thing I own, but the fact that we worked together to make it is what makes it important.”

Does jewelry have the power to heal? Smith has no doubt that it does. She says the pieces generate an energy of their own. “Sometimes I can’t sell them!” she smiles. “You have to have faith in yourself.”

Published in June 2013

A new book revisits the 1998 Four Corners manhunt

DEAD RUN BY DAN SCHULTZAt times it’s more like a plodding trudge than a “Dead Run,” but that is the title chosen for an uneven, interesting but sometimes wildly speculative account of a notorious event that rocked the Four Corners 15 years ago – “The Greatest Manhunt of the Modern American West,” as the subtitle explains.

Sparked by the brutal murder of a Cortez police office who had spotted a stolen water truck just outside of town, the pursuit of and prolonged search for his killers soon became the focus of intense coverage by network and cable TV, along with major newspapers and magazines (giving new meaning to the phrase “mass media”), then almost as quickly faded from the national consciousness as the public’s attention turned to other, more satisfying dramas with tidier conclusions.

Because, ultimately, this was a story without an ending, only the rough outline of an unfinished mystery. And, as this largely unsuccessful attempt at providing a solution demonstrates, it is apparently destined to remain no more than the tale of a violent tantrum involving an unlikely trio of misanthropes with a death wish for society at large.

As one of the reporters who covered the bizarre and bewildering events as they unfolded, I longed for the final piece of the puzzle to be put into place, the piece that would explain everything. But that piece has remained elusive, and Dan Schultz’s book brings us no closer to obtaining it.

Even though the remains of the suspects – Durango residents Jason McVean and Robert Mason, and Alan “Monte” Pilon, a Dove Creek native who was a latecomer to their outspoken hostility toward authority – were all eventually recovered over the next decade, no touted explanation, including the one posited in great detail by Schultz, has ever offered a plausible, even vaguely rational reason for their actions.

The murder of Cortez Patrolman Dale Claxton by the three self-styled “survivalists” set off a massive search effort that lasted for months and, during the first frenetic weeks, involved several hundred cops, most of them volunteers, along with hundreds more Colorado National Guard troops, myriad helicopters equipped with sophisticated electronic gear, search dogs, a few bounty hunters, an occasional psychic and, of all things, a small tank employed by the Navajo police that proved as useless as the visions of the seers.

Although Claxton, a well-liked member of the force and community who had been in law enforcement only a few years, was the only fatality among the outlaws’ victims, three other cops were shot and badly wounded during the course of the initial pursuit. The fugitives’ flight was a confused frantic dash circumventing Cortez during which a second truck – a small flatbed more agile than the lumbering tanker – was carjacked before the desperate gunmen reversed course near the dead-end county landfill road and fled down McElmo Canyon, wielding fully automatic AK- 47s and similar assault-style weapons along the way – badly outgunning law officers, who carried only handguns and shotguns in their vehicles.

With little defense against such overwhelming firepower, police understandably kept a wide margin between themselves and the fleeing killers once the chase down McElmo began and the fugitives were able to abandoned the truck deep inside a remote canyon just over the Utah line and continue their flight on foot, disappearing into the rugged countryside with a few hours’ lead on their pursuers. Only one of them was ever seen alive again, and then only briefly.

Days later, a Utah deputy who was responding to a call from a social worker who had been shot at while lunching along the San Juan River near Bluff, was badly wounded by Mason, and a second pursuit ensued. Mason himself was found dead a few hours later along the bank of the river, with a hole in his head and surrounded by pipe bombs, most likely killed by his own hand.

What was left of Pilon’s body was discovered by deer hunters late afternoon on Halloween Eve 1999, his spooky skeletal remains propped under a juniper tree and his rusted assault weapon lying nearby – either dead by his own hand or having been put out of his misery by a cohort. (Pilon had a lame leg, previously injured in a motorcycle accident, a handicap that apparently was exacerbated by the get-away truck’s plunge into Cross Creek during an attempt to conceal it. It was unlikely he could have traveled far on foot, and his final resting place was, in fact, a jutting promontory overlooking a wide area of Cross Canyon, scant miles away from the brush-covered vehicle.)

McVean’s remains were also discovered only a few miles from the truck in 2007, again purely by chance when a curious cowboy spotted a bit of his armored vest sticking out of the sand along Cross Creek and upon investigating, also found his backpack and a few bones before reporting it to the San Juan County Sheriff ’s Office. McVean, too, appeared to have committed suicide after taking refuge in a hollowed- out orifice along the bank of the creek. His wind-up calendar watch had stopped on the number 30, which would have been the day after the chase began on May 29, 1998.

As Schultz accurately points out, a combination of factors worked against this large-scale approach in apprehending the fugitives being successful, including the initial, understandable disorganization of the hunt, the emotional and personalitydriven clashes of competing law-enforcement agencies, the complexities of it extending through the jurisdictions of three different states as well as the Navajo Nation – not to mention the intense heat of summer in an unforgiving desert, which made the searchers’ body armor a major impediment to their endurance and rendered the search dogs ineffectual after short periods of time.

What Schultz fails to acknowledge, since it would completely contradict his theory that the other two fugitives, sans Mason, remained at large, likely with assistance of a sympathetic community – is that the best evidence suggests that they were most probably dead within hours, or a day or two at most, from the time their second truck was discovered, and that much of the attempted tracking, by humans and canines, was in vain.

Instead, he has Pilon obtaining an over-the-counter sleep aid in Dove Creek, McVean roaming for years over the Navajo reservation while the almost-superhuman Navajo trackers come close to nabbing him time and again. In all, it makes what he intends as a serious effort seem bull-headed, an obvious attempt to squeeze a bunch of questionable and disparate reports into something that makes real good sense. It doesn’t.

Schultz’s account, after a lengthy and fairly interesting introductory essay on the role of the romanticized outlaw/killer/ Robin Hood character in the Old West, is painstakingly detailed and obviously involved a huge amount of research, but fails to portray the three fugitives as anything other than maladjusted and unsympathetic sociopaths.

And his explanation of the motive for their shooting spree, shored up by the fancy footwork of some pop psychology, is as unconvincing and convoluted as an old Perry Mason TV mystery.

And this after he cites the principle of Occam’s Razor, which holds that the simplest explanation of a puzzle is almost always right.

Personally, I believe the theft of the water truck, which led to the chance murder of Claxton when he began following it while waiting for back-up, could plausibly be explained by their desire for a means to haul water to a remote compound they wanted to establish in preparation for the impending collapse of organized society, an attitude widely acknowledged that they held. After all, what would be more useful than a means to transport large amounts of life’s most precious fluid to an outpost in the wilds of the Utah wilderness once some Mad Max post-apocalyptic world became a reality?

But Schultz embraces a more far-fetched and fanciful theory that has been bandied about since the vicious shooting spree occurred. He quite adamantly argues that McVean, the apparent leader of the group and an obsessive reader of Edward Abbey’s most famous book, “The Monkey Wrench Gang,” was set on blowing up Glen Canyon Dam on the Colorado River. (The main character in the novel hated the dam.)

Schultz maintains they planned to fill the truck with explosives already cached in the desert, then with some sophisticated fuses set off the makeshift bomb – ala Timothy McVeigh’s act of terrorism in Oklahoma City – below the breast of the massive plug that created Lake Powell, ironically named for explorer John Powell, who undoubtedly would see the dam as a horrible violation of a river he revered.

Although Schultz paints a warm and sympathetic portrait of Claxton, it seems almost an obligatory sidebar, as though the slain officer was but a bit player in a drama having universal significance – the age-old struggle between individual freedoms and the social contract that keeps us “civilized.”

To be sure, my perspective of this book is brightly colored by my first-hand experiences as a reporter for the Cortez papers at the time. I, along with some colleagues, wrote about the manhunt almost exclusively for months, churning out thousands of column inches and scores of photographs among us, doing dozens of interviews and taking many trips to wherever “new sightings” were reported. And there is also some difference of opinion concerning local law-enforcement agencies’ roles and effectiveness (although there is probably no dispute when it comes to the FBI being a pain in the ass).

Beyond that, the prose has a rather lifeless, detached quality that makes what was a grim and bloody reality seem like more like a contrived reality show committed to print.

But allowing for some perceived, at least, minor factual errors and a few unfortunate misspellings of names (Bruce Tolzer?!), a lot of work, time and attention went into cataloging these events, something that several people I could name have said for years would be a worthy project. For locals in particular, the book will be a fairly interesting read just for its recounting of events many of us followed firsthand.

And so it is ultimately up to other readers to be convinced whether Schultz has it right, whether the acts of three deranged killers were somehow tied to Western attitudes concerning deep-seated resentment of authority, and whether there is some larger lesson to be taken from what appears at first and even second blush to be a senseless act.

But for me, the insistence that it was all a grand scheme to blow up Glen Canyon Dam (inspired by a work of fiction), along with his affirmation that McVean ran around the backcountry for a couple of years, then returned to within a few miles of his starting point in Cross Canyon, curled himself up in a ball and perished in a hole in the creek bank, makes it all seem a little too implausible.

Published in June 2013

The Navajo Nation nixes access for uranium mining

The Navajo Nation has announced that it will deny access across its lands to a company that wants to mine uranium on state land near the Grand Canyon in Arizona, at least until the mining company meets the nation’s terms.

In January 2012 then-Interior Secretary Ken Salazar brought relief to the environmental activists and Native tribes surrounding the Grand Canyon National Park by announcing a 20-year federal ban on new mining leases in a million-acre withdrawal around the Grand Canyon.

The decision was based on concerns about potential adverse effects of additional uranium and other hard-rock mining on the watershed.

In the 2012 press release, Salazar also included concerns expressed by neighboring Native American tribes, stating, “Numerous American Indian tribes regard this magnificent icon as a sacred place and millions of people in the Colorado River Basin depend on the river for drinking water, irrigation, industrial and environmental use. We have been entrusted to care for and protect our precious environmental and cultural resources, and we have chosen a responsible path that makes sense for this and future generations.”

Authorized by the Federal Land Policy and Management Act, the Public Land Order to withdraw these acres for 20 years from new mining claims and sites under the 1872 Mining Law was still subject to valid existing rights.

As powerful a victory as it seemed at the time to environmental activists, the federal policy has no jurisdiction over mining claims on state land.

State land is fair game for hard-rock mining in Arizona. Recently, a site on state land just south of the Grand Canyon has become the focus of tribal concern over transportation of ore from a new mine in the checkerboard region of intermingled land ownerships known as Big Boquillas Ranch.

In November 2012, Wate Mining Company LLC, a company co-owned by Vane Minerals LLC and Uranium One Exploration, USA Inc, submitted an application to the Arizona State Land Department to obtain a mineral lease for mining uranium ore destined for the nuclear-power generator market.

Approval by the Arizona State Land Department will give authority to develop the project, contingent on environmental-compliance permits from the Arizona Department of Environmental Quality.

Approval of both filings may take as long as 14 months, putting the projected operations opening date close to next April.

In a telephone conversation, Bill Boyd, legislative policy administrator at the Arizona State Land Department, said the ADEQ process “is still under consideration.”

A number of hurdles

Permitting the state land site at the front end of the project is only one hurdle Wate’s owners face.

According to Boyd, it is up to the applicant to secure the rights across non-state land. The parcel of land Wate is applying to permit is surrounded by privately owned, Navajo fee-based land. Wate has not obtained the rights to cross Navajo land.

A joke circulating late last week on Facebook suggested that Wate Mining may have to consider catapulting the 500,000 pounds of uranium ore it proposes to mine each year from the site in Coconino County, Ariz., to the White Mesa Mill in Blanding Utah.

The 10-acre Wate Mine parcel is on Arizona State Trust land within the checkerboard ranch. It is surrounded by Navajo Nation fee-simple grazing land traded in a deal with then-Navajo Nation President Peter MacDonald in 1989. After the deal, “Bo-Gate” unraveled MacDonald’s presidency as revelations of fraudulent procurement in the Big Boquillas Ranch purchase came to light.

The remote and uninhabited Big Bo is also the site of an as-yet-unrealized 85-megawatt wind farm proposed by the Navajo Nation central government and Navajo Tribal Utility Authority in December 2009.

Although an update on the project in August 2011 stated that the Salt River Project had agreed to purchase 100 percent of the electricity from the proposed developer partnership of NTUA, the Navajo Nation government and Edison Mission Energy, no further progress has been announced during the past two years. (See Free Press, Feb. 2010.)

A lethal legacy

Uranium-mining for Cold War weapons on the Navajo Nation left a lethal legacy of nearly 1,100 unremediated and/or abandoned uranium mines since operations ended in the mid-1960s.

Even today, the reservation’s residents face health threats from continuing exposure to contamination in soil and water in the yellow uranium belt stretching from Cameron, Ariz., through Tuba City, and Kayenta, Dennehotso and north to Blanding, Utah, where the White Mesa Mill is in operation again.

As a protection for the Diné, their natural resources and the environment, the Navajo Nation Council passed the Diné Natural Resources Protection Act of 2005, which prohibits uranium-mining and processing on any sites within Navajo Indian Country.

As defined by the Navajo Nation Code, Navajo Indian Country includes all land within the exterior boundaries of the Navajo reservation or of the Eastern Navajo Agency, Navajo Indian allotments, dependent Indian communities, and all land held in trust for, owned in fee by, or leased by the United States to the Navajo Nation.

To bolster the protection the Navajo Nation Council passed another regulation last year. The Radioactive and Related Substances, Equipment, Vehicles, Persons and Materials Transportation Act of 2012 prohibits the transport across Navajo lands of any equipment, vehicles, persons or materials for the purposes of exploring for or mining, producing, processing or milling any uranium ore, yellowcake, radioactive waste or other radioactive products on or under the surface of or adjacent to Navajo lands.

The additional act gives the Navajo government the ability to regulate what travels across their land, and how and when it can be transported.

According to Eric Jantz, staff attorney at the non-profit New Mexico Law Center in Santa Fe, the act does not ban transportation of uranium over Navajo land, but does give the nation the right to regulate transportation of uranium materials, charge a fee, restrict routes and time of day for transport, or completely disallow it.

By the fundamental definition of “sovereign nation,” he explained, tribes have the right to exclude people from their land.

The two laws play a part in the uranium mining at the Section 8 Churchrock site, where Jantz, working with Eastern Navajo Diné Against Uranium Mining, successfully implemented the full jurisdictional force of the 2012 transport act.

The Navajo Nation threatened to take Hydro Resources, Inc., a subsidiary of Uranium Resources Inc., to court for trespass on Navajo Indian Country land.

Hydro Resources Inc. later signed an agreement with the Navajo Nation giving the mining company temporary minimum access across Navajo land to its Section 8 mine site while requiring that the company clean up the existing radioactive waste on its property before any new mining commences.

According to Jantz, “They cannot have access to run mining operations until the site is cleaned up, and in fact, it’s my understanding that the permission to mine there after the clean-up is not even part of the deal.”

A powerful barrier

Although Big Boquilllas Ranch is owned by the Navajo government and sandwiched between the Hualapai and Havasupai reservations, no people live on the ranch, and there is no seat of local government there. It is also not a chapter on the Navajo reservation.

Even though the ranch itself has a checkered past, its isolated location is proving to be a powerful barrier to business models that could exploit Native people.

At the Wate Mine in Big Bo, there is no access from any direction without permission from the Navajo government. Even access to Haulapai tribal land west of the Wate site is blocked by a section of Navajo land.

Grand Canyon National Park blocks transport on the north, the Havasupai on the northwest as well as Forest Service land east of the Big Bo Ranch.

Therefore, Wate Mining must negotiate for permission to cross Navajo land in order to move any raw uranium ore out of the state land parcel in any direction and transport it to the Blanding mill.

As reported by the Associated Press on May 26, officials from the Navajo Department of Justice have said they will deny access to the land for transport.

“Given the [Navajo] Nation’s history with uranium mining, it is the nation’s intent to deny access to the land for the purpose of prospecting for or mining of uranium,” officials from the Navajo Department of Justice wrote in response to the mineral-lease application.

The AP also quoted from an email by Navajo Deputy Attorney General Dana Bobroff: “We have no intention of allowing them to cross Navajo lands unless they have appropriate access rights.”

A drop in price

In the lease application, Wate Mining states that they will use 10 acre-feet of water annually from a well they will install, and will build an access road, mine infrastructure and rock-storage facilities. They project removing 70,000 tons of ore from a depth of 1600 feet and say they will do reclamation and replace all waste rock underground.

But the value of uranium is not growing as the market predicted it would back in the late 1980s and early 1990s.

A story published on May 23 at U308. biz reported that “uranium price publisher UxC … reported that the uranium market ‘can be characterized as rather quiet with a forward price curve that is about as flat as a pancake’.”

The drop in market value of uranium used in the nuclear-power industry is partly due to fear generated from the 2011 Fukushima accident. Additionally, on May 6, the Japanese government accepted another report of a potential earthquake that could be triggered at a fault under the Japanese Tsuruga No. 2 reactor on the west coast of the country.

“Uranium investing today is a risk,” said Jantz. “Only government-supported nuclear industries such as those in Russia, China and India can support uranium-mining. The demand is just not there.”

Wate Mining and Vane Minerals did not return repeated messages to their Tucson offices by email and phone.

The Navajo Department of Justice likewise could not be reached for comment.

Published in June 2013 Tagged ,

Have plans stalled for a resort at the Grand Canyon?

GRAND CANYON RIVER CONFLUENCE

The confluence of two rivers east of Grand Canyon National Park is the site for a proposed tourist resort that has sparked considerable dispute. Photo courtesy of the National Park Service

Mum’s been the word on a controversial proposal to build a huge tourist destination in the Navajo Nation’s part of the Grand Canyon, near the confluence of the Colorado and Little Colorado rivers. But indications are the idea is still on the table.

Confluence Partners, LLC, the development group that includes Arizona State Sen. and former Navajo Nation President Albert Hale, has gone silent in recent months, a sharp contrast with a months-long advertisement campaign last year.

And plans have not been submitted for review by any of the Navajo Nation agencies that would be tasked with approving them. The project hasn’t been discussed at all with tribal government officials since December. But ambition hasn’t waned, according to Erny Zah, spokesman for Navajo Nation President Ben Shelly.

“The partner group has been making progress, and they’ve been indicating that to us,” Zah said. “Right now it’s low-key, and it seems to be out of the public eye. They said within the coming months they’ll be more public in the progress that they’re making.”

And that will be a good thing, as far as Zah is concerned: “We would like to hear what they are doing and how they are integrating the community issues and desires into their overall plan.”

Grand Canyon Escalade, as it’s been named, would span 420 acres near the confluence, just east of Grand Canyon National Park. Its centerpiece would be the “Escalade” Gondola Tramway, carrying tourists from the Grand Canyon’s South Rim to the canyon floor. Once there, visitors could walk along a 1,400-foot elevated riverwalk to the confluence, eat at a restaurant, or visit an amphitheater and terraced grass seating area overlooking the Colorado River. The development would also include a Navajo cultural center, retail stores and art galleries.

According to promotional materials, the project is expected to create about 2,000 jobs, most of them for Navajo tribal members. It would cost $120 million in the first phase, with the Navajo Nation providing all off-site infrastructure and Escalade, a company managed by Confluence Partners, paying for all on-site development. On completion, Escalade is projected to generate $50 million to $95 million annually for the tribe.

Conceptual plans for the development were released last spring and elicited praise from Shelly, who said it’s about time the Navajo Nation sees some revenue from the Grand Canyon, alongside the National Park Service.

Shelly signed a memorandum of understanding in February of last year that paved the way for collaboration between the Navajo Nation and Confluence Partners, formerly called the Fulcrum Group. At that point the advertising campaign, including the web site and prominent ads in local newspapers, was forging ahead without any formal approvals by the Navajo Nation as a whole and no formal consultations with neighbors – among them Grand Canyon National Park and the Hopi Tribe.

“Pedestrian friendly arcades will allow visitors to access Artisan Studios and Galleries along the Canyon rim,” says a web site for the project, at grandcanyonescalade.com, “which will offer not only shopping but the ability to interact with Native American artists and artisans, dine at restaurants with unparalleled views, learn about the Navajo and Native Americans by touring the Cultural Center, and spend the night at a Canyon-side lodge.”

But alongside the media blitz, Navajo traditionalists and the neighboring Hopi Tribe raised their own campaigns.

Almost immediately, a group called Save the Confluence formed from a “coalition of landholders and grazing permit owners on the western Navajo Nation” who are opposed to the development proposal, according to their website, savetheconfluence.com.

Early on, Hopi Cultural Preservation Officer Leigh Kuwanwisiwma also had strong words against Escalade: “The tramway goes right into the heart of the Hopi Nation. It can’t happen. That’s all I can say to the Navajo Nation: you can’t do it.”

And months after the plans were unveiled, the Hopi tribal government issued a firm resolution against the concept.

“One of the major sacred places of Hopi Tribal origins and religious beliefs is the Grand Canyon, known to the Hopi as Öngtuvqa, including the area of the confluence. It is believed to be a place where many Hopi ancestors lived and their spirits still dwell there including many cultural resources that support its revered status for Hopi people,” the Feb. 22 statement reads. “Hopi religious leaders and the Hopi people in general strongly oppose this proposed development.”

The Hopi Tribal Council passed Resolution H-113-2012 by unanimous vote to formally oppose the proposed Grand Canyon Escalade project by Confluence Partners, LLC, the statement continues.

Plenty of non-native Grand Canyon enthusiasts have also been up in arms about the proposal. Grand Canyon River Guides, a Flagstaff, Ariz.-based association of guides on the Colorado, came out strongly against it.

“The damage done to this marginal wilderness area will be beyond repair, and corporations, rather than Navajo, will be the beneficiaries,” complained one GCRG member, Geoff Carpenter, in a May 30, 2012, letter to the editor in the Navajo Times. “I’m just a bit puzzled that the proposal has the credibility it does, and that it is even being considered.”

Things looked up for the development last fall, when residents of the Navajo Nation’s Bodaway/Gap Chapter, closest to the site, seemed to have had a change of heart.

Fifty-nine people supported a pro-Escalade resolution, and 52 people were against it, at an Oct. 3 meeting at the Bodaway/Gap Chapter House, along U.S. Highway 89 between Flagstaff and Tuba City and near the confluence. The meeting had been rescheduled from the previous week due to a shouting match between those for and against the plan. The new resolution rescinded two prior resolutions in which members of the chapter had opposed the development, and authorized up to 420 acres on which it could occur.

Further, according to the resolution, “The Bodaway/Gap Chapter directs and requests that all governmental entities, including the Bureau of Indian Affairs, county, state and local governments and agencies, assist in carrying out the intent and purpose of this resolution and in the designation of land for utilities, roads and all communications right of way.”

Confluence partners Lamar Whitmer and Hale have declined to answer emails or phone calls in recent weeks. But Hale said earlier that the Oct. 3 chapter resolution il lustrates the support of people living near the confluence. He also said that petitions his partnership circulated last year garnered thousands of signatures in favor of the proposal, a few hundred of them from among the chapter’s 900 registered voters and the rest from neighboring communities.

“We have all those positions that have been taken that are favorable, so we’re moving in accordance with the MOU [Memorandum of Understanding] that was signed a year ago with the Navajo Nation,” Hale said. “It outlines certain things they’re to do, and certain things we’re supposed to do, such as education. We did all of that, and gained that support from the local community.”

But Sarana Riggs, a Navajo and founding member of the anti-Escalade grassroots group called Nxt IndigenousGeneration, attended the Bodaway/Gap Chapter meetings, and she said the claim of support is dubious.

“This project has divided the room straight down the center,” she said. “You see it at the chapter meetings. You walk in through the east door. You do literally have a north and a south side. Primarily, the ones that are for this development are all the south side of the building. The ones that are against it or don’t know, they’re on the opposite side.” Riggs said community meetings were marked by “people yelling at each other, trying to hush each other up. You actually start to feel that panicky feeling like something might happen.”

Delores Wilson is a tribal member and participant in the Save the Confluence group. She said most of the support came from reaches of the Bodaway/Gap Chapter far from where the development would occur.

“I grew up at the confluence,” she said. “I think if you speak to anyone that has grown up in the area, we are attached to the land. Our umbilical cords are still buried there. The area is a sacred site.”

As of their last public statement, the Navajo Nation Council also was unconvinced of the chapter’s support.

“One thing that worries me is that [the groups are] beginning to approach this committee separately,” said Council Delegate Leonard Tsosie, according to a legislative press release issued after a Sept. 20 presentation by the developers to the Resource and Development Committee.

According to the statement, the division within the community of Bodaway/Gap was unsettling and worrisome for Tsosie, who stated that the negligence of the teaching of k’é was not “the Navajo way.” The concept of k’é means peace and harmony. At the time, council delegates urged the groups to work together, as well as with the Navajo Medicine Men’s Association, to mediate and address the concerns of both parties.

Delegate Duane Tsinigine, contacted for this story, said he’s heard no word about the development since last fall. Neither have the grassroots groups poised to fight it.

“We have not heard anything new,” said Wilson of Save the Confluence, “but we continue to be mindful of the proposed development. We are also still having our meetings.”

Although the reports of last year’s strife have reached the executive branch, Shelly remains undaunted in his support of the proposal.

“According to the partners, the local chapter did pass a resolution supporting the project,” Zah said. “I understand that there are people who don’t want the project, but the president will support whatever the voters want. He does support jobs, and economic development on the Navajo Nation.” Zah added that such development should aim to be compatible with cultural concerns.

According to initial timelines, Escalade – if it’s still on track – could be completed by the spring of 2015.

Published in June 2013

Cycling’s impact on the area’s economy

12 HOURS OF MESA VERDE RIDER

One of the competitors in the recent endurance mountain-bike race near Cortez on May 11. Photo by Reid Wright

As the sun rises over the barn, a new breed of animal amasses into a herd. The creatures’ ghostly silhouettes jump, shift and shuffle to keep warm. Without warning, a cannon boom sends the herd into a kinetic stampede of dust and color.

With Lycra hides, plastic skulls and polymer hooves, mountain-bikers are invading Montezuma County trails in droves. And according to a recent study, they could be worth a fortune to the local economy.

More than 900 riders participated in this year’s 12 Hours of Mesa Verde endurance mountain-bike race on May 11, many bringing with them family, friends, fans or support staff – turning the Montezuma County Fairgrounds into a tent city for the weekend.

The event is said to bring $10,000 in revenue to local bike shops, and race organizers say they have been able to donate over $100,000 of race proceeds to area youth programs between 2007 and 2012.

But it’s not just racers bringing in money. A recent study conducted by Fort Lewis College students found that most non-pro riders visiting Montezuma County during the spring are from out of town, riding with friends, visiting multiple times a year, and could be spending an average of $62.17 per person, per trip.

“When you take into account that 89 percent of people coming to mountain-bike will bring a friend, it increases the amount of money spent by $62.17 for every person that comes along,” the study states. “You can also take into account that 68 percent of those groups will end up riding the trails more than six times per year, further increasing the money spent in the area. It makes sense that mountain biking can bring in $25 million to a small town like Fruita, CO each year.”

Early into this year’s 12 Hours of Mesa Verde race, a cattle drive meandered down U.S. 160 near the race site. While a cowboy on horseback chatted with a bike rider, cows crossed the bridge, wary of the bikers whirring through the drainage tunnel underneath. In a way, the cattle are an homage to the origins of mountain biking in the area – as many of the first bike trails were built by stringing together a series of cow trails.

12 HOURS OF MESA VERDE START

Cyclists at the Montezuma County Fairgrounds prepare for one of the events at the 12 Hours of Mesa Verde bike race on May 11. Photo by Reid Wright

Jimbo Fairley said he came out West in 1994 to found the Kokopelli Bike and Board bike shop. Originally, the business was located at 30 W. Main in Cortez, and had about 3,000 square feet of space. At the time, the shop was operated only by Fairley and his business partner, Morgan Bell.

“It’s hard to put a number on it,” Fairley said. “But there were people biking in 1994 for sure. Durango had its cycling community. But Cortez hadn’t really blossomed yet. The trails weren’t really established.”

Today, the shop has moved to a new location with nearly 10,000 square feet of floor space and employs 14 to 16 staff, according to owners.

“It’s definitely grown ten-fold,” Fairley said. “I would attribute that mostly to the development of the trails – Phil’s World, the Boggy Draw trail system. With over 500 miles of trails in the area, it’s lending itself to be a mountain-biking community.”

The economic impact study was conducted by Fort Lewis College School of Business Administration students Taylor Sennett, Grant Duke and Lucas Perlstein on behalf of

Dolores Town Manager Ryan Mahoney, who was seeking the information to gain support for the building of a non-motorized trail connecting the town to the Boggy Draw area and House Creek on McPhee Reservoir.

12 HOURS OF MESA VERDE BIKE RACE

Cars crowd the Montezuma County Fairgrounds during last month’s 12 Hours of Mesa Verde bike race. The event is said to bring $10,000 to local bike shops and has resulted in more than $100,000 being donated to area youth programs from 2007 to 2012. Photo by Reid Wright

“I think a non-motorized trail getting people to the forest will create a positive impact for the town,” Mahoney said. “I think what it mainly did was assign some numbers to what our suspicions were, that cycling is going to attract people from out of the area and they are going to spend money here.”

The study included a survey of 209 cyclists at the Phil’s World and Sand Canyon trailheads conducted during spring 2013.

The students found that area mountain-bikers are an older, more educated, and wealthier demographic than expected. Of people surveyed, most (41 percent) were between the ages of 35 and 50. Fiftytwo percent said they have an undergraduate degree, 18 percent have a master’s degree and 7 percent have a doctoral degree. Perhaps as a result, nearly 70 percent of riders surveyed earn $40,000 to $85,000 per year. A majority – 60 percent – were male, while 36 percent were female.

Bike shops are not the only businesses feeling the impact of mountain-biking. Bikers coming from out of town can spend money at other businesses, such as hotels, restaurants and gas stations.

A majority of the 23 Montezuma County businesses surveyed for the study reported increased revenue from mountain-biking. Local hotels reported the average visitor staying one or two nights, with mountain biking as one of the main reasons for staying. Of restaurants and other establishments surveyed, 11 reported a positive impact from cycling, while three reported no impact.

But not everyone is happy with the blossoming bicycle economy. One unnamed business owner cited in the study said the entrance to her business was obstructed during a bicycle race, forcing her to close down during the event.

The study found that 57 percent of bikers surveyed cited mountain-biking as their primary reason for visiting the area, while 32 percent said they live here. And bikers are likely to visit more than once – with 76 percent saying they ride the trail system more than six times a year.

“A staggering 74 percent of people say they have heard about the trail systems from word of mouth,” the study states, adding only 3.83 percent of riders surveyed found out about the trails through the internet and only 1.44 percent found out about the area through a printed publication.

While only 53 percent of Montezuma County bikers ride in groups, 89 percent of visitors from out of the area will bring friends to ride with.

“This shows that if people are driving a distance to mountain bike, they would rather have a friend with them,” the study’s authors write. “Mountain biking is a social sport, people want to have someone to talk to about the ride.”

Groups tend to spend more money than individuals, the study states. Further, 90 percent of visitors from outside the area will spend some money locally.

When calculating the average value of a visiting mountain-biker, the students came up with two figures – $36.14 as an average for visitors who spent $1 to $150, and $62.17 as an average of all riders surveyed, including those who spend more than $150.

“I think the $62.17 figure is more accurate,” Sennett said. “I think that one’s a better understanding, just because it includes everyone.”

However, Perlstein warns the data may have been skewed by respondents who may be spending money in the area, but outside the county.

Regardless, both authors agree that mountain- bikers from out of town are bringing money to the local economy. Eight respondents said they moved to La Plata or Montezuma County for the biking or outdoor activities.

Sennett said he was impressed by the willingness of people to participate in the study.

The student authors admit there are weaknesses in the study, such as limiting the survey to only two trail systems during the off season, and a lack of a trial-run survey. Due to a lack of available time, the authors were not able to provide an estimated total annual economic impact, Sennett said.

Fairley attributes the economic growth to the building and development of area trails, which is largely done by volunteers.

“It’s just great to see that this has continued to grow into such a big event (the 12 Hours of Mesa Verde) and such a great cycling community,” he said. “We’re lucky enough to have great trails and we’re continuing to expand those trails.”

Published in June 2013

Hot home cooking

In the last month or so, several, no many, people have asked me about this list that was published years ago; some want to remind themselves, some want to remind their husbands and some haven’t seen it but have heard that yes, there are rules, and they want to see what they are. Just yesterday I heard, “You mean there are other women who don’t like the B&G in the kitchen????” Some things are universal and timeless.

So, recently, I was out with some friends and the conversation turned (as it almost always does) to the topic of relationships and sex. (Yes boys, we talk about it too). One of my girlfriends blurted out, “Doesn’t he understand that there is a direct correlation between my sex drive and a clean kitchen?” Then, she elaborated, “I mean, when I get home and the dishes are done…now THAT’S hot!”

This declaration was followed by nodding heads, several “Oh yeah’s” and even a “Right on, sister.” It was made clear that evening that what women find to be turnons are not necessarily what men think. I began to ponder long and hard about this – how can we possibly bridge the gap so that we all get more of what we desire? I asked around and not surprisingly, many women want the same thing (or same few things). Also, women’s needs in that department are generally pretty basic and easy to meet – you just have to know what they are.

Therefore, I am offering a little list of basic turn-ons and turn-offs. All of the following information comes directly from the source(s). I have not made any of this up nor exaggerated it in any way.

Feel free to hang this on your fridge for quick reference.

Okay, first, the TURN-ON list: DO:

• Wash the dishes. You will score even better if they are done in a timely manner. Waiting three days to do them sort of defeats the purpose.

• Spend time playing on the floor with the kids. Women love to see their men being sweet and playful. We also love for someone else to be “on” with the children.

• Run the vacuum once in a while. This is a good one, but make sure you do it well, i.e., get underneath the couch and the dining-room table. Surface cleaning doesn’t count.

• BIG turn-on… Clean the toilet. Actually, none of my friends can even summon up that image. Maybe that’s hoping for too much.

• Make coffee in bed for your wife.

• Watch a good chick flick or period piece with her once in a while. This will show that you do have a sensitive side. You can also learn a lot about making your moves a bit more sensually and a bit less neanderthall-ish. Make special note of the gentle-lifting-of-the-hair and soft-caress-of-the-neck move.

• Spend some time at home during waking hours. “Some time” meaning more than 15 minutes before collapsing into bed and wanting “some.” You can almost be guaranteed a score if you come home early one day claiming, “I got off work early and just wanted to be with you.”

• If you are a father… Offer for her to take some time to do whatever she wants. Don’t judge if her choice is different from what you would choose to do. Getting her hair done, (nothing like having someone else wash your hair for you), going to a movie with her friends, sleeping – these are all necessary for a mother. Key phrase here, “Go do something fun – YOU DESERVE IT.” Please remember, going to the City Market or Wal-Mart is not a break.

• Do the laundry, start to finish; sort, wash, fold, put away. Do not wash anything of hers; ruining a favorite sweater does negate the points scored by doing the laundry.

• Make the bed. Again, this one needs to be done well – a half-assed job gets you into the negatives.

• Shower occasionally.

Now, for the TURN-OFF list: Some of you may be really surprised to find that these things are not turn-ons: DON”T:

• Fart. Manly Man ones are not romantic in any way, shape, or form.

• Never use the word “baby-sit” when it refers to your own children. They are yours too.

• When you crawl into bed at night with the vision of snuggling up, don’t kick off your underwear so that they land anywhere near her head.

• Don’t ever do only your own laundry. Show that you are aware that there are sheets, towels, dishrags and kids’ clothes to contend with too.

• Never, ever make promises that you have no intention of keeping. If you say that you are going to go for a bike ride with her…GO. And don’t bring your friends along.

• Don’t EVER use the phrase “lighten up” – it’s a killer. It may even get you some couch time.

• Big turn-off: picking the wax from your ears or the dead skin from your feet as you proposition your gal. So not sexy. Okay, now for the big one…

• The bump and grind in the kitchen is not, I repeat, IS NOT, a turn-on. (If you think that she looks really hot stirring the soup, try the above mentioned hair-lift routine). Men might find aprons sexy; women generally find them to be part of a work uniform. The real deal breaker is the B&G while she is doing the dishes.

• One last thing; don’t offer to hump her leg.

Now, I will say that the above information does not apply to all women, or all men for that matter. Some of you may disagree with me. But all of the women I surveyed generally felt the same way. I am also not trying to put men down – I happen to like men very much. Mostly, I am just trying to give some of you boyfriends and husbands (especially those whose girlfriends and wives I have spoken with) a few insider-trading tips.

I would also love to hear from the aforementioned boyfriends and husbands about what works for you. Keep it clean and I just might pass on the information next Girls’ Night Out.

Suzanne Strazza is an essayist and humorist in Mancos, Colo. She has a blog, Single in the Southwest, at suzannestrazza.wordpress.com


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Published in Suzanne Strazza

Liberty and the Second Amendment

Less hate and greed
Is what we need
And more of service true;
More men to love
The flag above
And keep it first in view.
Less boast and brag
About the flag,
More faith in what it means;
More heads erect,
More self-respect,
Less talk of war machines.
The time to fight
To keep it bright
Is not along the way,
Nor ‘cross the foam,
But here at home
Within ourselves–to-day.
— Edgar Guest

You don’t get, or give, liberty with the muzzle of a rifle. Think about Iraq. Our military action there was supposed to liberate it, bringing us the gratitude of the citizens, who would meet us with flowers. Instead, it took the lives of 4,000 of our young, plus thousands of Iraqis, to capture and hang Rummy’s tea-drinking buddy, and the Iraqis are still killing one another now that we have pulled out. All our military firepower couldn’t force liberty on them.

But so what? It’s still “might makes right” in the eyes of a much-misinformed group out there that claims they need guns because they are afraid of their government – yet they vote in the same representatives and senators year after year. They wave the stars, sing the national anthem and state they are patriots, but balk at paying taxes to support their country.

Am I afraid of my government? No, but I am afraid that my country is moving away from democracy and morphing into a government by oligarchy. We no longer have statesmen, just demagogic welfare recipients – i.e., well-paid legislators and other career politicians – afraid of losing their tax-unded positions.

Speaking of losing our liberties, where were the alleged champions of our Constitution when Occupy groups were protesting the Supreme Court’s Citizens United ruling, a bizarre misinterpretation of law that gave corporations equal standing with actual fleshand- blood citizens? (Have you ever seen a corporation bleed or die defending our liberty?)

That’s when those posturing nitwits should have vehemently protested to protect our voting rights – the fundamental element of any democracy. Are we daft to allow that travesty with just the smallest whimper? History tells us that first it’s money, then guns, that control the outcome of elections.

“If I lose my guns I lose my liberties” is their cry, but we have already lost many other liberties. Large cities have cameras mounted everywhere. Yes, it’s great for law enforcement, but at what price to individual privacy? Soon there will be drones everywhere, spying on us in our backyards and even inside our homes. Our supermarkets and insurance companies know more about us than we know about ourselves, tracking our buying habits, food preferences, vacation places, reading preferences, how fast we drive, and so on, all through computer chips. People are required to pee into little cups for drug testing just to apply for jobs, most of which don’t involve potential threats to public safety.

Yet we keep thumping the Second Amendment that will supposedly keep our elected officials from stealing our democracy (here’s a clue: they have means of taking us over that are far subtler than outright warfare) and as stated before, we continue to vote them in, when they use monies from who knows where to obliterate our small donations they so unashamedly request.

No, no, they say, it’s the party’s money. Who do you suppose supports the party? Our paltry contributions, or the oligarchy from overseas and billionaires from Las Vegas who make fortunes on the backs of those that can least afford it?

I see no reason for any senator to vote down universal background checks at gun shows except to pander to a few powerful interests. Oh, my goodness, it may take days for it to be processed. I have to stand in line.

We wait for our driver’s license after standing in line. We stand in line for our groceries, for warm beer and cold hot dogs after standing in line at sporting events.

I believe it was sportsmen that requested a plug be put in shotgun magazines to limit the number of shells when bird-hunting. I believe it was sportsmen that requested the removal of lead shot because of the effect it was having on wildlife, fish and the environment. (Packing heat didn’t save the lives of the prosecutor and his wife in Texas who were gunned down in their home by a nutty justice of the peace.) It would have been chaos at the movie theater in Aurora, Colo., if the packers and the police who arrived within minutes started shooting at one another. Who would we have shot at in Boston? It seems the cameras did a better job of ending the terrorists’ rampage.

I used to be an NRA member back when the NRA supported common sense, gun safety and reasonable measures to protect human lives. Now their only answer to mass shootings and wholesale slaughter of innocents is, “Go after the mentally ill!” Pointing fingers at people whom we may suspect of being mentally incompetent is not going to solve the enormous problem of gun violence, because the vast majority of it is not done by the mentally ill. (Or at least not those yet diagnosed.)

And it brings back the specter of the Salem witch hunts. So Wayne LaPeeAir, not being a doctor or psychiatrist, should refrain from pointing fingers. If a learned physician could not get her patient committed who then is to take responsibility? People like him, a judge, a jury or a panel?

With any right comes responsibility. I don’t care to give up my guns but I think some accountability is in order.

Seat belts and car safety seats don’t save all lives, but they save some. Reasonable guns laws could do the same.

Galen Larson is a Korean War veteran who lives in Montezuma County, Colo.


 

Published in Galen Larson

Working to improve access to the monument

Although visitors can easily find striking sandstone formations punctuated with Ancestral Puebloan sites when they visit Sand Canyon south of Cortez, finding adequate parking is often another matter.

During the spring and fall, vehicles crowd onto an uneven slickrock area at the trailhead just off the McElmo Canyon Road, often spilling into the right of way. Hikers, cyclists, dogs, and horses mill about as they prepare to set forth on the scenic trail system.

So improving parking at the trailhead is a top priority for the Montezuma County commissioners because of safety concerns.

“You have horse trailers parked on the road unloading on the asphalt,” said James Dietrich, the county’s federal-lands coordinator. “Sooner or later somebody’s going to get killed down there.”

Montezuma County and BLM officials are investigating the possibility of applying for grant funds to improve access to Canyons of the Ancients National Monument both at the Sand Canyon trailhead and perhaps on Road 10, the Hovenweep Road.

Dietrich said he is working on a proposal for monies from the Federal Lands Access Program, which is related to the federal ISTEA program. The amount of the request has not yet been determined.

“We have potentially a source of revenue to team up with the BLM for a solution to parking at Sand Canyon,” he said.

Monument Manager Marietta Eaton agreed. “Some folks were encouraging the commissioners to see if they would be interested in doing anything with us in McElmo and on Road 10, because those are the main paved access points to the monument,” she said.

“We have a lot of issues at Sand Canyon. When the current informal parking lot gets full, people just park wherever, and that’s not the kind of situation we want to see on that county road.”

In peak seasons – spring and fall – an average of 35 cars are crowded at the trailhead, according to monument officials.

Prior to Eaton’s appointment as manager in April 2011, the monument purchased the historic sandstone Lamb house just east of the trailhead. Officials have talked about using the house as a contact site and interpretation center for the monument, among other possibilities. The idea of using the rest of that private property for parking has also been broached; however, it wouldn’t provide a great deal of space, and there are Ancestral Puebloan sites there, complicating the situation.

“You could put down a textile and cover everything up so people don’t disturb it,” Dietrich said, “or you could find money to excavate the sites and utilize what we find as part of the interpretation for the monument.

“Part of the reason we’re going after this grant is the planning aspect, to study the situation.”

On April 15, BLM officials took the county commissioners on a field trip to Sand Canyon and Road 10 to view some of the areas of concern.

On Road 10, access to surrounding monument and other BLM lands has become more difficult since the county chip-sealed the narrow road years ago. The project raised the road well above the adjacent land and there are no shoulders, so it’s nearly impossible to pull off the road and park.

Dietrich said the county is negotiating with the BLM over delineated parking areas and designated dispersed camping off Road 10. Eaton said some minor routes off Road 10 have been closed, sometimes a short distance from Road 10 rather than right at it, in order to provide a place for vehicles to pull off the main road.

She said the field trip was partly to show the commissioners the route closures and the way they were done. “Our methodology [of closing a route] is more like landscaping, so if they ever want to do an assertion under RS 2477 [a statute establishing rights of way on historic routes], we are not doing anything that would preclude them from reopening any of those routes.”

Another concern is the turnoff from Road 10 to Pedro Point, a remote site, because it’s on a hill and there is insufficient line of sight.

“It’s a really dangerous access point if somebody were coming from the north,” Eaton said. “I wanted to see if there were opportunities to reroute it. We will likely eventually close that [turnoff] and put in some trailheads and have places for people with horses to turn their trailers around – make it safer and give space for people to get safely off that narrow county road.

“We’re looking for those safe opportunities for access. We want to make sure people know about them, so we’ll need good signage. It might be that, rather than pull off on a shoulder, you could turn on a road and have a pull-off in a little bit.

“We need to be able to have places where people can get into the monument off the pavement. We know there’s a fair number of hunters that use the area.”

Since the monument’s creation in 2000, managers of the sprawling, 164,000-acre area have struggled to balance the need for public access with the desire to protect the numerous ancient sites and artifacts that prompted the monument’s designation in the first place. Visitors are encouraged to stop at the Anasazi Heritage Center near Dolores to learn about the monument before setting forth to explore it. Developed trails and sites are very few.

The idea of creating highly visible parking areas for access onto the monument, particularly at Sand Canyon, raises the question of whether those sites will attract even more visitors, prompting the need for even bigger parking areas.

Dietrich said that is one concern of the county commissioners.

“That’s been the argument against this monument from the beginning,” he said. “’If you build it, they will come.’ And it’s come true.

“But since it has been designated a monument, the commissioners’ position is the BLM is going to have to provide some parking for the areas that are getting heavy use, especially since the BLM’s policy seems to be to send people only to certain areas.”

Dietrich said there is no guarantee the county will receive any FLAP grant funds, since the grants are competitive, but the commissioners would very much like to see a parking area established at Sand Canyon this year.

Eaton agreed that she would like to see something done soon. “We’re keeping our fingers crossed,” she said.

Published in May 2013

Sacred art for sale: The impact of a Paris auction

The scheduled sale of 70 ceremonial Native American masks became the focus of world attention last month as the Hopi Tribe in the southwestern United States tried to delay the auction of masks they believed might have been illegally obtained by a French citizen who visited the Hopi Reservation in the 1930s-40s.

In April, Gilles Néret-Minet, an art and antiquities auction house in Paris, France, provoked an international dispute over sacred cultural artifacts and the ethical standards and ownership rights of museums and private collectors

secular hopi art

This work by artist David Dawangyumptewa is an example of secular Hopi art. The sacred masks that were the subject of controversy are not supposed to be shown.

Although most of the masks were Hopi, some were attributed to the Acoma, Jemez, Zuni and Navajo tribes. One of the points argued by Servan-Schreiber, legal counsel representing the Hopi Tribe through the backing of Survival International, a global nonprofit that advocates on behalf of indigenous tribes, was that according to an “old prohibition in French law,” it is illegal to sell “non-commercial” items whose sale is considered “immoral.”

Under traditional Hopi beliefs, the masks, dating back to the late 19th century, embody spiritual beings – they are alive. Servan- Schreiber argued the sale would be a sacrilege, and that the French law prevents sale of “emotionally charged” objects that have been in a family so long they have become communal, multi-generational property.

According to the Hopi Tutuveni newspaper, Leigh Kuwanwisiwma, director of the Hopi Tribe’s Cultural Preservation Division, said that because they were also “sacred objects belong[ing] to the entire Hopi Tribe, they have cultural patrimony, meaning there is a tribal and cultural right. They have never belonged to a single person. Because these objects do not belong to a single person, they have no monetary value and cannot be sold. The mere fact that a price tag has been placed upon such culturally significant and religious items is beyond offensive. They do not have a market value.”

Servan-Schreiber sought to delay the sale until it could be determined whether the masks were stolen from the Hopi people in Arizona, or if the possession of the objects violated American and international law.

But lawyers for the auction house countered that the Hopi claim to exclusive cultural patrimony has no legal basis in French law. They said a decision to block the sale would have broad repercussions in art markets while possibly forcing French museums to repatriate their collections of indigenous works.

French and American diplomats met prior to the courtroom battle. Charles Rivkin, American ambassador to France, released a statement after the meetings saying he was very concerned about the sale and questioned whether it was precluded by the 1970 United Nations Scientific and Cultural Organization convention on cultural property, to which both France and the United States are parties.

Despite the pleas for delay and investigation, and growing public protests inside and outside the courtroom and auction house, the court ultimately allowed the auction to proceed.

The judge ruled that despite their sacred status among the Hopis, the works could not be equated to dead or alive beings. In an indirect reference to the U.S. 1978 American Indian Religious Freedom Act, the court added that “no provision banning the sale outside the United States of objects used in religious ceremonies, or susceptible to be, is applicable in France.”

Two hours following the ruling, the sale was held and in the end brought $1.2 million to the coffers of the private seller while dispersing the masks into private hands throughout the world.

Servan-Schreiber said on CBS news after the decision, “The court decided to let the sale proceed because those masks, as sacred as they may be to the Hopis, are not bodies, human bodies, or body parts, alive or dead, and, of course the courts say that that is the only thing that could have been protected, with which I disagree.”

Shades of the past

The Four Corners region is replete with the artifacts and remnants of ancient civilizations, many of which are certainly not in the hands of the Native peoples who have the closest ties to them.

In an interview with the Free Press, Marietta Eaton, director of the Anasazi Heritage Center and manager of Canyons of the Ancients National Monument, said that the sale in Paris “harkens back to the history of this region when the Wetherills went with Nordenskjold and together did all that collecting.”

In 1888 Southwest Colorado ranchers Richard Wetherill and Charles Mason discovered Cliff Palace, located in Mesa Verde. Swedish explorer Gustav Nordenskjold joined with Wetherill in 1891, exploring and excavating Cliff Palace and other ruins, digs that produced a large stockpile of cultural objects he then took back to Stockholm, Sweden.

Nordenskjold’s expedition and the loss of an extensive and valuable collection generated both admiration and deep resentment among American archaeologists and provided strong arguments in Congress for protective legislation. The debate resulted in the 1906 Antiquities Act, which was signed into law by President Theodore Roosevelt.

According to Eaton, the discourse brought to light just how much the general public was developing an interest in the artifacts. “Suddenly people wanted to see them,” she said. People were moving from antiquarianism [the fervor for collecting antiquity] that grew out of the Egyptian discoveries, to valuing the items found in the Southwest.

“Of course those were Anglo values then, and now we’ve come around to realizing that these items are still important to contemporary Native Americans today and, clearly, that the laws and regulations are not the same in France as they are here.”

One such law is the Native American Graves Protection and Repatriation Act, referred to as NAGPRA. Its regulations apply to all United States museums and federal agencies.

The act provides a process through which Indian tribes may claim culturally affiliated human remains, funerary objects, sacred objects and objects of cultural patrimony – the language that was the key element of the Hopis’ complaint in Paris.

Cultural patrimony applies to objects having ongoing historical, traditional or cultural importance central to the Native American group or culture itself, rather than property owned by an individual Native American. Such objects cannot be alienated, appropriated, or conveyed by any individual.

The process for enforcing NAGPRA is standardized throughout museum associations and tribes in the U.S.

“If we suspect an object could be considered sacred by a tribe, a consultation on its designation is required of the tribe,” said Eaton. “We do not decide what is sacred. A tribe does that. What I do as an employee of the federal government is lined out in regulations and policy, providing processes for what we’re responsible for.”

‘Natural laws’

The Navajo Nation Cultural Preservation Department does not even accept contributions of other tribes’ sacred objects. “We only consult on what is Navajo. We refuse all but our own and then suggest the contributor take it to the appropriate tribe,” said cultural specialist Timothy Begay.

For their own edification the cultural-preservation department studied the Hopi masks. “We saw there was one replica of a Navajo mask,” Begay said. “We looked carefully at it, determining that it was a replica of a Yé’ii bi Cheii mask. In the on-line catalogue you could tell right away it was something somebody made to sell. It wasn’t an original.”

Watching over what is out there is part of what the department does. It’s a big job, especially in popular tourist country like the American Southwest.

“We can’t tell the people what to buy and not to buy,” Begay said. “But the vendors at local flea markets most likely sell art work and aren’t going to sell sacred objects. They know that it’s against the law. The Zuni said it best when they said, ‘buyer beware.’”

Manuelito Wheeler, director of the Navajo Nation Museum, in Window Rock, Ariz., agrees. “Any buyer needs to self-educate. Your best protection is your own knowledge, and your willingness to learn a little bit about what may be considered sacred. It’s best to ask the question directly of the vendor: ‘Is this object sacred?’”

He added that there is no easy answer to what is sacred and what is secular. “If I travel to Europe I will not know what is sacred or not. I may not know what I am getting into without learning for myself.”

But not all buyers are uneducated tourists. Many know exactly what they are looking for and the extreme poverty that exists on the reservations renders some Native people vulnerable to offers of hundreds or thousands of dollars for a replica.

According to Begay, “Some people [collectors] know what they want and it isn’t found in the flea markets they go directly to a medicine man. If someone agrees to make a replica, then there are consequences, repercussions. The family will suffer, and the person.”

Asked if he was referring to legal repercussions, he explained that in the Navajo belief system, “We were put on the earth with what we call natural laws that outline the dos and don’ts and how to live on the earth. Navajo people still follow the Way of Life, and most of the time we go back to the natural laws, which is what I am referring to with repercussions.”

World War II

The intense scrutiny of the Paris auction will bring change to international laws and regulations, he added. “When Hitler stole the art works and other cultural items and antiquities from all the European countries in World War II, the U.S. Roberts Commission, convened by President Roosevelt, had the money to go into the front lines at the close of the war, locate the stolen goods and repatriate the work back to the original owners, or the country of origin, and that included work that went back to France.

“Why was there no money to do this on behalf of the Hopi people at this time? No one even thinks about how the Hopis feel about this or about how we Navajo people feel about the replica Yé’ii bi Cheii mask. It is similar.”

Expanding protection to include better support of tribal cultural issues through international law could increase the vigilance on museums, collectors and sales worldwide.

The UNESCO convention applies to states/governments recognized by the United Nations. The United States and France are recognized states in the U.N., and therefore all Native American tribes under protection of the United States, by extension, expect recognition at the United Nations. Native American tribes do not need to seek independent statehood status at the United Nations.

“Some kind of leverage could have been used in this case,” said Begay.

The International Council of Museums, created in 1946, is the only organization of museums and museum professionals with a global scope, committed to the promotion and protection of natural and cultural heritage, present and future, tangible and intangible. It is a network of 30,000 members in 137 countries maintaining formal relations with the United Nations Economic and Social Council, UNESCO.

Its consultant status with UNESCO and partnerships with entities such as the World Intellectual Property Organization, INTERPOL and the World Customs Organization, enables it to carry out international publicservice missions, including fighting illicit traffic in cultural goods.

A leading force in ethical matters, the ICOM Code of Ethics establishes values and principles for museum governance, the acquisition and disposal of collections and rules for professional conduct.

“I really do commend the Hopi on what they tried to do,” said Begay. “At some point it’s going to affect all the tribes in the Southwest. We are the only place where the people still teach their language, and speak it. Our cultures and people are still connected to the land. That’s what connects us to these issues. That is what connects us to these masks.”

He said if the Hopi had won the case in Paris, “We would understand each other a lot better.

“The point it is that even the one replica Navajo Yé’ii bi Cheii mask in the auction, as an example, does not represent a way to make money. Instead, it is our way of life – it’s not about making a living or a collection.”

Published in May 2013

Chickens are coming home to roost in local towns

Recently, the Mancos Town Board decided not to regulate chickens within town limits. Hens and roosters are not subject to any regulation – which is just fine with 41 percent of 103 residents who answered a town survey about chickens.

But the board’s decision remains controversial, since 40 percent of people answering the survey said the birds need to be controlled.

Chickens in a Dolores backyard. By Janelli Miller

Chickens in a Dolores backyard. By Janelli Miller

In Mancos you can hear the sounds of roosters crowing, which is part of what some residents feel is the town’s “Wild West” appeal and heritage. Others however, believe strongly that the hens need to be regulated and roosters need to be banned.

Backyard chicken-keeping is sweeping the nation, and the Four Corners region is no exception. More residents, living both in and out of town limits, are keeping the birds and eating their eggs.

A research project conducted in 2007 by Mother Earth News compared eggs from free-range hens raised on pasture to official U.S. Department of Agriculture (USDA) nutrient data for commercial eggs.

According to the findings, the free-range eggs contained one-third less cholesterol, one-quarter less saturated fat, two-thirds more vitamin A, twice as many omega-3 fatty acids, three times more vitamin E and seven times more beta-carotene.

As prices of all commodities rise, raising chickens in the backyard can result in more nutritious eggs for less cost. But this trend towards backyard chickens has led to town boards having to negotiate the ins and outs of regulating them.

In February of this year, the city of Cortez passed Ordinance 1175, which replaces City Code section 5-20 prohibiting poultry or fowl within the city. Now in Cortez residents may keep six chickens within a fenced backyard; they must have a predator-resistant henhouse. The henhouse has to be kept clean, and has to be set back 10 feet from all property lines.

No roosters are allowed, and residents must keep the “chicken enclosures” impeccable – no “offensive odors, excessive dust or waste” – and they must not be a “nuisance, safety hazard” or cause health problems. There are penalties for violation of the regulations, including impoundment of the birds and fines.

In Dolores, chickens are allowed and have been regulated since 2011, when a group of citizens approached the town board asking to be allowed to keep the birds. This was the second effort to get chickens in town, since the first time the question was brought to the town board, it was rejected. But in 2011 the prohibition on fowl was repealed and replaced with an ordinance amending the town code to allow for the keeping of chicken hens.

In fact, when Cortez decided to regulate chickens, officials used the same ordinance as was in place in Dolores.

According to Ann Swope, administrative clerk in Dolores, the reason that Cortez and Dolores have similar ordinances is because the two municipalities have the same lawyer, Mike Green. (Ridgway also has the same ordinance.) So far in Dolores, there appear to be no problems with the birds.

In Mancos, some residents remain unhappy with the town board’s decision not to regulate the fowl. One resident said: “The purpose of an ordinance was and is to promote chicken-keeping in ways that are healthy for our community.”

This raises the question: is it unhealthy to keep chickens within town limits? What is the relationship between health and keeping chickens?

The CDC’s recommendations regarding raising chickens include directions on how to wash eggs in order to prevent salmonella, a bacterium present in the intestines of chickens and other animals that causes diarrhea, fever and abdominal cramps, and can make some people seriously ill.

Sheldon Zwicker, who has been involved with raising his own birds and also worked in the commercial industry, thinks it’s just fine to have hens in the backyard. Although current regulations are designed to ensure that the chickens don’t spread diseases, Zwicker said if you take care of the eggs, and refrigerate them right away, it doesn’t matter if they’re washed or not.

Zwicker said he’s never seen a salmonella infection or heard of any health problems arising from keeping chickens locally. “There is a natural light oil covering to protect the egg. Just keep them refrigerated and keep fresh eggs and then, washed or not, there’s no risk.”

All the local regulations limit the number of chickens to six and prohibit roosters. They also clearly specify that chicken enclosures need to be set back from property lines – 8 feet in Dolores and 10 feet in Cortez. They must also be kept clean.

According to Zwicker, however, “Clean to a chicken is a lot different than clean to a human.” He said how often you change the litter depends on the number and density of birds, and recommends build-up litter, a process where you place clean straw upon the old. “Just add fresh litter on top and you can build up a lot of immunities, strictly from inoculation.” The chickens get exposed to any disease agents there may be and develop resistance to the germs, he said, leading to healthier birds.

In the commercial operation where he worked, the build-up litter could be 18 inches deep over a period of 14-16 months. Of course, backyard chicken keepers may want to replace the build-up litter a bit more frequently, since it depends, again, upon the number of hens kept and the size of the henhouse. But apparently, you can keep healthy happy hens in town and have nutritious and safe eggs.

Around the area, one school of thought says regulation of chickens isn’t necessary, and the towns should stay out of it. Some chicken-keepers believe anyone who has a problem with their birds should contact them directly so that neighbors can work things out among themselves.

A limiting factor on the number of people who may care for the fowl long-term is the fact that they require lots of care. The henhouse needs to be cleaned regularly, because chickens are dirty. Zwicker agreed, saying that if you’re going to be lazy you shouldn’t keep chickens.

The issue of roosters crowing is, of course, different from health concerns. Most complaints about chickens are due to aggressive and noisy roosters. Some people say a crowing rooster is no worse than a barking dog; others find the sound, particularly in the early morning, highly annoying.

Under existing regulations, only residents of Mancos can still hear roosters in town. In Cortez and Dolores, roosters are prohibited.

In both Cortez and Dolores, regulations state that if there are complaints then the municipal judge has authority to issue a warrant, and repeat offenders can have increased penalties imposed, including removal of the chickens entirely.

Roosters can cause trouble besides noise. Some roosters will attack and peck at humans, which is scary, especially for children.

Zwicker said roosters are territorial, and are especially troublesome when a hen with chicks is present. He said if you have a rooster you are just feeding an extra bird. “These laying breeds don’t need a rooster – they even do better without a rooster. They’re more likely to go broody with a rooster anyway.”

Another concern about having chickens in town is that they might attract predators. “The worst thing for backyard poultry is dogs, fenced or not,” said Zwicker. He has lost birds to coyotes, coons, ringtail cats, bobcats, weasels and a mountain lion, and still thinks dogs are the main predator.

It appears that folks in Cortez and Dolores are comfortable with the presence of hens. There are no reported health hazards, complaints or new predators in town.

However, in Mancos, “where the Old West meets the New,” you can still wake up to a rooster crowing. It remains to be seen how the controversy as to whether chickens should be regulated will be resolved there.

Published in May 2013 Tagged

Hard times for cattle ranchers, hay farmers

Before summer even arrives, the specter of drought is casting its desiccated shadow over the farms and fields of Southwest Colorado, imperiling hay crops and forcing ranchers to thin their herds.

The year kicked off with a winter that blessed much of Colorado with ample lateseason snowpack – most of the state, it seems, except the southwest corner. That trend has held steady into late April:

“All regional snowpack levels saw gains this week with the exception of the San Miguel, Dolores, Animas, and San Juan region,” reads an April 25 weekly hay report by the U.S. Department of Agriculture. “Regional snowpack levels are being reported as Yampa and White 102 percent, Colorado 109 percent, North Platte 103 percent, South Platte 94 percent, Arkansas 81 percent, Upper Rio Grande 68 percent, Gunnison 89 percent, and (San Miguel, Dolores, Animas, San Juan) 66 percent.”

Randy Carver is part owner of Colorado Haymakers, in Cortez, and a stockholder in the Montezuma Valley Irrigation Company, a private company. He pointed out that last year was the driest in Montezuma County in 28 years, drier even than the benchmark year of 2002.

With this year looking like more of the same and McPhee Reservoir already low because of the quickly dwindling regional snowpack, he said, local hay growers will fall into two camps. For those in the Dolores Water Conservation District, prospects for crops are grim.

“We used to think they were going to get one full cutting [of hay],” he said, adding that they might not even get that. “The next two weeks are going to be pretty telling.”

But holders of MVIC water rights will do better than the full-service farmers who rely solely on stored project water. The irrigation company holds historic direct-flow water rights in the Dolores River in addition to water rights from the Dolores Project. The direct-flow rights predate the reservoir and are more senior.

“We will probably get two cuttings,” Carver said. “If the county is wise in how it monitors usage, several of us can get three cuttings.”

Last year, all water allocations drawn from McPhee and the Dolores River were met because the reservoir had a reserve of 140,000 acre-feet going into the season, but there is no such reserve this year. The reservoir is not expected to fill and all Dolores Project supplies are on shortage, according to the DWCD’s web site.

Montezuma County produced 35,100 acres of hay in 2012, according to the USDA’s National Agricultural Statistics Service, up from 30,000 the two years before that – likely encouraged by great prices in places like Steamboat Springs and Texas, which were hard-hit by drought last year.

Dolores County, however, has seen a drop in alfalfa acreage – 6,700 acres in 2012, down from 7,400 acres in 2011, 9,300 acres in 2010 and 10,200 acres in 2009.

San Miguel County has held steady, around 2,000 acres of hay per year.

Tom Sabel, a statistician with the program, said they’ve stopped breaking out irrigated versus dry-farming acreage. But it’s likely that irrigated acres are keeping the numbers up.

Paul White, executive director of the Montezuma County Farm Service Agency, said drought conditions have all but driven dryland farmers out of business.

“There’s really not a whole lot of non-irrigated alfalfa any more due to dry seasons,” he said. “It used to be significant.”

That means the hay growers with water will be able to command higher prices this year, both locally and in other droughtstricken parts of the country, and livestock

growers should be prepared to pay a premium. Dry conditions may also hit ranchers from another angle – summer pasture.

Heather Musclow is a supervisory rangeland- management specialist for the Dolores Ranger District in the San Juan National Forest.

“We started our anticipation of the drought last year,” she said. “The plants set their reserves based on the moisture going into the winter. We did not have moisture last fall. We went in extremely dry. We knew we were going to start this year behind.”

So late last year, the district sent a letter out to its permittees who lease acreage in oak, ponderosa pine and grass landscapes, warning them of impending restrictions. Grazing will be delayed by 10 days, to give the vegetation a chance to mature.

At a later growth stage, the grass can “receive the usual grazing with less impact,” Musclow explained. And the same guidelines apply – basically use half, leave half – which means cattle will have to move faster through the rangelands.

None of the permittees have been surprised by the restrictions, she said. “Some of it is because we did start setting the stage last fall. Some of it is because they did go through drought cycles already. We don’t want to compound that, and they don’t either because the overall production goes down, and they lose in the long run.”

Musclow said ranchers have already been cutting their herds in response to the dry conditions, some of them as early as midsummer last year.

Troy Lichliter, yard manager at the Cortez Livestock Auction, said indications are that a significant number of ranchers are following that path.

In a time of year when cattle sales are usually slim, he’s seeing “pretty good-size sales,” he said. “Some people on the reservation are going to bring some sheep up. We’ve been having pretty good sales all winter long. Usually we don’t have much.”

The Farm Service Agency’s White said when pasture gets limited and so does the hay, that’s the bottom line: “If a guy has a right to go out to pasture with 100 head of cows, he’s losing either time [on the grazing allotment] or numbers,” he said. “If you’ve got nothing to bring them home to, because you weren’t able to raise any hay, what are you going to do with them?

“If we don’t raise any hay because we don’t have any water, the next thing is, you’re going to sell cows.”


Need help?

The Colorado Cattlemen’s Association, at coloradocattle.org, is keeping track of members who have or need hay or pasture. If you need or want either hay or pasture and would like to be added to the list, call the CCA office at (303) 431-6422, or send an e-mail to grace@coloradocattle.org.

The Colorado Department of Agriculture is also offering hay networking and resources, at coloradoagriculture.com.

 

Published in May 2013

Uses by right

Changes to land-use code would increase flexibility in industrial and commercial zones

Montezuma County residents with land zoned for commercial or industrial uses will be able to take a number of actions – from manufacturing insecticides to repairing cars to running child-care centers – without obtaining a high-impact permit, under new amendments to the land-use code.

Following a public hearing, the county commissioners gave preliminary approval April 29 to a set of amendments that included a list of different “uses by right” for landowners in heavy-industrial, light-industrial, and commercial zones. They were expected to formally adopt the amendments on May 6 after staff made some minor changes in wording.

Another change to the code involved adding stipulations that new construction of commercial or industrial buildings and public buildings must be built to either the 1997 Uniform Building Code or “a more stringent code” if the developer chooses.

The code previously required that such buildings (but not residential buildings) be built according to the UBC, but that code is not really utilized any longer.

“Developers have a hard time finding the UBC 1997,” said Planning Director Susan Carver. “It was absorbed into the International Building Code.”

The planning department and planning commission had originally proposed stating that such buildings must be constructed to the UBC “or a more stringent code such as the IBC International Building Code,” but the commissioners and planners agreed it was best to avoid any reference to the IBC.

“It seems that what develops the most heartburn is the word ‘international’,” said Dennis Atwater, a member of the planning commission.

The planning group “had a long discussion Thursday [April 25] about that,” said Tim Hunter, vice chair of that group. “As a builder I’m not a big fan of the IBC because it goes beyond health and safety.”

Mancos resident Greg Kemp had a different take.

“I have never been anywhere before where people are so terrified of and by the word ‘international’,” he said during the public-comment period of the hearing. “Maybe it’s because I come from Detroit, which is a mile across the water from Canada, which is a different country.”

He added that “international” is in the title of the IBC because the code is used by other countries and is “one of the main ways in which other countries attempt to emulate the United States.”

States, counties and municipalities that use the IBC can modify it to suit their own needs, he said. “It is not written in stone. It is not the Ten Commandments or the Constitution.”

Kemp also said no one could build a commercial or industrial building today that is not international to some degree. “Most of our lumber products, cement, drywall, and shingles come from Canada. Most of our heating and ventilating equipment, electrical supplies and hardware come from Mexico. Most ceramic tile comes from Italy. . . The list goes on and on.”

During the public-comment period, Dexter Gill of Lewis and Richard Kipp of Pleasant View spoke about their distaste for regulations in general.

“We have come away from individual responsibility,” Gill said. He added that “most of the code in my opinion is irrelevant to actual construction” or there wouldn’t be so many old buildings still standing and functional.

Kipp said the word “international” does not disturb him, but “the word ‘control’ is a different can of worms. We have a lot of people come into our area from ‘nanny states’ that are used to control.”

But Carver said the intent of the amendments regarding industrial and commercial uses was to add flexibility and streamline the process for owners of those lands, allowing them to proceed with any of the “uses by right” without having to undergo the high-impact-permit process.

Uses by right on property that has been zoned “heavy industrial” would include bulk storage and redistribution of petroleum products or propane; pipe yards and equipment storage for oil and gas or extractive industries; construction yards; heavyequipment storage; sawmills; the manufacture, processing, or storage of insecticides, fungicides, or disinfectants; and more.

In the light-industrial zone, uses by right would include professional offices, furniture repair, outdoor storage, auto repair, veterinary clinics, and more.

In the commercial zone, a few of the uses by right would be medical services, hospitals and clinics; restaurants, food and beverage sales, bars and taverns; gas stations and conveniene stores; car washes; churches; and child-care centers.

The landowners must, however, certify to the county that they meet the definition of one or more of those uses. If their enterprise exceeds any of the county’s threshold standards regarding factors such as noise, traffic, or light, they have to submit a plan for mitigating those factors.

Landowners planning projects that are not among the uses by right will have to obtain a high-impact permit, Carver said.

“To a person, we aren’t real interested in control, unless it’s related to health, safety, and welfare,” said Atwater.

“We understand that the proposal is to try to make it more streamlined,” said Commission Chair Steve Chappell.

Another proposed amendment to the code deals with the zoning of tracts disposed of by the Forest Service, BLM, or other government entity into private hands. The proposed language says the planning staff is to provide a notice of recommended zoning (based on the parcel size and existing use) to the new private landowners, giving them an opportunity to respond, and setting up a public hearing at which the county commissioners would zone the tracts.

After the public comments and discussion, the commissioners then voted 3-0 to close public comments and continue the hearing until May 6.

Published in May 2013 Tagged

Montezuma County’s new commission is shaking things up

On April 29, Mark Rogers, a developer and restaurant owner, came before the Montezuma County commissioners to ask what rights he has to develop a five-acre parcel in the Dolores River Valley under the system of Transferable Development Rights in place on that valley.

The conversation soon broadened into a discussion of how well the TDR system is, or isn’t, working. Under the system, which is part of the county land-use code, landowners in the valley have one TDR for every 10 undeveloped acres they own. They can sever those TDRs from the land and sell them to other owners if they choose. But in order to develop, an owner must have one platted TDR for every new home or commercial unit he plans to build.

The commissioners voiced concern that the system, which was designed to protect water quality and preserve the valley’s character, has effectively shut down development. “It has stopped all sales and devlopments up there,” said Commission Chair Steve Chappell.

He told Rogers the board would need to hear from a group of people who had complaints about the system.

“I’ve got over 100 [TDRs] platted, and to my knowledge, no one has ever sold one,” said James Dietrich, the county’s federal lands and community-services coordinator.

“One motion and a second,” commented Chappell, “and. . .” He made a gesture as if he were wadding up a piece of paper and throwing it in a wastebasket.

“Gather your wagons, Mark,” said Commissioner Keenan Ertel. “It’s definitely an issue that may get revisited.”

Fresh eyes

Since commissioners Ertel and Larry Don Suckla came into office in January, the three-man board has appeared eager to make changes in the way business is done, or at least to look at things in a different way from past boards.

“I think that’s a fair statement,” Ertel told the Free Press. “We’re looking at it with a fresh set of eyes, anyway.”

At their very first meeting, they voted 2-1, with Suckla dissenting, to end the county’s 26-year relationship with attorney Bob Slough and seek new representation. That process has had its ups and downs; for months the county had several attorneys juggling Slough’s different duties involving social-services cases and the commission.

But on April 22 the board voted to hire John Baxter, a criminal and civil lawyer from Durango, as county attorney. He will be handling all the duties that Slough did.

The county received a total of two individual applications for the job, Ertel said, plus the firm that was providing interim representation offered to continue doing that.

Another change in the way business is done has been the use of executive sessions. So far as anyone can remember, the county commission had never held an executive session until April of this year – when it had two in two weeks, both to discuss negotiations with Baxter over salary and duties.

The board also had an unusual closed-door session at the end of its meeting on April 8 – a meeting it said was not an executive session but at which no one but the three commissioners and District Attorney Will Furse was allowed to be present. The topic of that meeting, which occurred one day before Administrator Ashton Harrison abruptly resigned, has been the subject of intense speculation around the county ever since.

Debates over grants

Two other recent discussions by the board has have sparked a great deal of conversation among observers.

In the first, the board held off on supporting a proposal to seek technical assistance from the state or the Environmental Protection Agency to do assessments of some potentially contaminated sites, known as “brownfields,” in Montezuma County. The assessments would cost some $30,000 to $50,000 per site and would be to ascertain whether a property was indeed contaminated and what it would take to clean it up [Free Press, April 2013].

Ertel was vocal in his belief that it was wrong to spend taxpayer money to improve private property unless the landowner had to repay the cost of the initial assessment.

In the second, Chappell and Suckla balked at paying $2,075 as a matching grant to obtain more than $40,000 in additional funding for the creation of a county-wide hazardsmitigation plan.

Paul Hollar, the county’s deputy emergency manager, came to the board saying he had received three bids to do the work. He said writing the plan would take hundreds of man-hours, but once it was in place, it would make the county eligible for funding for future mitigation work.

However, Suckla in particular opposed the idea of spending some $2,000 of county monies for an outside firm to write the plan.

“Why the hell do we need Denver to tell us what to do in Montezuma County?” he asked. He said Hollar should either write the plan himself or pay the $2,075 out of his own pocket.

Hollar responded that he didn’t have the qualifications to write it, saying it would be like asking a carpenter to do blueprints.

“I didn’t know we were hiring you to hire experts,” Chappell told Hollar, likening that to “us hiring a lawyer and he hires an expert when an issue arises.”

Hollar said writing the plan was not part of his job description, but Suckla said he would find another county’s plan that Hollar could use as a template.

When Ertel made a motion to approve spending $2,075 to obtain the larger grant, the motion died for lack of a second, and Hollar was left to write the plan himself, though he said it would take him several months.

The decisions about the brownfields funding and the emergency plan led many observers to question whether the county was backing away from seeking any grants that required a county match. At one meeting, Chappell made the offhand remark, “I really get pushback on grants from Libertarians.”

But Suckla told the Free Press it is “not true at all” that the board is opposed to grants.

“I am 100 percent for grant money if it benefits the county as a whole,” Suckla said. “If you don’t take the grant, somebody else will.”

As an example, he said the board just applied for $2 million in Colorado Department of Transportation funding to add acceleration lanes at the dangerous intersection of Highway 145 and Road P. That could require a $400,000 match from the county.

“We were against a deadline and I said, ‘Let’s get our name in the hat and two years down the road we’ll figure out where to get the money if we’re successful’,” Suckla said.

Ertel likewise told the Free Press the board will consider grants on a case-by-case basis. (Chappell could not be reached for comment.) In regard to the brownfields situation, Ertel said, that “is a very unique grant.”

“I admire the brownfields grant. I think that’s a positive thing,” he said. “I do have disagreement with using government, taxpayer money to go to a private individual that’s irresponsible with his property. You’re paying individuals to be irresponsible, that’s my rub with that.”

He said he understands the other side of the issue – that the properties can become a permanent blight on the community – but believes that does not outweigh the injustice of irresponsible owners potentially profit ing from taxpayer funds.

Suckla said no decision has been made yet about the brownfields cleanup and the board has been told there are some provisions to the grants that prevent irresponsible owners of contaminated properties from getting a “windfall” through taxpayer funds, so the issue is still open.

Regarding the hazard-mitigation plan, Ertel said he “could have gone either way.”

“I think it’s a very needed thing for our county, but I agree with Steve and Larry that we have a gentleman hired here and paid a very handsome salary to do that kind of work.

“I don’t think they were in disagreement with using grant monies, but why should we take taxpayer money when we have a gentleman that is capable of doing the work?”

Suckla said a recent trip to Washington, D.C., to meet with representatives of other counties had convinced him there was no need to hire an outside firm to do the hazard- mitigation plan. The vast majority of the county officials he met said their own emergency managers write the plans, Suckla said.

Ertel said he is not opposed to accepting grant dollars, provided they are used in a responsible manner.

“I hate to say it, but they’re an essential part of running government today,” he told the Free Press. “We don’t have enough revenues in our coffers to do everything the state and federal governments want us to do.”

Ertel said he did not know enough about the Dolores River Valley’s TDR system to comment on it, but that he would be willing to re-examine it, “especially if we have a good number of people that live up the Dolores River Valley that find that to be either a handicap or an enhancement.”

Suckla said the idea of changing or scrapping the TDR system “was just a discussion because Mark Rogers came in” and wasn’t something the board would do lightly.

“There might be a possibility, but like Steve said, you would have to have a lot of people that would sign a petition that said they would want to do something different.”

Suckla said he doesn’t necessarily agree that this board is doing things differently than previous commissions would have. He said he isn’t trying to make major changes, just good decisions.

“My philosophy is I want to do what is best for the health, welfare and safety of the taxpayer, and to protect their rights,” Suckla said. “I don’t want to blow their money. I want to spend it wisely. I think the other two commissioners are the same.

“I do see a lot of waste in different programs, so I look real hard at those things.”

As the only unaffiliated candidate ever elected to the commission, Suckla said he isn’t beholden to anyone, except that, “I owe 26,000 people — it doesn’t matter what party they’re from.”

Published in May 2013

Why I’m a heat-seeking miss

Okay, it’s official. I do not like winter. I am so damn sick of it right now and I am sorry to whine, but I am getting persnickety in my old age, so I’m going to say whatever pleases me.

I know that living in the desert, I am supposed to appreciate the snow. I understand that I should be thankful that it’s still cold so that the snow “lasts.” Overcast means no melting in the sun. I can wrap my head around all of that but when push comes to shove I am tired of being cold.

The cold just hurts – physically and emotionally. When we have warm sunny days at this time of year and the birds are singing and the air has that slightly loamy scent I am ecstatic – I feel like I can breathe again, stretch my limbs. When the weather reverts to frigid, blustery, soggy, it hurts my feelings.

And I begin to worry that the apocalypse is here and that I will be living in a frozen wasteland for the next 50 years.

I used to enjoy winter. I actually moved west to be a ski bum. I even, at one point, lived in Summit County – it doesn’t get any more wintry.

F—- that.

I’m skinny, decrepit and clumsy. The wind blows right through my already aching joints, I have no insulation and I fall down on dry ground – I am a train wreck on ice.

In one week I ripped open my three favorite pairs of pants because I landed on either my knees or my ass. I could barely walk for another two weeks because of the wound on my right knee and the bruise on my left hip and I was just pissed off.

Normally Chicken Creek is my refuge. Skiing there every day definitely brightens my outlook on snow and makes winter bearable.

This year, I couldn’t even motivate to get myself out the door and onto my skis. I went three times, had lovely experiences and then just couldn’t muster it up to try to stay warm outside when I could fire up the woodstove and remain warm in my own living room.

I stopped running because I kept falling down. So I remained inside to be safe and got total cabin fever and went a little crazy.

I went out to Sand Canyon in February and it was beautiful and warm and I lay on the slick rock in shorts. Suddenly, I was a nicer person. I decided that I actually do like my children. I thought maybe I could get out and perhaps socialize a little bit. And I definitely got excited about running again.

And then, the next day, it snowed and my attitude went straight down the tubes.

There are a few hints of things changing. Apparently the turkey vultures are here (although, as of this writing, I have yet to see one – which, of course, hurts my feelings.)

Calves are being born. The redwing blackbirds are going nuts. I saw a bluebird.

I drove to Durango at 7 this morning. The way the early sunlight was hitting the roadside hillsides made them look green from afar. It was almost an illusion because when you looked right at them, all you could see was brown. On my way back, at 9, I was excited to check it out again, but it was totally socked in with ice-laden fog.

Shit.

My parents, who have lived in Idaho for the last 27 years, have just come to the realization that they no longer need to suffer and are moving, in five days, to my mom’s hometown in…yes, Florida.

They are so excited – not one single second- guess. Idaho currently is grey and uncomfortably freezing, and dark.

Hibiscus, warm, ocean breezes in the palms, sunshine. Water. If it doesn’t rain, they don’t need to panic. They don’t have to be torn between knowing that they need it to snow and being thankful that it’s not. As a matter of fact, they don’t have to worry about it snowing at all.

I have honestly thought about following them down there. I’ve asked repeatedly if they need me to be closer to take care of them. Who begs to give up their life to go take care of their elderly relatives? Apparently, in the winter, I do. Unfortunately for me, they are in great shape and don’t need me.

I understand that I am aging and there are some bits of life that with the aging, become a bit more difficult, but I’m not sure that I ever believed it would happen to me.

So then I decide that it’s not about age at all – it’s common sense – who wants to be uncomfortable? Who wants to suffer? Who wants to wear all of those layers?

Who doesn’t want to be traveling across warm sand and rock, with just one thin Tshirt, getting fresh air on their skin? My derma is suffocating. It might even start to slough off. Olive skin is supposed to be olive, not grey-green.

In order to stay “occupied” this winter, I have watched two HBO series: “ROME” and “Game of Thrones.” They are basically the same story; fighting for “the crown,” sex, sword play, sex, intrigue, sex and more spraying blood than a Quinten Tarantino movie. But, I have learned something and that is this: the folks in “Game of Thrones” are from “the North.” They wear multiple layers of fur and skin. They sit in huge stone castles with fires burning in every room. They have sex with their clothes on. They eat vast amounts of flesh.

The good people of “ROME” run around in extremely short tunics with not much underneath. They wear sandals – even in battle. The women wear diaphanous dresses, with not much underneath. They eat olives and fruit salad. They reside in rooms where palm trees grow and few walls exist between the living quarters and the sea. They’re constantly naked.

Suddenly, it all made sense…I am Italian! Right?

I’m not from the monochromatic hinterlands? I’m from the gloriously colorful Mediterranean and am not genetically engineered to endure bleak. I am born to be warm and to have bougainvillea in my boudoir.

At least now I understand. I can quit fighting the “Suzanne, you should be thankful that we just got another 2 feet of snow and you will be shoveling for another month,” and, “Suzanne, when did you turn into such a weenie?”

I can embrace, proudly, that trying to enjoy winter is going against my nature, and that I am a winter buzz-kill who is descended from some of the most beautiful, swarthy, conniving, manipulative and sex-crazed people who ever walked the earth.

Suzanne Strazza is an essayist and humorist in Mancos, Colo. She has a blog, Single in the Southwest, at suzannestrazza.wordpress.com.

Published in Suzanne Strazza

The best way to help the poor

Yea, though I walk through the valley of death, I will fear no evil.

One doesn’t have any more fears if you are dead. I have no fear of dying as there is nothing I can do about it. I have no fear of the afterlife; it must be okay, as no one ever comes back.

But enough of the philosophizing. As the country song goes, “Live fast, die young, and leave a beautiful memory.” What better memory could one leave for his heirs than a good education and plenty of clean, clear water? Water to quench our thirst and help us grow green pasture.

For religious leaders to continue to teach from the pulpit that we still need large families is insane. War, plagues, disease and abortion have done little to stop the burgeoning population in the world. We are now at 7.5 billion people and it is projected that number will be 12 billion by 2050. And it is estimated that one-sixth of those do not have reliable, clean water for drinking, cooking and cleaning. That should be frightening to us and those we will leave behind.

It took us thousands of years since we rose up on our hind legs – or, if you prefer, since God created us – to reach 7.5 billion, but in just 37 years we’re going to add another 5 billion. Overpopulation and its effects are the greatest threat to life on this planet – not just ours, but the lives of countless animal species as well. Education is the answer to the situation, and who can deliver this most easily and most effectively? The prophets of our various religions, whether Christian, Muslim, Hindu or Buddhist. They need to get out of the past and into the 21st Century. There is no longer a need for large families with lots of children to labor in agriculture and domestic chores. Continuing to propagate the way we have been will be the death of the human animal. There is only a finite amount of water on this sphere, and much of it is locked up as saltwater. As I have stated before, no water, no life.

I am sure that the prophets of mythology know this, but are so blinded by greed, they refuse to relay their message. They want their congregations to have lots of children to keep growing their own particular religion, so they refuse to preach the wisdom of small families.

So many people in this country today are all lathered up about the national debt we are leaving our children. Bosh! (Or b– -s—.) If our heirs have clean water, clean air, and a space to live, they can overcome the debt. We have done it before; it can be done again. But if they don’t have enough water or food, they’re in big trouble. So why aren’t these same folks worried about the sort of environment we are leaving our children?

If we continue to overpopulate, we do our descendants no favors. This is one situation where doing less gives us more. Are others thinking about this situation? You bet. Remember T. Boone Pickens, a corporate raider who made his money from oil and gas and invested in wind energy, then cut and ran when government subsidies ran out? What is his one big investment now? Water. He has purchased huge tracts of barren land with aquifers underneath so as to obtain the water rights. Coca-Cola, Pepsi and many other corporations are buying up water rights all over the world, investing in filtration plants. Water will be the gold of the future. No water, no grapes for wine for the sacrament. No beer for the boys, no champagne for the ladies. No cabbages for the pot, no beef for the plate.

Of all the problems we are pelted with, there is only one that if not addressed will bear no fruit, and this is it.

If the new pope really wants to help the poor and the environment, as he says, would issue a statement calling for people to limit the size of their families. Unless procreation is brought under control the human race may not have many years left. For those who believe they will be transported to green pastures after death, won’t God be somewhat put out over what condition they have left the earth in for the coming generations? Why do we care so much about the debt if we don’t care about the condition of the planet?

I’m concerned about the children born today. Will we leave them as good a life as our forefathers left us? The preamble of the Constitution states, “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity [my italics]do ordain and establish this Constitution. . .” To do this, we the richest and most powerful nation on earth, must also help care for all the peoples of the world, not by force but through education.

If you don’t believe me about the coming water crisis, there are three books in the Cortez Public Library that can offer you a wealth of information: “The Ripple Effect,” by Alex Prud’homme; “Blue Death,” by Robert D. Morris; and “Water: The Epic Struggle for Wealth, Power, and Civilization” by Steven Solomon.

Galen Larson writes from Montezuma County, Colo.

Published in Galen Larson

Woman dies in park

A 47-year-old woman was found dead Sunday, April 6, in Cortez’s Centennial Park, according to Police Chief Roy Lane.

Ann Margaret Wing of Towaoc was found Sunday at about 7 a.m., not far from the duck pond.

“She was in an area where you couldn’t see her from the street and she was down on her face,” Lane said.

He said the cause of death was believed to be hypothermia.

 

Published in April 2013

Role reversal

Stay with me on this one.

I spent eight years of my life furious with the way George W. Bush and Dick Cheney got away with ignoring, and in some cases, eviscerating our constitution. Eight years being stunned that anyone could vote for W., and four of those in despair that anyone could vote for him twice, after he proved how woeful his ability to lead was, how great his ego.

After he pulled us into the wrong war and basically ignored the just war, allowing the Taliban to regroup and bin Laden to escape for years; after he drove up our debt, gave breaks to billionaires at our expense, and then, somehow, by some sorcery the Right has mastered, got so many of the rank and file to believe this was in their best interest, to applaud it, to embrace him, and to blame the victims of his decisions.

And when those of us who didn’t vote for Bush pointed out his predatory, conscienceless, grasping nature, his arrogance, his staggering, almost singular ineptitude, well, we just weren’t “real” Americans. Real Americans, by this line of thinking, are those who enthusiastically embrace “my country, right or wrong,” without blinking, let alone thinking. These sorts of “real Americans” march lockstep with their leader and call it patriotism. They can’t accept that others may disagree with them for legitimate reasons, yet love their country, too.

OK, then. Now it’s time for a deeeep breath.

I’m starting to see the reverse.

That is, the same frustration I felt for eight years is again blasting out of nearly every public forum, especially social media. Only this time, the ire is directed at a different president. While some of the particulars are different, the despair is the same. President Barack Obama, the general reasoning of his detractors goes, has rewarded the have-nots on the backs of the haves; has destroyed the economy; gotten in over his head in the Middle East; is responsible for four deaths in Benghazi; “claimed credit” for the taking out of bin Laden, and, yeah, totally shredded the Constitution. How, his opponents ask, can anyone have voted for him twice?

I don’t necessarily agree with all the allegations that have been laid at the president’s feet. And I have even left out some of the more lunatic aspersions cast on Obama. It’s just that all this vitriol has spurred some introspection. Obama’s detractors are now wearing the shoes I walked in, while I am wearing theirs. From my end, it is head-shakingly infuriating that these folks can’t “see reason” and won’t stop supporting an obstructionist Republican Party. From theirs, it is head-shakingly infuriating that Obama’s supporters won’t acknowledge his failures and stop supporting an enabling Democratic Party.

Yes, I am seeing the reverse. And it’s opening my mind.

Not to seeing things their way, but to understanding why they see it. As I was taught in college-level history, you don’t have to believe what others — in the history classroom context, past societies — believed, but you must believe that they believed it, or you have no prayer of understanding. Without understanding, there is no knowledge, only railing in the dark. Without knowledge, there is no progression.

Exhibit A: See Congress. Exhibit B: See the rest of us, as we point fingers of blame toward the party we least like instead of demanding with one voice that our representatives stop channeling their collective jackass and get on with our business.

Other exhibits from my own life include hearing, during the president’s first term, a fellow Democrat lambaste people for not respecting the office of president, and for daring to criticize Obama. Only months before, when Bush was still in office, the same individual had fully embraced dissent as the highest form of patriotism, and criticized Republicans who said we needed to support the office of the president!

Or perhaps a good exhibit is the presidential candidate who recently got his backside handed to him on a platter, along with a heaping helping of humble pie. By what Mitt Romney said in early March, it’s pretty clear he did not much partake of that pie. Romney acknowledged he’d blown it with minority voters. To his credit, he didn’t blame Chris Christie’s spontaneous thanks to Obama post-Sandy for turning the electorate against him.

But then came the typical morning-after regret canards. “The media” turned people against him, said wife Ann. His statements about a parasitic “47 percent” were “twisted and distorted,” Romney said. Never mind that his statements were just plain wrong, and this 47 percent included a significant chunk of the senior demographic who actually voted for him. Romney: Failing to learn from history, doomed to repeat it.

Exhibits also include conservatives who whine loudly about the president, propagate or pass along what can objectively be called abusive, ridiculous garbage, who don’t bother to fact-check, or refuse to believe the facts when they do. Yet, when even mildly challenged, they promptly demonize as “intolerant!” those who dare to present facts, or even a competing opinion. Of course, there are also intolerant, fact-resistant liberals. Can’t remember a one of them, though, who keeps saying that W. isn’t “really” a Christian, or keeps insisting, in defiance of the evidence, that he wasn’t born in the United States.

What I do see is a number of liberals with a head-in-sand reaction to charges against Obama that seem to be fairly levied.

Bush was rightly criticized for the PATRIOT Act, warrantless wiretapping, black sites, torture (and yes, it was torture), and more. I’m less aware of widespread outrage over Obama’s signature on the NDAA, which allows for indefinite detention of U.S. citizens, and why we are not marching in the streets against the use of spy drones is beyond me. These are appropriate criticisms.

It’s even fair to point out that Obama’s outrage concerning the Sandy Hook child murders seems at odds with his support of drone strikes that killed kids in Pakistan. And, while he is not solely responsible for the economic muddle, he isn’t blameless, either. There are fair questions to be asked about Benghazi, even if critics need less hysteria and more facts. What will he do about Iran? Or Egypt, whose new leader is today’s friend, but easily tomorrow’s enemy?

If it frustrates me that Bush supporters cannot see the evil he perpetrated, I must also acknowledge Obama’s failings. So, how can I continue to support him? Because he stands up for women and the Republican Party does not. Because he stands up for the civil rights of gays and lesbians, and the Republican Party does not. Because he keeps religion out of politics and wannabe theocrats who lean Republican do not. (Note: I am a heterosexual Christian, but civil rights are civil rights and it is the separation of church and state that prevents a Christian – or any! – version of the Taliban.)

Because, deeply flawed though it is, the Affordable Care Act at least attempts to address the gross inequities of insurance coverage in this country. Because, although I support the Second Amendment, any president would have been forced to address the issue of guns in this country after Sandy Hook. Because I believe that a shared country equals shared risks and shared benefits, and that developing reasonable policies in this regard does not constitute “socialism.” Because the Republican Party openly admitted to tactics of willful obstructionism at the expense of our country. Because the only alternative was a tone-deaf, protean elitist called Mitt Romney.

And when I consider the reasoning that drives me, and my conclusion that despite his many faults, Obama has — so far, at least — done more good than harm, I at last begin to understand the rationale that could lead a person to vote twice for a flawed president.

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

Published in Katharhynn Heidelberg

County administrator resigns

By Gail Binkly and

David Grant Long

County Administrator Ashton Harrison resigned on Monday, April 8 – the same day that the Montezuma County commissioners had an unusual meeting with District Attorney Will Furse, possibly in violation of state sunshine laws.

At the end of their regular meeting that day, the commissioners met in a closed-door session with Furse after asking staff members and the public to leave the commission meeting room.

Asked by Free Press reporter David Long whether this was an executive session, Commissioner Keenan Ertel said no, but that they did not want staff or the public present.

“We’re going to meet informally with the DA,” he said.

Whether the closed-door session had any connection with Harrison’s resignation is unknown.

The Free Press contacted Harrison at the county administration office shortly after the board and Furse went into their private session. Harrison said he did not know what the officials were discussing because he, too, had been asked to leave.

Later Monday evening, Furse told the Free Press that the meeting was “just a very informal casual discussion” that had “nothing to do with policies or county matters.” He said it was “a time to have all the commissioners together” and that what they discussed was of a “sensitive nature – nothing to do with anything agendized.”

He said the meeting did not violate Colorado sunshine laws because county business was not discussed. He declined to give any more specifics about the topic of the meeting, saying that it was “an opportune time for us four to chat briefly.”

Word of Harrison’s resignation spread on Tuesday, and that evening he confirmed to the Free Press that he had resigned effective Monday. He declined to give his reasons for doing so.

Harrison – who had been county administrator for nearly seven years, since May 1, 2006 – said he had enjoyed working with the staff.

“I’ve had a remarkable staff – both my staff and my department heads,” he said. “I’ve enjoyed a great relationship with them. I think we’ve made a lot of progress on several fronts and I couldn’t have done that without having good department heads and a good team.

“I’m going to personally miss some of my employees.”

On Tuesday, Commissioner Larry Don Suckla said that Harrison’s resignation “happened out of the blue” and indicated that it was “an ongoing issue” that had not been entirely decided and would be discussed at the board’s next meeting.

Regarding the closed-door meeting with Furse, Suckla said it involved “a sensitive subject.”

“It’s a personal thing, yes – that’s all I can say or do till the other two commissioners are present,” he said.

However, he said the meeting should have been announced. “I feel like it needs to be done a different way from now on.”

Suckla also said that the topic was “a very important issue.”

“That’s all I can say,” he stated. “It will get out – just not yet.”

Suckla said of the last day, “It was an eventful past 24 hours I would like not to relive.”

Colorado law (CRS-24-6-402) states, “All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public [italics added] business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times.”

All three commissioners were present Monday.

Local public bodies may discuss certain matters privately by going into an executive session, but under the law they are first supposed to announce to the public the topic of the executive session and cite the specific part of the law under which the topic qualifies for an exemption from the open-meetings requirement.

Executive sessions can be called to discuss the sale or acquisition of property; matters required to be kept confidential by federal or state law or regulations; details of security arrangements; positions related to negotiations; or personnel matters (if the person involved wants the matter to be discussed privately).

An executive session can also be called in order to confer with the board’s attorney (not just any attorney) “for the purposes of receiving legal advice on specific legal questions.”

Executive sessions are supposed to be recorded, either electronically or by taking minutes. No formal action is to be taken during executive sessions.

The commissioners are in the process of hiring a new county attorney after deciding not to renew their contract with longtime commission attorney Bob Slough in January. In the interim, they have been represented by different lawyers from the Durango firm of Goldman, Robbins, and Nicholson.

On Monday, when the board had the meeting with Furse, the attorney, Michael Goldman, had already left for the day. Other staff members, including Clerk Carol Tullis, who was recording the regular meeting, were also asked to leave.

Other than reporter Long, the only other audience member at that time was Bud Garner, a former commission candidate (he lost the Republican primary race to Ertel in 2012) who frequently attends commission meetings.

He told the Free Press on Tuesday that he had been somewhat surprised by the request to vacate the room.

“I thought it was a little odd,” he said. “I’ve not seen it before.”

 

Published in April 2013

Why make art? For locals, the reasons are many

“Writing is the only thing that, when I do it, I don’t feel I should be doing something else.” — Gloria Steinem

On Saturday, March 23, the Sideshow Emporium & Gallery in Dolores hosted an opening “Rural-Gothic: Music, Art & Video.” Featured on the walls were graphic prints by Hardison Collins, photographs by Ole Bye and Dustyn Lyon, dimensional art by Rosie Carter and oils depicting the Hollywood Bar by Lara Branca. A video by Sam Lyons was projected on the wall, along with slides of rural America.

Most of the visual artists are also musicians. The Holy Smokers feature Rosie Carter and Chuck Berry, Kustom Fronts is Hardison Collins’ solo act, and Ole Bye and Lara Branca both perform solo.

The event was jam-packed. It was standing room only inside, and a large huddle of folks milled about on the porch. Even though it seemed like everyone was chatting, a substantial number of people were listening intently to the music, watching the video, misting up with memories triggered by Branca’s oils, and examining the intricate details inside Carter’s frames filled with flying birds, stars, wires and clouds.

On that same night, the Dolores River Brewery had a full house dancing to the Damn Quails’ brand of bluegrassy rock, and the Cortez Chamber of Commerce hosted a speakeasy with a room full of costumed, feathered, suspendered and frilled gamblers.

Over in Durango, Oliver Mtukudzi filled the Fort Lewis Community Concert Hall with his African beats, and a group of Montezuma County musicians – the MoeTones – headed to Utah to play at Frankie D’s in Moab.

A chocolatier put the finishing touches on her tray of hand-dipped morsels for Easter. Hand-made metal vultures hung over Belt Salvage in Cortez.

Earlier that week a muralist asked the town board if she could paint some art on a wall in Dolores, and children drew all over the sidewalk with colored chalk in Cortez. Mancos has been rocking for weeks with the Millwood Follies, the Mancos Hoedown and Mancos Melt activities, and in Farmington, N.M., there are weekly concerts at San Juan College throughout April.

It seems spring has brought out all kinds of artists. Whether they work with scrap metal, gemstones, fiber, movement, paint, or musical instruments, the Four Corners region is alive with creative people. What motivates them? Especially here, far from the so-called centers of art and culture?

Musician Chuck Barry of The Beautiful Loser Society, who had their first local show in over a year on March 30 in Cortez, answered: “It certainly isn’t for the money.” But if it isn’t the quest for the almighty dollar that moves artists to make art, then what is it?

Singer-songwriter Deb Hilton of The Porchlights, a Dolores duo specializing in original acoustic music, said, “It lets me break through walls in my mind I don’t think I otherwise would.”

Silvia Pina, creator of Bootylicious, explained: “I’ve been a dancer and painter all of my life. But, at this very point, dance is my art. When I hear good music, I tap in. I get that inexplicable feeling of connecting to the source. . . .

“From that creativity, anything is possible. It’s that creativity I feel when I dance. When I feel that urge to dance, I express. I rejoice. And, if there are others around me, I wanna rejoice with them. And I wanna spread the love!”

Lara Branca took her loss and turned it into beauty. When she locked the door of the Hollywood Bar in Dolores last August on her way home from a bartending shift, she had no idea she’d never return. The fire that devastated the Hollywood and the Fusion Art Gallery & Studio also took a heavy toll on the lives of the people who worked there.

But Branca was able to find healing through her oil paintings. When asked why she makes art, there is one simple answer: “Because I have to.”

Jaime Nicole Becktel paints bright and bold. The Mancos artist displays her work locally and regionally, participating in group shows. She is also a face painter, frequently seen bringing smiles and color to children’s faces at local fairs and festivals.

Like Branca, Becktel said being an artist isn’t a choice. “Why do I do art? Because I’m compelled. . . . One might say that I get high on doing art. That I have a subtle kind of addiction, socially normalized, like Splenda. I’m okay with that.”

This is not uncommon – to be compelled and to have some kind of desire to share with others. Linda Robinson, a landscape architect and visual artist, explained, “A great product of creative people is the creative products put into the world. Art performances or objects communicate visions and truths and aesthetics (sometimes beautiful, sometimes ugly, always demonstrating an inherent value about something) to the rest of the society. It adds a dimension to human material culture and to the development of culture as a whole, even pedagogy. Just as science adds, or history adds.”

Most artists believe art is necessary to human culture, and that they are the ones who have been given a vision and a mode of expression. Some artists are inspired by where they live, but others feel they would be an artist no matter where they happen to be.

Art is a lifestyle, an orientation that shows artists how to belong in the world. Most of the local artists said there really wasn’t a moment where they decided to be an artist. Instead, it’s just who they are – an extension of self that they’re willing to share.

“You just hope to be in the zone,” said guitarist Wild Billy Kneebone, “to go deep and feel the connection, no matter who is there or where you are.”

Robinson agreed. “Creating is just how some people are geared to explore reality, to explore possibility, to create a vision, to communicate all those things that come through creating.”

Do yourself a favor this month and get out and see what an artist is up to. You may be educated, inspired, and uplifted. Just what spring is all about!

Published in April 2013

A new book on the history of Trail Canyon

TRAIL CANYON

“Trail Canyon: 6 Miles Long, 10,000 Years Deep” is available for $28.95 at Books, 124 N. Piñon Drive in Cortez; at Maria’s Bookstore, 960 Main Ave. in Durango; and on Amazon.

Bud Poe has a promise for anyone who buys the book he co-authored, “Trail Canyon: 6 Miles Long, 10,000 Years Deep”: “If I ever write another, you can get your money back.”

This isn’t to say that he didn’t enjoy working on the book or that he isn’t happy with the results. It’s just that it was a long and winding road to completion, one that involved working with three other original authors and another who was brought in later. “It was like having to manage cats,” Poe said.

“Trail Canyon” tells the story of the sixmile- long canyon, which runs north from McElmo Canyon west of Cortez, Colo. The rugged, scenic gulch has been home to Ancestral Puebloans, Utes, and a variety of cowboys and homesteaders.

Originally from the Midwest, Poe and his wife, Jeani, moved to Durango in the 1990s. They became friends with a real-estate broker, Sam Hoffmann, who later told them that a large ranch in the canyon was for sale and proposed that the Poes partner with him in buying a portion of it. Eventually they did so. (Hoffmann has since moved away.)

During the time he was considering the purchase, Poe attended a lecture in Durango by Gary Matlock, an archaeologist who had worked on the ranch when young and had written an overview of Trail Canyon as part of an archaeological-survey report.

After the lecture, Poe approached Matlock, and they became friends. They later agreed it would be good to expand on the overview he’d written.

“He became my first recruit in the Odd Quad,” said Poe. The Odd Quad is the term the four original authors had for themselves, a term that reflected their different backgrounds and interests.

In 2002, the Poes purchased another parcel of land in Trail Canyon that was home to the Rock House, a 200-square-foot sandstone dwelling built on the original Howard Baxtrom homestead. Trying to learn more about the house, Poe contacted local historian Fred Blackburn, who was able to put him in touch with the Baxtrom family. Harold Baxtrom, who was born in the Rock House, became the third member of the Odd Quad, and Mary Jane Schott, who had bought 80 acres in Trail Canyon with her husband, completed the quartet.

However, Schott and Matlock later moved out of the area, so Poe hired Ann Butler, a writer for the Durango Herald, to help finish the book.

“Ann was born in Cortez,” Poe said. “The book is basically Ann’s foundation throughout. I contributed portions in my language, so to speak. She did quote me, as well as Gary and Harold. The one whose work is pure is the four or five poems of Mary Jane’s. I critiqued them but they were her idea and her inspiration.”

Assembling the book was a major effort, but Poe said he enjoyed it. “Part of the fun of writing this thing is how much I learned in the process and the people you meet.”

“Trail Canyon” rambles along in an entertaining, readable fashion, hitting the high points of local history, focusing on interesting facts and stories rather than trying to give a comprehensive account of the area. The 153- page book features numerous maps and photographs, many in color.

Anecdotes give a clear picture of what life was like for the canyon’s residents, including homesteaders. There are quotes from writings by Harold Baxstrom’s mother, Blanche, who lived in the tiny Rock House with her family. In one place she mentioned that mail carriers going into the canyon often delivered groceries as well because it was such a long trip into town on the bumpy, dusty road. The book quotes her:

“One of the worst problems was when kerosene and flour were ordered on the same trip,” she wrote. “They didn’t mix well, and it seemed like a year before the kerosene-seasoned flour was used up.”

There are entertaining tales of murders and tragic deaths, cattle drives, outlaws and odd characters.

Over time, many parcels in Trail Canyon have changed hands and ownership has been consolidated among three private parties. “We’re one of the three,” Poe said of his family.

What will happen to Trail Canyon in coming decades is, of course, unknown, but Poe hopes much of it can be preserved to resemble its current state.

“The long-range plan is a work in progress,” he said. “I recognize my mortality, and my family’s kids are a distance away, so the logical thing is to sell my piece, put it in new hands. My motivation is to try and find like-minded people with a conservation orientation because I would like to keep it in a preserved mode. Not that there couldn’t be another house, but developments come in all kinds of ways.

“I don’t know what kind of buyer is out there, but I really would like to keep it the way it is now.”

Poe said he would like to see the canyon remaining in the hands of people like Ann Rilling, one owner, and David and Pati Temple at the southern end, who have placed much of their land in conservation easements.

Pati Temple died in February after a long battle with cancer, but she had seen the book and enjoyed it, Poe said.

“When I talk about her, you can tell my voice kind of chokes up,” Poe said. “She did get to see the book before she died. We did get it published in time. I knew the sands were running out on her. She wrote me a beautiful thank-you.”

Poe said “Trail Canyon” has sold well in the Cortez/Durango area. All net profits to the authors are being donated to local nonprofits; Poe said $400 has been given to the Montezuma County Historical Society so far.

Everyone who has lived in Trail Canyon seems to have found it a magical place. The book quotes Leslie Malles, who with her husband Reece lived in Trail Canyon for decades before moving to Nebraska:

“Each inhabitant leaves a positive mark on Trail Canyon and in turn is left with a longing for its beauty and tranquility. . . . The canyon seems to keep its abundance and magic alive knowing that more is yet to come, and others will need to live here. All will be better for the time spent sheltered by its cliffs, nourished by its waters and plants and then preserved in its history.”

Published in April 2013

Reducing cat colonies

A total of 1,790 felines, many abandoned by their owners, have been given a new lease on life by the Feral Cat Project of For Pets’ Sake Humane Society over the past four years.

CAT COLONY

A woman near Cortez, Colo., feeds a colony of about 20 strays. For Pets’ Sake has worked with her to get them all spayed and neutered. Photo courtesy of For Pets’ Sake

The project’s work of trapping, neutering and releasing feral cats is resulting in colony attrition, fewer cats coming into the Cortez Animal Shelter and less euthanasia, said project coordinator Marian Rohman, who also praised the shelter for its cooperation with For Pets’ Sake in placing kittens.

In 2008, a total of 810 cats of 884 that came into the shelter were put down; by contrast, 250 (of 529) cats were put down in 2012, according to For Pets’ Sake statistics. That’s a drop from 92 percent to 47 percent.

So, what does the Feral Cat Project need? Money, yes, and volunteers — but for now, also more cats.

Publicity about the project spread slowly, via word of mouth, Rohman said, yet it led to a waiting list of colonies in need of attention.

“Now that we don’t have a waiting list, we want everyone else to know that we’re out there, so we can start helping them too,” she said. “Of course, once we start calling them, we’ll have a waiting list again — but that’s good.”

Volunteers work with property owners that have colonies of ferals — everywhere from farms to trailer parks. The efforts are labor-intensive, as trappers cannot expect to catch all cats on the first go.

“Everywhere out there, there are cats, generally cats that have been abandoned. They figure out how to make a living. They start having kittens. What we are trying to do is make sure they don’t have kittens,” Rohman said.

“We work with whoever is feeding them, or start feeding them ourselves. We go in and start doing trap-neuter-return. It’s done internationally, where a group goes in, traps cats and puts them back where they came from. They don’t get killed. They don’t get hurt.”

Most property owners are already caring for the cats by the time the Feral Cat Project is called in, she added. “We make sure they can keep feeding the cats.”

In addition to spaying/neutering, the cats are given a rabies shot and a quick exam by a veterinarian who addresses whatever ailments can be remedied during a single visit (few ferals are ever trapped twice). Problems have included abscesses, rotten teeth, fleas, ticks and tapeworms. “They’ve gone through the trauma, but they should come out healthier than when they went in,” Rohman said.

For Pets’ Sake pays for the care. The group is funded through donations and grants, some of which come with rules about how the money is spent. For instance, while one fund may help pay for spay and neuter, it might not allow the money to be spent on other expenses, or food. The Feral Cat Project last year furnished 18,400 pounds of cat food to more than 30 colonies.

“A large part (of funding) is donations. We have people donate directly to the Feral Cat Project and to For Pets’ Sake in general,” Rohman explained. “Of anything that comes in not specifically earmarked, 30 percent goes to the Feral Cat Project. This is one of our biggest programs.”

The trapping work takes at least one person per colony visit and ideally, two or three. “Right now, we’re particularly low on people for trapping,” Rohman said, attributing the shortage to volunteers’ other commitments.

“If people are comfortable and want to, we will provide them with traps and training so they can trap their own ferals and bring them to the vet and work though our program. A lot of people are taking us up on that,” she said.

The project’s goal is ambitious: 100 percent spaying and neutering of ferals.

“The only criterion we have is that the cat has to be outdoor-only. If it’s indoor-outdoor, we consider it a pet. If they live outdoors only, we consider them qualified for our programs,” Rohman said.

However, if there is a colony where owned pets are hanging out with the group and they are not fixed, “we treat them, too.”

Each cat taken in has its ear notched to show it has been spayed or neutered. If the owner of an outdoor-only cat doesn’t mind that, Feral Cat Project volunteers will treat that cat, too. In trailer parks, volunteers post door-to-door notices about trapping activities.

The project has addressed 187 colonies in the past four years and the number of colonies waiting to be addressed is down to 8, from 26. There are usually 40 or more colonies where work is ongoing. A colony can range from a single cat to many more; Rohman has seen colonies with at least 60 cats.

“Our policy is 100 percent spay/neuter. We keep going back until we’ve gotten every cat. We’re always adding in new colonies. If someone has a stray cat living under their porch, that’s fine too.”

Ear-notching comes in handy for tracking purposes. Rohman told of a property owner with about “a dozen” barn cats who contacted the project. Volunteers rounded up 40 cats in three trips. Each one was black and white, so the property owner didn’t realize she had more cats than she thought.

In another case, project volunteers stepped in to help a woman with 20 cats on her property. The woman was no longer able to afford to feed them, but when told For Pets’ Sake would trap them and help with food, she was thrilled, Rohman said in a newsletter.

“Every colony is a story. That’s one of our good ones. We got all the cats on the first try,” she told the Free Press.

Still another property owner, “fed up” with the number of kittens he was seeing, called Rohman and told her to come get the cats. She found 60. So far, volunteers have sterilized 43 cats in the colony, in eight visits.

“He said, ‘Eleven years ago, I just had three cats.’ I said, ‘Yes, this is what can happen’,” she recounted.

The reason the man didn’t have even more cats is because mortality rates are high among ferals. “Only 10 to 20 percent of kittens survive. It [the feral-cat population] doesn’t go up in those exponential numbers that people talk about, because of the low survival rates.”

Feral cats face threats from hunger, each other, disease, the elements, predators and the actions of humans. That’s a tough environment for a cat, let alone a kitten.

While trap-neuter-release programs have spread around the country, not everyone favors them. Groups such as the National Audubon Society and the American Bird Conservancy are bitterly opposed to any attempt to keep feral cats alive, even when they’re neutered. They say ferals kill birds and other wildlife and even pose a threat to humans, because they may carry rabies or other diseases. They maintain that all cats should be kept indoors.

Cat advocates say the whole purpose of the TNR programs is to reduce feral populations and make sure the animals are all vacci nated for rabies. They say ferals pose little if any danger of transmitting disease so long as people don’t try to pick them up. Cats keep rodent populations in check, they say as well.

In March, National Audubon Society writer Ted Williams drew fire when, in an Orlando Sentinel column, he appeared to advocate poisoning feral cats with Tylenol and criticized TNR efforts. Williams cited a Smithsonian Conservation Biology Institute/ U.S. Fish and Wildlife Service study that estimates cats kill 2.4 billion birds yearly.

The National Audubon Society briefly suspended Williams, but reinstated him on March 26, the New York Times reports.

Per the Times, the reinstatement prompted further outcry from cat advocates, who dispute the accuracy of the study. Many of the comments posted to the NYT’s website criticized the study, blaming any wildlife depredations on the underlying cause of feral-cat colonies: people who dump cats.

Rohman expressed similar sentiments. She said the cats do not kill anywhere near the number of birds and small mammals for which they are blamed. Ferals are happier as pets than living on their own, sick and hungry; if they are hunting, it is because of hunger — and it’s not their fault they were abandoned, or born to an abandoned cat.

“People think of them as disposable. When they’re convenient, they keep them; when not, they toss them. That’s what we’re fighting,” she said.

“We’re never going to get them all, because there’s always people abandoning them.”

Not every feral-cat colony story has a happy ending. There are places in Cortez where the colonies simply cannot remain, and there are limited alternative sites for colony relocation. Also, For Pets’ Sake is not able to take many adult pet cats for fostering, because they have such trouble placing them.

“At the shelter, they get exposure; people can see them and get them adopted. We take in very few now. What we’re doing is taking more kittens in general and making sure they’re healthy,” Rohman said.

“We’ve got the money to take care of medical bills more than the shelter does. We’re trying to work to get them a good supply of healthy kittens. But we rarely take in adult cats, which is too bad.”

Grown cats have a very slim chance of being adopted and will likely be euthanized. “We get calls regularly from people with quite-old cats. The shelter is going to have an amazingly hard time finding homes for older cats.”

But cooperation with the shelter is bringing positive results. In 2008, 306 cats that came into the shelter were ferals. The number of feral intakes for last year was 117.

“The staff at the shelter is working really hard to find homes for cats and kittens. They have started transfer programs to areas where they don’t have enough cats and kittens.”

For Pets’ Sake began working with the shelter last fall. The shelter now takes kittens found in feral colonies, socializes and vaccinates them, and puts them up for adoption. Kittens are rarely put down.

The number of domestic cat intakes is declining too, she said.

“They try really hard. They will keep the cat as long as it takes, even adults, for months, if they need to,” Rohman said.

Published in April 2013

Waste not, want not: How the landfill handles trash challenges

The sun glitters off a plethora of glass shards in the blackened soil on the steep north slope of McElmo Creek just outside Cortez. Rain and wind uncover rusted tin cans and other durable debris scattered throughout this modern-day midden, which holds fascinating clues to the local culture of the 1970’s and 80’s, when city residents regularly discarded household trash there.

montezuma county landfill

Partially filled with air and water, a capped water bottle stays inflated through the 3000-psi pressure of the trash compactor that bales refuse at the Montezuma County Landfill. Plastic water bottles are taking up increasing amounts of space in landfills everywhere. Photo by Sonja Horoshko

Today, according to the Environmental Protection Agency’s Office of Solid Waste, the average person in the United States generates 4.5 pounds of garbage per day, more than twice what was produced when that site was the unofficial city dump.

And the content of that trash has also changed, infused with much more plastic – bags, bottles, and other packaging. Additionally, there is a huge amount of electronic waste, including old televisions, computer monitors, and cell phones.

Tightly regulated

Deborah Barton, manager of the Montezuma County Landfill, bristles when anyone calls the current waste depository a “dump,” because it is definitely quite different from a place where trash is simply discarded with no regard to its content.

Ever since a decision by some forward-looking Montezuma County commissioners to purchase a state-of-the-art baling machine for the landfill in the 1990s, its operators have worked hard to stay abreast of new methods of recycling or disposing the various materials that are brought to the site south of Cortez.

Barton, a certified instructor of landfill-management classes in North America, said the landfill is tightly regulated by EPA requirements regarding liners, water control, dust and greenhouse gases.

“We have to document everything we do and plan for maintenance for 30 years after it shuts, after the last piece of the trash it put on the site,” she said during an interview with the Free Press.

The landfill is an enterprise business, meaning it does not rely on taxpayer subsidies, Barton said, with a million-dollar annual budget. “We have to earn our way with balance sheets, profit and loss. What is earned is spent on operating the business. It is not funded by taxes or mill levies.”

Tim Bates, operations manager and foreman, said when they needed a new $35,000 dozer, they borrowed the money from the county, “and paid it back with interest. The county made money from the landfill.”

Barton said she believes the landfill is well-run. “We’re in the black. Our books balance. No personnel turn over and we’re well-run under environmental rules.”

Barton has also served on the Rocky Mountain Chapter of the Solid Waste Association of North America Board of Directors since 2002. In 2005, she received recognition as the outstanding SWANA member for Colorado.

A well-managed landfill with services that are up-to-date under environmental law helps attract companies looking to relocate. If the EPA ever finds cause to assess fines against the landfill for violating laws, the cost would go back to “every single person that put an ounce of trash in the landfill,” Bates said, “but, really, they’re going to go after the companies that can pay.”

Barton said that’s why it’s important that the companies “feel comfortable with us.” “Our industrial clients, like Kinder Morgan, Williams Energy, Waste Management, Ute Mountain Ute Tribe, and many more actually audit the landfill (and we have always passed,” she said.

“As an example, an inspector from one company said we were well-organized and have all the services and equipment,” she added. “ He gave us a 5A rating, which, he said, was rare for him.”

Oodles of bottles

Trash is America’s biggest export, according to Edward Humes, author of “Garbology: Our Dirty Love Affair with Trash,” He writes, “Wastepaper and scrap, plastic bags, napkins, paper, plastic utensils become instant trash the minute we buy it. It’s then exported as trash from our landfills to China, where it is re-cycled into new products, shipped back to the US and it begins again.”

The high cost of such throw-away consumerism hides in landfills, said Humes. “But it doesn’t disappear. It drags down our economy, our environment, and our future.”

Calling the bottled-water industry the grandfather of wasteful industries, he notes that on an average day, Americans toss out 60 million water containers — 694 a minute.

Bates is well aware of the problem of plastic water bottles. He began working at the Montezuma County Landfill in 2002. In his second year he was operating the industrial-scale equipment that crushes an average 22 bales of compacted trash per day, each weighing 1.2 tons, from the loose refuge brought into the bays by individuals and contract haulers.

One day, he recounted, as a bale came extruding out of the bin, he noticed an egg sticking out of a corner edge on the bale and reached for it, thinking it must be hardboiled to have survived 3000 psi of pressure and 11-gauge galvanized strapping.

“I pulled it out of the bale but it slipped from my hand and crashed on the floor, splattering raw egg all over my boot,” he said. “I thought to myself that if a raw egg could survive that pressure then how many near-empty plastic bottles with the lids screwed back on will go through the whole cycle, pressure, strapping and all, and remain inflated? I knew it was a lot. It takes up a lot of space and time before that bottle breaks down.”

Money from sewage

Worldwide, another enormous problem of waste managers is dealing with human sewage. In 2010, Barton and Bates finished and passed intense courses in Landfill and Biosolid Compost Management certification. Soon after, they began a collaboration with the Cortez Sanitation District to manufacture biosolid compost on-site, using the “grit” (biosolids) from the district and carbon sources (wood chips) stockpiled at the landfill.

According to the Northwest Biosolids Management Association, modern treatment processes and strict controls on discharges to sewers contribute to high-quality, recyclable biosolids. A typical treatment process takes the water from homes, businesses and industry to a pre-treatment source and from there to a treatment process during which the grit/biosolids are collected and stabilized by beneficial organisms that decompose, then digest the solids.

The stabilization reduces odor and destroys harmful pathogens contained in the biosolids, which can then be recycled directly onto soils in the forest or on agricultural land. The material can also be composted for landscaping and gardening. Environmental and public health is ensured through monitoring of the biosolids application site and extensive research.

In a statement, Alan Rubin, senior scientist with the Water Environment Federation/ U.S. EPA explained that, “the EPA’s 503 regulation concerning biosolids use is based on sound science and supported by twenty-five years of research, operating experience and an extensive risk assessment. The regulation provides for the safe recycling of biosolids and is fully protective of human health and the environment.”

Barton said the training she and Bates received “is really more a white-collar application of waste-management biology, microbiology and mathematics – an essential application of formulas and environmental, biological sciences to understand the microbial processes that qualify the finished compost for sale to the public.”

Now that training is being put to use, and Bates has designated a location for the composting on the top tier of the landfill where sanitation-district trucks dump the grit/biosolids. In the first step of the process the grit will be mixed with carbon material and laid in wind rows, exposed to sun (and rain if there is any) to assist in the decomposition.

The recipe is one-fourth grit/biosolids to three-fourths carbon material. “I need more carbon,” Bates said. “It’s a desert climate and carbon is harder to get here,” he said as he pointed to three small mountains of chipped wood and branches accumulated over the past year.

“I am looking at 1,760 tons of biosolids per year, which means I need 8,280 tons of carbon material to work the material into a product that the consumer can safely use.”

The compost is destined for four markets – landscaping and gardening, forestry, soil improvement, and agriculture. In oil and gas country such as Montezuma County, the microbes in compost can degrade some toxic organic compounds, including petroleum, and therefore the compost is often used to restore oil-contaminated soils.

The process takes only four months from the initial mix to the finished product and Bates is cautiously optimistic since this first batch will also be his steepest learning curve.

“I expect the actual ready date to be in October,” he said, “and that I’ll have no problem selling what we make.”

The batches will be sold only in cubic yards at a price far lower than bagged compost sold at retail outlets. “It’ll be a lot less expensive than the bagged compost, but a buyer needs a truck or trailer to haul it,” Barton said, adding “Customers are already asking to be put on a waiting list.”

Electronic debris

Consumers don’t consider the eventual disposal of an electronic device at the point of purchase, but the waste-management industry does. A recent National Safety Council study predicts that over 300 million personal computers will need to be recycled over the next four years. The EPA estimates that 80 percent of all discarded computer systems find their way into landfills. Personal-computer equipment, which is as much as 6.3 percent lead, is hazardous waste that can poison and overwhelm landfills. Proper computer-recycling procedures are essential because computer equipment also contains cadmium, mercury and precious metals.

Beginning in July, Colorado state law will prohibit haulers from taking e-waste.

The state already bans these items from the landfills if they come from commercial, industrial or institutional sources.

“That’s the law we have complied with for 10 years since the Colorado Office of Energy Management helped fund a special turnin event for Southwest Colorado in 2002,” said Barton. “We implemented this program knowing that it would become law for everyone someday.”

Since then, Montezuma County Landfill hosts two e-waste events per year during which electronic trash can be turned in for a modest disposal fee.

In 2012 the e-waste program collected nearly 12 tons of material, which included 266 commercial/residential monitors and TVs and 184 scanners/printers. The e-waste is then shipped to Natural Evolution in Tulsa, Okla., for recycling. That business is reportedly dedicated to recycling with a minimum carbon footprint.

Rebates for refrigerators

All material disposed of at the county landfill is solid waste. However, some materials are handled differently. Appliances containing freon or ammonia must be disposed of by a licensed/certified technician.

Freon, which creates holes in the ozone layer of the earth’s atmosphere, is banned from improper release to the atmosphere. In order to comply with federal and state laws, the landfill requires a completed certification statement be provided.

A few years ago, Empire Electric saw an opportunity to work with the landfill by creating an appliance turn-in event that targets refrigerators and freezers.

Bobbe Jones, assistant member-services manager, said any member of Empire Electric may turn in up to two appliances at the landfill. Each appliance requires a certificate that can be picked up at the Empire Electric offices in Cortez, Monticello or Dove Creek and brought along with the appliance. Co-op members also get a $50 credit per appliance (up to two only per year) applied to their electric bill. The landfill then contracts with a local firm to remove the freon from the old fridges and freezers.

Money credited back to Empire Electric co-op members participating in the program over the last six years totaled $56,550, or 1,130 units. The high point was 2010 when 298 units were turned in.

The event begins in Montezuma County on Earth Day, April 22, running all week until April 27, during regular business hours at the Montezuma County Landfill and at Bob’s Place, an appliance-repair business located at 804 S. Broadway in Cortez.

The turn-in program is also available at the San Juan County Fairgrounds on Saturday, April 27, in Monticello, Utah, and help will be available to unload appliances.

Barton noted that both Empire Electric and the landfill have received national recognition for this program. “It’s four efforts for the price of one,” she said. “Energy conservation, metal recycling, hazardous refrigerator safety and illegal dump clean-up where people are taking the refrigerators and freezers off of illegal dumps on public lands.”

Another spring event coordinated by the landfill and the city is the Cortez Clean-up Week, May 6-11. Trash haulers will take yard and disposable household trash for no additional charge. Information will be posted on the city web site, cityofcortez.com.

Solutions to some landfill issues remain elusive. Such problems include hazardous household waste (such as paint, turpentine, and strong cleaning fluids), and prescription drugs. Both require emergency responders on site and in the case of prescription drugs, disposal requires coordination with local law enforcement and the Drug Enforcement Agency.

“If somebody drops off a glass jar and nobody knows what’s in it, we call on the emergency responders to get us through it. That’s expensive,” said Barton.

Mesa County, Colo., has a household hazardous- waste facility that costs $500,000 annually to operate. “That’s half our budget,” she said.

Published in April 2013

Questions about cleaning up contaminated sites

Commissioners debate the ethics of using grants to improve private tracts

A discussion about cleaning up possibly contaminated properties in Montezuma County has prompted concern among the county commissioners over any use of grant funds to benefit private landowners. At a meeting March 18, Commissioner Keenan Ertel raised strong objections to using taxpayer dollars on blighted properties.

“Spending money on a derelict piece of property and a derelict owner and getting his property fixed up so he can sell it and make money off it. . . I think there’s a fundamental wrong and a fundamental break in what’s right,” Ertel said.

At a later meeting, the board did decide to approach the owners of two such tracts about a clean-up, according to County Administrator Ashton Harrison, but the fate of some other properties remains uncertain.

Ertel’s comment came during a discussion with Mark Walker, project director with the Colorado Brownfields Foundation. The non-profit foundation helps municipalities and local governments that want to clean up sites that may be contaminated, such as old junk yards, dry-cleaning businesses and gas stations. It does not actually clean up the sites, but provides technical support in assessing the degree of contamination and then in helping the entities find funds to pay for the clean-up.

Earlier this year, the county planning commission prioritized six sites as having a high priority for clean-up because they are on the gateways to municipalities.

Two of them are the former M&M Truck Stop and restaurant complex at Highway 491 and County Road G south of Cortez; and the former Wild Wild Rest convenience store and Sinclair gas station on Highway 160 between Mancos and Cortez.

Others were:

• The former Novotny junkyard on Highway 491 north of Cortez;

• The Mesa Oasis RV Campground on Highway 491 south of Cortez;

• The old dump for the town of Dolores on Highway 184;

• A drilling-equipment yard on Highway 491 just north of Cortez.

On March 18, Planning Director Susan Carver was seeking permission from the commissioners to approach the landowners to see if they are interested in help getting their tracts improved. The effort would be voluntary; the county is not trying to force the owners to take action.

Funding to clean up “brownfields” comes largely from the U.S. Environmental Protection Agency, which began a program in 1995 that provides grants for such projects. The agency defines a brownfield as “a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.”

Walker, who has visited with the commissioners several times, said some of the six properties prioritized by the planning commission may not be contaminated but are perceived as being so, making them difficult to sell. “The perception about these sites has prevented them from being redeveloped,” he said.

“The purpose of brownfield [assistance] is for the community to say, ‘This is a priority site. We believe it’s worthy of assistance.’ You attempt to level the playing field, either remove those perceptions by finding out there’s no contamination or you quantify what the clean-up is to be so the buyer knows the cost of the clean-up.”

In the case of the M&M and the Sinclair, Walker said, it is known that old gas storage tanks have leaked underground; however, there may be a misperception that the contamination is more widespread than it is. He said he had talked to a woman at a local bank who told him, “We don’t lend down there any more[the M&M area] because everybody knows the contamination goes all over.”

“It’s not true,” Walker said, “but as a bank they don’t want to take the risk.” The Brownfields Foundation can help owners get technical assistance from the state or EPA in the form of a two-phase assessment of a potentially blighted property.

The first phase ascertains if the property is contaminated; the second phase determines the extent and estimates the cost of clean-up.

Walker said an example of how the program might work is the Novotny junkyard.

“It was 60 acres of dead cars at one time,” he said. “It could be a relatively easy cleanup if they never crushed cars out there, but who’s going to risk the $30,000 to $50,000 for an assessment to find out?” He said the ground could contain lead from batteries, chrome, gasoline, or oil, but if cars were crushed, that location could contain antifreeze, hydraulic fluids, and more.

As another example, he said, the Mesa Oasis Campground is covered in graffiti and “looks awful,” but a Phase I assessment might clear up the perception that it’s contaminated from an inadequate septic system.

But Ertel raised the question of whether it was right to spend taxpayer money to help a landowner who might then realize a profit from selling the property.

In the case of the M&M, he said, “Let’s say it’s $600,000 to clean it up, and the property owner has gotten $450,000 in grant monies from somebody to do that. Then the Hilton Hotel pays him $1.3 million for that property. Is he not responsible to refund that grant money?”

Walker said old gas stations are different from the other cases because they have paid into an insurance fund, the Petroleum Storage Tank Fund, and can access that fund to recoup the costs of a clean-up.

However, if time goes by and the property owner doesn’t remediate the property, he or she is penalized by losing access to some of the funds.

Ertel said he would like to see gateway areas improved, but only if the property owner would not realize a net gain from the use of grant monies.

“It’s 100 percent benefit to the community, but I cannot tolerate irresponsible landowners that have let 25 percent of their insurance erode away and now John Q. Public has to come in and clean it up,” Ertel said.

Commission Chair Steve Chappell agreed. “No, I don’t think taxpayers should pay for issues the owners created,” he said. Commissioner Larry Don Suckla was absent that day.

Walker said in some cases, property owners may not have the money to do an assessment, especially if they fear learning that an expensive clean-up might be required. In other cases, projects may be hampered by ongoing litigation.

“There’s no question in my mind those sites need to be dealt with. Everyone knows they’re eyesores,” Ertel said. “I just want the property owner to be fully involved… If he’s going to make a buck off of it I’d like to have some way to not let him come out of there with a pretty little net gain.”

Walker said, “If there’s a Phase 1 and 2 done at $60,000 expense and you find out you have a $250,000 cleanup, a smart buyer will knock down the price $250,000. Are you comfortable with that scenario?”

Ertel said no, because the owner would still have received a $60,000 grant he did not have to pay back.

“The potential buyer won’t risk that $60,000 to find out he might have a milliondollar cleanup,” Walker said.

The commissioners asked whether the owner could be required to repay the costs of the initial assessment, but Walker said the grants are from a non-revolving fund and are designed to be “disappearing.”

“The county will benefit from the redevelopment,” he said.

But Ertel said that was not his primary concern. He and Chappell mentioned the federal bank bailout in 2008 and 2009 and the problem of the burgeoning federal debt.

Ertel said he would be much more comfortable if the county were able to get title to the blighted properties; then it could utilize the grant funds and return them to its own coffers when a property was sold.

“That’s fairly aggressive on the part of the county,” Walker said, adding that most counties don’t want the title to a contaminated site “because they’re afraid of walking into a godawful mess.”

Cortez resident Bud Garner objected from the audience. “Where does it stop? Under what conditions can a county own land?” he asked.

“Once you start down this slope the grease just gets thicker,” Garner said. “When do we quit using government to bail out business in the private sector?”

“There is another wrinkle,” Chappell said. “A lot of people would like to see the economy improve and things be cleaned up. When things fail, it’s a blight on the whole community. That’s just another perspective – I’m not saying I agree.”

Chappell mentioned the past clean-up of old uranium mines with radioactive material.

“The danger of those uranium tailings is largely overblown,” Garner said. “Yeah, they do pose a risk to some people.” But paying for those clean-ups was acceptable because the mines were operated under contract with the Defense Department, he said. “The county government did not contaminate the M&M.”

Harrison later told the Free Press that the commissioners had decided to allow Carver to approach the current owners and/or potential buyers of the M&M and the Wild Wild Rest about a clean-up because the source of the monies would be the Petroleum Storage Tank fund rather than taxpayer- funded grants.

Walker told the Free Press it would benefit the community to have eyesore sites redeveloped, and grant monies not used here will be spent somewhere else.

“I think there’s a solid majority out there that would like to see these sites addressed and they have not made that representation to the commissioners,” he said. “It’s time to hear from those who are in favor.”

Published in April 2013

Debating a lease renewal for the Navajo Generating Station

The Navajo Nation Council has approved a controversial renewal to the tribe’s lease with the Navajo Generating Station near Page, Ariz. – but with 15 caveats that could break the deal.

Navajo Nation President Ben Shelly gave the thumbs-up to the lease extension in February, after it was negotiated between a team of experts assembled by him and representatives from the Salt River Project, part owners of the coal-fired power plant. The extension proposal raises annual tribal revenues from about $3 million a year secured in the original 1969 lease to $44 million a year during the tenure of the new lease, between 2019 and 2044. But when it was presented to the Navajo Council in early March, delegates bristled at having been left out of the negotiations.

At first, the council ruled the legislation out of order, citing a little-known and never-before-used portion of the Navajo Nation code that mandated legislative representation on energy deals.

Then, during its regularly scheduled spring session in mid-April, council delegates spent hours dissecting the lease extension’s details – and chastising the executive branch for excluding council during the drafting stages. Even though Shelly sent a letter to the council asking them to pass the extension – and visited chambers at one point while they deliberated – the council demurred, and tabled a decision until April 29.

At the conclusion of the spring session, the council had proposed six amendments to attach to the lease, should they approve it. By the time they passed it on Monday, that number had grown to 15.

Among other points, the amendments attempt to solidify the Navajo Nation’s rights to 50,000 acrefeet a year of Colorado River water the tribe has been leasing to the Navajo Generating Station since the plant’s opening.

They also want to see more careful control of fly ash, a byproduct of coal-fired electricity production that contains toxins but is currently unregulated by the federal government.

They want NGS employment practices to reflect Navajo hiring preference more rigorously than the lease extension had initially spelled out. They’ve even asked to add a bit of political activism into the lease’s language, with the statement, “The Navajo Nation hereby declares that the United States’ contractual interest, held by the Salt River Project for the Bureau of Reclamation, to the power generated by 24.3 percent of the Navajo Generating Station’s capacity is in direct conflict with the federal government’s trust responsibilities and duties to the Navajo Nation and the Navajo people.”

It is unclear whether the lease extension will fail as a result of the proposed changes; Shelly’s spokesman Erny Zah had earlier suggested that it could. On Tuesday, he said the negotiating parties would be scrutinizing the proposed language changes.

Scott Harelson, spokesman for the Salt River Project, issued a statement noting that the owners of the Navajo Generating Station “are thankful that the Navajo Council has voted to approve legislation that would extend the lease for this important Arizona resource. However, the action taken by the council last night also included the addition of several new amendments. The NGS owners will meet to review the implications and discuss the new amendments to determine how to proceed.”

Harelson pointed out that NGS provides electricity for millions of customers in the Southwest and jobs for about 520 people, more than 85 percent of them Navajo. The Kayenta Mine, the plant’s coal supplier, employs more than 400 people, most of whom are also Native American.

And he cited a recent Arizona State University study indicating that NGS and the Kayenta Mine stand to contribute nearly $13 billion to the Navajo Nation economy through sustained jobs and wages, the station it stays operational until 2044.

NGS faces daunting challenges besides the thorny lease-approval process. The EPA recently announced proposed pollution controls related to regional haze that could cost the plant $1.1 billion if they are enacted. And part owners of the plant in both Nevada and California – the Los Angeles Department of Water and Power, and NV Energy – have made moves to abandon coal-fired electricity production at NGS in favor of cleaner energy. That would leave SRP, the U.S. Bureau of Reclamation, Arizona Public Service and Tucson Electric Power to travel the costly road ahead.

Economic benefits aside, there’s a vocal segment of the population both on and off the reservation that wouldn’t worry much over the plant’s closure. Those are the grassroots activists who point to decades of low tribal revenues from the plant, air pollution they blame for sickening nearby residents, and many years of water withdrawals from the N-aquifer by Peabody Coal, NGS’s supplier, which residents say has dried up sacred and sustaining springs in the Back Mesa area.

“We are the suppliers of cheap energy for the rest of Arizona,” Nicole Horseherder, a lifelong resident of Black Mesa, told the Navajo Council during its spring session. “But we can’t do this by putting the 800 combined jobs of the mine and NGS over the health of thousands, and the livelihoods of more than 20,000 Black Mesa residents. All of us need clean air, clean water, productive and clean land. Not land damaged by mining … and air polluted by poisons.”

Activists have long argued that the Navajo Nation should steer away from coal and toward renewable-energy options.

This story was adapted from Anne Minard’s ongoing coverage of NGS for Indian Country Today, online at indiancountrytodaymedianetwork.com.

Published in May 2013 Tagged

What lies ahead for the San Juans?

The future of Colorado’s forests, farms and open spaces will be determined in part by the usual culprits associated with climate change – the pine-beetle plague and wildfire. But the future is also being influenced by strange bedfellows like bindweed and prairie dogs, according to a presentation given by Tim Seastedt, a professor of ecology and evolutionary biology with the University of Colorado.

MARMOT NEAR SILVERTON, CO

Marmots such as this one near Silverton, Colo., have been emerging from hibernation an average of 38 days earlier than in the past. Photo by Gail Binkly

Researchers are documenting how climate change – in the form of warmer average temperatures across the West – is contributing to different ecological patterns in the natural world. In addition, the warming trend’s impact on Colorado agriculture could alter historic growing seasons, Seastedt explained to a packed auditorium at Fort Lewis College in Durango on March 26.

“Southwest Colorado’s temperature has [on average] risen two degrees Fahrenheit over the last 30 years. The irrefutable pattern of warming is evident and believable,” Seastedt said. “The real question is, how much control do we have during this change process?”

Precipitation levels are expected to stay the same for Southwest Colorado, but the hotter weather will likely result in a more arid climate overall due to increased evaporation.

Scientists at CU are documenting changes in climate, wildlife populations, and natural and invasive vegetation patterns throughout Colorado.

More fires, worse fires

Warmer weather reduces snowpacks earlier, which contributes to disturbances such as wildfire. And the effect seems to occur even during heavy-snow years.

“Two years ago we had some extreme snows, but in spite of the heavy precipitation at high elevations, the bottoms of the mountains were on fire very early in the year. Already we’re seeing fires this year, so it is worrisome,” Seastedt said.

Last year on June 24, there were eight fires burning at once in the state. Firefighters are bracing for another extreme fire season.

“Historically, the major fire seasons of 2010 and 2012 are not off the record, but they are outliers,” he said. “A new phenomenon is Colorado joining California in being unable to defend subdivisions from fires starting in adjacent forest, as was the case in Colorado Springs last year.”

Climate models using the continuation of the two-degree warming trend predict a startling fire-return interval that is six times greater than it is now.

For wildlife, changes are also happening. The rapidly melting snows and drier conditions have prompted marmots to come out of hibernation on average 38 days earlier than in the past. Bears in the San Juans mountains are reportedly emerging from their dens earlier as well.

Beetle proliferation

The huge forest die-back in Colorado caused by the ravenous pine beetle is a result of prolonged drought. Pine trees defend against the beetle by pushing out sap, but a water-stressed tree runs out of defenses and is overwhelmed by the bugs.

Disturbingly, the longer warm season has created a new life cycle for the beetle, Seastedt explained. Beetles now emerge earlier than before and have time to complete spawn two generations rather than the usual one. One female produces 50 eggs and 50 offspring in one generation. Add a second generation, “and the math gets scary,” he said, with 2,500 larvae being produced.

The result is a more-destructive forest dieback from beetle kill over a shorter period of time.

“This kind of violates the rules of what we have seen as to how these outbreaks work in the past,” Seastedt said. “Historically, they would be watershed-specific. Now it is a severely stressed landscape over an amazing spatial scale and the regional change is in turn amplifying other changes.”

Meadow creep

The result: more meadows, fewer forests. This is not necessarily a bad thing from a biologic-diversity standpoint.

What is happening is a lesson in ecology and dendrology, the study of trees. For millions of years forests have bounced back after beetle kills and fires, but because they are getting hit two or three times in a short time frame, that is not happening. The reason is lack of seeds, plus the fact that the hotter, drier soils prevent the establishment of seedlings that do exist.

“Immature forests are getting hit before they produce their propagules (seed banks), then the system essentially lacks a seed source and becomes a herbaceous system,” Seastedt said. “This is becoming the common model.”

The new norm within a forest matrix is expected to go from forests with occasional meadows, to meadows with occasional forests. This favors many “generalist” (nonspecialized) animal species, Seastedt said, but is a disadvantage for others.

“Lodgepole forests have less biological diversity. It is a monoculture with no understory and they have the lowest species richness in Colorado. To be honest [damage by fires and beetle kill] has opened up these areas and we have seen a more interesting landscape.”

But there could be a downside. How this new system will impact snowpack, snowmelt, regional climate, and water-partitioning is poorly known and needs more study, he said.

Keystone species

And now the prairie dog is playing a surprising role in climate change because its unique relationship with bindweed is creating an unexpected destructive force.

Bindweed is the bane of many weekend yard warriors. The invasive weed with its pretty flowers thrives in the drier, hotter temperatures. It is not expected to outcompete native plants overall; however, in and around prairie-dog colonies the weed is proving problematic.

Bindweed contains an alkaloid that is poisonous and most animals, including prairie dogs, ignore it. In a colony, the weed becomes dominant as the prairie dogs select other plants to forage on.

But over winter, bindweed loses its poisonous potency, and it becomes a convenient stored food source for the prairie dogs in spring. The result is a lunar landscape, devoid of vegetation, made worse by hotter, drier weather that hampers the growth of native grasses in spring.

The outcome – once spring winds arrive – is huge dust storms, stripping the topsoil and changing the landscape.

“Dust storms caused by prairie dogs are a fairly new phenomenon, and it is changing the rules of what vegetation is going to exist there,” Seastedt said.

The spread of shrubs is a probable result, he said, with more sagebrush, but the exact effects are unclear and little-studied.

Simply exterminating prairie dogs isn’t the answer, he said. Having fewer prairie dogs (in the Four Corners the species is the Gunnison prairie dog) means less biologic diversity. This charismatic rodent is considered a keystone species, meaning its presence and colonies attract dependent species such as the burrowing owl, mountain plover, and predators like hawks.

More growing time, but not more water

The hotter conditions have researchers forecasting a longer growing period of three weeks for domestic crops and other vegetation. But the precipitation is expected to stay constant, meaning the same amount of moisture is getting spread out over a longer period, Seastedt said, increasing evaporation. This affects dryland farmers more than irrigators with a predictable water supply, although more evaporation is expected to impact the whole region.

Farmers could grow earlier, but drier conditions spell out less production overall. Plus there is the risk of frost if crops are planted too early.

Non-native plants are more adaptable to the drier conditions, which is changing the competitive matrix of vegetation, Seastedt said. For example the non-native cheatgrass is greening up earlier, stealing nutrients and water from those native species that evolved to green up later to avoid frosts.

Cheatgrass is especially insidious because it not only fuels wildfires, it benefits from them afterward, returning to the burnt landscape with more vigor.

Seatsedt said protecting the public against wildfires and preserving water sources are the main social needs of a warmer climate.

“A longer growing season is in play, and the more-arid conditions are setting us up for more-radical changes,” he warned.


The Mountain Studies Institute, headquartered in Silverton, Colo., is a leading research group studying the impacts of climate change on the Southwest. They conduct research on alpine and desert environments in the Four Corners area. Here are some highlights from a comprehensive study called “Climate Change Assessment for the San Juan Mountain Region, Southwestern Colorado”:

• A consistent warming trend in Colorado since 1970 is projected to have significant effects on snowpack, even without a decrease in precipitation. From 1978 to 2004, snowmelt shifted two weeks earlier on average on Colorado’s Western Slope.

• Between 2040 and 2069, decreases in snowpack below 8,200 feet are expected to be between 20 percent and 60 percent. Above 8,200 feet the reduction is expected to be 10 to 20 percent.

• Predicted warming and drying will expand the range of many exotic species including cheatgrass, spotted knapweed, yellow star-thistle, red brome, and leafy spurge.

• Canada lynx may lose habitat following large-scale wildfires, which are predicted to increase as a result of climate-induced warming and drying.

• Warming trends could impact alpine areas as lower vegetation moves to higher elevations. The American pika, a high-elevation species, has limited upward movement from its habitat and may be vulnerable.

• Stream flows for the Upper Colorado River Basin are expected to diminish 10 to 25 percent, compared to flows from 1900 to 1970.

For more, see www.mountainstudies.org.

Published in April 2013

Seeking to stave off an endangered listing for the sage grouse

Still hoping to stave off an endangered-species listing for the Gunnison sage grouse, the Montezuma and Dolores County commissioners have signed a memorandum of understanding with eight other counties saying they will work together to improve the bird’s viability.

“The Parties, individually and collectively, intend to ensure that reasonable and adequate work is being conducted, and shall continued to be conducted, to reach the goal of increasing the current abundance, viability and vitality of Gunnison Sage-grouse and their habitat,” the MOU states. “The purpose of this MOU is to identify measures and strategies to achieve this goal. This will be accomplished by sharing data, strategies, plans and tools, engaging in dialogue, providing among the Parties and to others recommendations and critique and fostering a rangewide perspective on Gunnison Sagegrouse and their habitat.”

The MOU does not commit any of the counties to spending funds or doing anything specific about the grouse.

James Dietrich, Montezuma County’s federal-lands coordinator, said the commissioners have not talked yet about specific actions they might take to aid the grouse. “The whole range of tools is on the table,” he said. “We’re still working with all these counties to see what works best for the particular area.”

The U.S. Fish and Wildlife Service, which administers the Endangered Species Act, has proposed listing the Gunnison sage grouse as endangered. The population of the grouse, a smaller species separate and distinct from the greater sage grouse, has dwindled to about 4,500 birds total, some 4,000 of those in the Gunnison Basin, the remainder in a half-dozen satellite populations scattered around Southwest Colorado and Southeast Utah.

A public-comment period on the proposed listing and the designation of about 100,000 acres of critical habitat for the bird ended April 2.

Concern over the effects the listing might have on grazing, energy development, and other activities on both private and public land has prompted angry and indignant letters in local newspapers. Meetings to discuss the proposed listing have been packed.

On March 13, a number of officials from area counties met in Dove Creek, Colo., to talk over strategies for possibly precluding the listing. The meeting was organized by John Whitney, an aide to Colorado Sen. Michael Bennet.

“I work in nine counties and I see a lot of counties really struggling with this issue,” Whitney said. “There is a lot of sentiment and concern that it would be better if we could keep this species off the endangered list. . . .

“We’re all pretty clear, the stakes are pretty high here.”

He added that the announcement of the proposed listing “felt like a kick in the gut. I think everyone felt that.”

Seeking a win-win

One of the main thrusts of the meeting was learning from representatives of Gunnison County how they have managed to keep their sage-grouse population stable. The Gunnison Basin birds are the only population that is not in decline.

Gunnison County officials said one key factor was the development in 2005 of a Gunnison Sage-Grouse Strategic Committee made up of 13 representatives of key agencies and interests. The committee, which is appointed by the county commissioners and receives some county administrative support, works with landowners to help ensure that their activities don’t harm the birds.

Asked how such a committee was better than Fish and Wildlife overseeing activities, the Gunnison County representatives said it’s always better to deal with locals than federal officials.

“We had our largest landowners, who generally don’t like any regulation, coming to us saying, ‘Help us [avoid a listing]’,” said Gunnison County Commissioner Paula Swenson. “They said, ‘We would rather be dealing with you than the federal government any day.”

“We weren’t happy about it,” said Greg Peterson of the Gunnison County Stockgrowers’ Association and a member of the strategic committee. “We didn’t celebrate having to do this.”

However, he said, ranchers were tired of grazing being the focal point of concern about activities that might harm grouse, and felt it would be good to have some level of local regulation.

The committee’s No. 1 goal is conservation of sage grouse and precluding the need to list them, Swenson said. The committee works with people who live near grouse.

For example, in a subdivision with a sizable population of grouse, some people with an active lek (a site where male birds strut during mating season) on their land wanted to build a home. A biologist examined where the lek was in association with the house. He suggested they put up some berms, change their lighting so it didn’t shine on the lek, and move their driveway.

“So just some tweaking made it better for the bird, and they were able to build their dream home,” Swenson said.

Peterson said the committee doesn’t tell people they can’t do something, “but if we can find a win-win situation where both sets of needs can be accomplished,” it’s a benefit.

“In my mind [having the strategic committee] gives you more credibility dealing with this listing and saying it’s not warranted,” he said.

Swenson said energy development in their county is generally not in the sage-grouse areas and has not been much affected.

In the spring some public roads are closed during lekking activities. “Private landowners can still go in, but from March 5th through May 15th the roads are shut down,” Swenson said. “The first year it was bad. We had a lot of bolt-cutters out there cutting chains and bolts, but over time” people accepted the need for the closures.

New predators

Jim Cochran, Gunnison County’s wildlife conservation coordinator, said the road closures are among some substantive things the strategic committee has accomplished that help the grouse to survive.

In 2006 Gunnison County adopted landuse regulations for activities on private land that sunsetted in one year, in order to see what they would accomplish and how they would be administered.

After a year, Cochran said, the county adopted permanent regulations. “The rooms [at public hearings] were not nearly as full this time because landowners had seen how they would be enforced.”

Cochran said Gunnison County doesn’t regulate agriculture because “it’s a well-managed industry that benefits the grouse.”

The county has found ways to minimize impacts to sage grouse, and their population is stable to increasing, he said, yet development has been able to continue.

Talk about saving sage grouse inevitably leads to calls for ramping up predator control, something many locals see as one possible silver lining to concern over the grounddwelling birds.

Dolores County Commissioner Ernie Williams said in Wyoming, “the government flew [airplanes] for coyotes every day and grouse did OK.”

Peterson responded that predator control is a thorny issue because “in our area, there may be a public outcry if we start to shoot fox and coyotes and birds and everything like that.”

He added, “The level of science we were being told we would have to get to show that predator control was being effective – it’s a high bar.”

Cochran said although there is evidence predators are affecting Gunnison sage grouse, the relationship between predator and prey “gets messy quickly.”

Today there are introduced predators for which the grouse didn’t evolve defenses, such as red fox, plus “subsidized” predators like ravens, which have proliferated because of man’s activities. Cochran said a Christmas bird count in Gunnison County in 1953 found only one raven – this year over 400 were counted just around the landfill.

Ravens are extremely smart, he said, and prey on grouse eggs and chicks.

‘Time is short’

Whitney said another tool is candidate conservation agreements with assurances, known as CCAAs. These are agreements that a landowner enters into with Colorado Parks and Wildlife. A CPW biologist visits the property to see if the owner is doing a good job protecting sage grouse, and if so, Whitney said, “this can serve as a safe-harbor agreement so if the species is listed the landowner has protection from the Fish and Wildlife Service coming in and saying, ‘We’re going to change how you’re operating on your land’.”

Chris Kloster of CPW warned that CCAAs aren’t a “get-out-of-jail-free card” and won’t fit every landowner, but can work well. “I don’t understand why a landowner wouldn’t sign up for one,” he said.

Whitney said many people wonder why Fish and Wildlife is talking about listing the bird when the Gunnison Basin population is growing. He has been told that biologists are concerned that the satellite populations are all declining; some have dwindled by half since 2001. “We have to find a way to be able to replicate some of what Gunnison has done, but time is short,” he said.

The group agreed that it was worthwhile to try to persuade the agency to drop or delay the proposed listing rather than simply planning to fight it in court.

Whitney said he had asked the Congressional Research Office to find instances in which someone had successfully litigated a listing, but they couldn’t find one. “I think people should be clear that the legal precedent is not encouraging,” Whitney said.

David Baumgarten, attorney for Gunnison County, agreed. “We can take it there and we can give it a walloping good fight but I can’t guarantee we will win.”

However, Baumgarten said, if the agency can be persuaded that new local action is being taken to help the birds, it might possibly hold off on the listing. “We’re going to feel the effects locally so we need to do something locally,” Baumgarten said. “If we don’t do something, shame on us.”

Whitney agreed, adding that he believes the agency’s decision is not set in stone but it needs to be able to see new things happening on the ground. He said Colorado’s senators and Third District Rep. Scott Tipton are on board to help in any way they can.

“We have a fighting chance,” he said.

Published in April 2013 Tagged

The numbers crunch

Water, water, everywhere, but there is not as much as one would think – particularly in consideration of our ever-burgeoning population.

When it comes to arable soil, there is a finite limit as well, but with modern methods and (ugh) chemicals, we can produce on food on fewer acres. But as of yet we have found no way to make fresh water in quantities large enough to provide potable water for the masses or for agriculture.

The standard formula of three tells us water is one of the most critical elements to survival. Three minutes without air, three days without water, 30 days without food.

There are many parts of the Bible I question, as those who know me are aware. But the most problematic is this: Be fruitful and multiply. We have been killing one another for millennia, decimating our past populations, yet we have continued to multiply at a rate that could threaten the survival of our descendants if they do not maintain a proper balance with nature and its life-giving support.

Our planet is currently at 7 1/2 billion and by 2050 is expected to be around 12 billion.

I have asked people on many levels, what do they think is the greatest threat to the planet? All state the same thing: overpopulation.

And yet, as Mark Twain stated about the weather, everyone talks about it but nobody does anything about it.

All other problems will be moot if overpopulation is not sensibly discussed. How are we to rein in this growth? If we care only about the now, that is a selfish attitude.

We have a group in Washington feathering their nest, accepting no blame for the present problems fostered on the existing population. Now, stop and think what is to happen when the population spins out of control. Chaos will be the result. There will be food shortages, sure, but more likely are shortages of clean drinking water in the poorest regions of the earth.

When I was a youngster in sixth grade I remember my teacher stating that as population grows uncontrollably we may in time have to garner our food from the seas. Little did she know that in my short lifetime we would have polluted and over-fished the seas to the point where we can no longer depend on them for healthful food. Out of sight, out of mind. The ocean is now in places vomiting up the garbage we flushed into it.

To illustrate let’s turn to a catastrophe that just happened to 4,000 joyous vacationers on a small “island” stranded just a few short miles in the Gulf of Mexico. When the engines of their cruise ship were destroyed by fire, things deteriorated rapidly, and the worst problem of all was lack of water. Within less than a week they were overrun by sewage and desperate for water to drink.

This turned out to be a small inconvenience for the lucky passengers, because there were soon on terra firma and no one was seriously harmed. But the episode showed that, while such small inconveniences don’t happen often, to those in the midst of the disaster, the result is uncomfortable living conditions at the least, health problems or death at the worst.

Now picture the same situation happening on a global scale. There isn’t enough clean water to slake the thirst of the masses and their livestock, provide for cleaning, irrigate crops, and flush away sewage. The world, after all, is like that cruise ship, only bigger. We’re surrounded by oceans that we cannot desalinate effectively enough to keep up with the demand for fresh water. And there is no place else we can go.

If the population continues to grow unchecked, this is what could happen.

Humans are supposedly the only animals that can think ahead. But the one thing that can conquer us without a shot gets barely a whimper of discussion, when there should be a shot heard around the world.

Next month, I will discuss more of the same – but I won’t be so tame.

Galen Larson is a retired oilfield worker who lives in Montezuma County, Colo.

Published in Galen Larson

Forest Service rejects Boggy-Glade appeals (Web only)

The Forest Service has rejected all appeals of the Boggy-Glade Travel Management Plan and expects to implement its provisions this spring.

According to a press release from the Durango Interagency Dispatch Center, 25 appeals of the plan were initially sent to the Dolores Public Lands Office, but eight were dismissed because they failed to meet the agency’s criteria for a review, and another was withdrawn by the appellant. All of the remaining 16 were analyzed by a regional Forest Service appeal-review team, which made recommendations to San Juan National Forest Supervisor Mark Stiles, the appeal deciding officer.

Stiles upheld the project decision, allowing for the travel-management plan to move forward.

Most of the appeals were based on the contention that the plan did not provide enough motorized access or that some roads it proposed closing should not be closed. However, at least one appeal came in opposition to a provision of the plan that allows hunters to use ATVs to retrieve game during hunting season, even when it requires going off-trail and cross-country.

Appellants included the Montezuma and Dolores County commissioners, groups representing motorized recreational interests, a local representative of a national hunter and angler group, and various individuals. Stiles’ determination on the appeals upholds the decision signed by Dolores District Ranger Derek Padilla on Dec. 5, 2012. In upholding the decision, Stiles found that laws, regulations and policies were followed appropriately, according to the press release.

This was the second travel-management plan for the Boggy-Glade area. The first plan was reversed on appeal in November 2010 after a group complained that it allowed for a higher road density than the overall San Juan National Forest was supposed to contain. However, other groups complained vociferously about road closures proposed under the plan.

Dolores District staff did more public outreach and developed a new alternative, which is the plan that has been upheld. The new plan ends cross-country motorized travel except during hunting season – a concession that had been sought by the county commissioners of both Montezuma and Dolores counties.

Stiles’ determination represents the final step in the planning process, unless one of the appellants seeks to take the matter to court.

The Dolores District will begin implementation of the project this spring, focusing on putting up signs along the designated road system and doing public education regarding the new rules for motorized use in the Boggy-Glade area. Minimal route rehabilitation and decommissioning activities are expected this year.

The Boggy-Glade Travel Management Project Decision and Environmental Assessment are posted at www.fs.usda.gov/goto/sanjuan/projects.

 

Published in March 2012 Tagged

Natural disasters plague the Navajo Nation this winter

arizona-highway-collapse

Highway 89 south of Page, Ariz., is closed following the Feb. 20 collapse of the road. Officials with the Arizona Department of Transportation say no timetable has been set for repair or rerouting of the highway. Courtesy of the Arizona Department of Transportation

The Navajo Nation has gotten a double whammy this winter, with a weather-related, reservation-wide breakdown of its water pipes followed by the collapse of a long stretch of Highway 89, south of Page, Ariz.

But the twin crises have brought about a silver lining. They’ve allowed the nation to emerge as a national leader, paving the way for tribes to use a newly minted law to request a state of emergency directly from the federal government, rather than relying on their respective states to declare it for them.

The first disaster, “Operation Winter Freeze,” was an unprecedented weather-related state of emergency in late January and early February in which more than 3,000 homes lost water due to frozen and broken pipes.

The disaster followed several weeks when nighttime temperatures hovered around 20 below and daytime temperatures stayed below freezing.

With the closure of Highway 89, travelers must detour about 45 miles. Courtesy of the Arizona Department of Transportation

With the closure of Highway 89, travelers must detour about 45 miles. Courtesy of the Arizona Department of Transportation

“It’s not unusual for temperatures to drop into the negative 20s,” said Erny Zah, spokesman for Navajo Nation President Ben Shelly. “What’s unusual is that it happened for nearly three weeks consecutively. It got to the point where some of us were talking about 15 degrees being warm.”

As a result, the ground froze to a lower depth than it normally does, freezing buried water pipes along with it. That started a cascade of breaks: as soon as workers would get a section of pipe thawed, the water would rush to the next frozen section, and cause a break in it. The freeze reached all the way to the ends of the lines, freezing hundreds of meters at people’s homes. The bursts and leaks drained millions of gallons from water tanks, depleting pressure system-wide in some cases, and threatening the closure of some essential facilities, like a hospital in Fort Defiance. The disaster struck far and wide across the Navajo Nation, from Tuba City, Ariz., and southern Utah’s Navajo Mountain in the west to Window Rock and Crownpoint, N.M. in the east.

Nation to nation

The governors in both Arizona and New Mexico declared states of emergency. More than 3,500 homes reported water outages, and at last count water had been restored to two-thirds of those. The crisis soaked up $780,000 in the Navajo Tribal Utility Authority’s rate-derived contingency fund, and Shelly is seeking $2.8 million more to cover ongoing work by both NTUA crews and those visiting from other agencies on and off the reservation.

Besides asking for funds from its own tribal council and a hodgepodge of tribal, state and county agencies, the Navajo Nation has a new source of support in the federal government. The tribe is working toward its own emergency declaration, made possible when President Obama amended the Stafford Act, on Jan. 29, to allow federally recognized tribes to seek a federal emergency or major disaster declaration directly from the President.

“A lot of tribes are watching us to see how we handle this,” Zah said. “It’s a brand-new process. It’s something that’s never been done in U.S. history.”

Tribal personnel have been working with the Federal Emergency Management Agency to quantify disaster-related costs; they appealed to the President for funds on Feb. 20.

Rose Whitehair is the emergency manager for the Navajo Nation, so it fell to her to coordinate Operation Winter Freeze – and to work with FEMA to meet the deadline for requesting a federal emergency declaration. She said it’s empowering for tribes to be able to deal directly with the federal government, without relying on states.

“There are a number of tribes that just do not have good relationships with states,” she pointed out. “The benefit comes mainly in the sense of being able to do this on our own. We are capable. We have the technical experience, and we have the expertise. We have the nation-to-nation relationship with the President. We don’t need to be dependent on others to do this for us.”

Disrupted lives

It took weeks for 15 NTUA crews, plus eight from the Navajo Engineering and Construction Authority and two from the Salt River Project, in Phoenix, to finish fixing pipes. The jobs that took the longest were the “scattereds,” said NTUA engineer Jason Corral, meaning they’re in the most remote areas.

Once the freezing temperatures and snow gave way to warmer days, getting work equipment stuck in mud became a regular part of the response. Often it was taking a crew an entire day just to restore water to a single home.

Lydia A. Lee, an elder in the eastern Navajo community of Red Gap, waited for two weeks for a crew to fix the broken pipe outside her home. Meanwhile, she bought bottled water for drinking 30 miles away in Fort Defiance, and benefitted from a donation of wash water from her church. On the bright side, her pipes might be more reliable than before, Corral said – to him, the old pipes outside her hogan looked like they’d been at risk for freezing for years.

As for the crews slogging through the mud to restore water to Navajo Nation residents, they seem more than willing to help. Zah noted that OSHA regulations limit workers to 75 hours a week, and up to 15 hours a day.

“They’re hard workers,” he said. “They’d work more if they could.”

The sacrifice was evident in a worker like Rico Burbank, a young NTUA pipe layer and operator who has a newborn at home in Chinle, Ariz., with his wife, Regina. He said it was hard to be away from his three-monthold son, Elias, but he seemed resigned to the call of duty.

“I see him once a week,” he said. “Every Friday I go home, see him, and come back to work again.”

Wider issue?

Rex Kontz, deputy general manager for the NTUA, said although many of the frozen pipes were installed in the 1950s, the freak weather was much more to blame than any engineering shortfalls.

For starters, most of the pipes are buried at a safe depth of three to four feet beneath the surface.

“We’ve discovered some pipes that are shallow, from people who have re-graded roads, or from erosion,” he said. “But we had some pipes at normal depth that were freezing, big control valves that just completely split and cracked. In the 26 years I’ve been at NTUA, I’ve never seen a main line freeze at that depth.”

Kontz said before the 1960s pipes were installed by the Navajo Nation or the BIA. Starting in about the 1960s, Indian Health Service took over. He worked with the IHS in the 1980s, and at that time they were using PVC pipes, which withstand freezing better than older, galvanized iron pipes that underlie most of the reservation – including the tribal office complex. To

some extent, he said, the pipes that were likely to be problematic have now been revealed. To revamp all the old, at-risk piping could cost close to $1 billion.

“We’re going to look at the places where we did have those types of issues and see if we can do something. It’s something we’re going to have to scale over years,” Kontz said.

A road in ruins

Meanwhile, details are still emerging about the freak road collapse Feb. 20 that has impeded travel about 20 miles south of Page, Ariz. Geologists have revealed that the road was built on an ancient landslide, and engineers are still debating whether to repair Highway 89, or pave an alternate route through the Navajo Nation.

Approximately 150 feet of pavement buckled 4 to 6 feet, according to the Arizona Department of Transportation. U.S. 89 is closed northbound at U.S. 89A. In Page, U.S. 89 is closed at the junction with State Route 98.

U.S. 89 will remain closed for an extended period, according to ADOT. There is no timetable to reopen it.

Drivers headed to Lake Powell and southern Utah have to take an alternate route that involves going east on U.S. 160 to State Route 98 and north on SR 98 to Page. The detour is about 45 miles longer than the direct route.

The tribe declared a reservation-wide state of emergency relating to travel to schools and work in Page on Feb. 24, and Navajo Nation officials have made moves toward a second federal emergency declaration in as many months.

“Just when we were getting the Operation Winter Freeze paperwork signed, that’s when the second one came,” Whitehair said. “It definitely was an experience. “

Ben Bennett, Navajo Division of Transportation deputy director, said emergency funding would be used to reimburse some of the costs involved in grading, building up, and perhaps graveling alternative roads.

According to an ADOT press release, ADOT is also working with the Arizona- Governor’s Office and the Arizona Division of Emergency Management to obtain an emergency declaration that will allow ADOT to be reimbursed for the highway reconstruction.

Residents in the locally affected area have had to find alternate routes to school and work, and school buses and ambulances have been making longer commutes. Navajo Route 20, a 28-mile stretch of dirt road from Bodaway/Gap to Coppermine has taken on increased traffic since the damage occurred to U.S. 89.

“N-20 usually receives 100 vehicles a day. U.S. 89 receives about 3,100 vehicles a day,” said Bennett, explaining that N-20 is not currently fit to take on heavy traffic.

N-20 has been on the NDOT’s pavement priority list for years.

“Even if Highway 89 wasn’t in jeopardy, the community still needs N-20 paved,” said Navajo Nation Council Delegate Tsinigine, who serves Bodaway/Gap, Coppermine, and three other chapters. “So, hopefully, this will be a positive impact in terms of getting it paved.”

Published in March 2013

Reviving the local farm economy

In 1930, an amazing amount of food was being produced in Montezuma County – everything from dairy products to fruit to wheat and beans.

Today, although the local area is perceived as being an agricultural community and roughly the same amount of acreage is being farmed as in 1930, only 4 percent of people in Montezuma County are employed in farming, 23 percent in Dolores County. That’s according to a 2011 report by the Region 9 Economic Development District of Southwest Colorado.

Michele Martz prepares to plant seedlings for the upcoming season at her farm, Songhaven, in Cahone, Colo. Photo by Wendy Mimiaga

Michele Martz prepares to plant seedlings for the upcoming season at her farm, Songhaven, in Cahone, Colo. Photo by Wendy Mimiaga

Can agriculture really be an important economic driver for the region if it employs fewer people, produces less food, and accomplishes this by taking up almost as much acreage as it did 80 years ago?

A group of locals who work in agriculture say it can. The Montezuma Valley Farm Hub is a new association of local farmers who have come together in their shared passion for the agricultural economy and culture.

In a letter announcing the formation of the MVFH, the intent and goals of the organization were articulated: “By supporting producers, consumers, and the connection between the two, we envision a region known throughout the Southwest for its quality fruit, vegetables, beans, grains, meat, dairy, wine and a myriad of locally produced agricultural products.”

Montezuma County is a “breadbasket,” according to Jude Schuenemeyer of Let it Grow Nursery and Garden Café in Cortez. He is one of those involved in MVFH. “We have a tremendous amount of food here – we have the crops. This is a place that can grow food.”

Indeed, in 1930 there was a great variety of food being produced in Montezuma County. Cindy Dvergsten of Arriola Sunshine Farm compiled an inventory of products harvested in 1930: Milk, butter, cream, turkey, beef, pigs, chicken, geese, ducks, honey, eggs, apples, grapes, peaches, plums, cherries, pears, apricots, raspberries, potatoes, corn, wheat, barely, oats, sugar beets, dry beans, and market vegetables.

And the quantities of those products were significant: 877,069 bushels of potatoes, for instance; 2.1 million gallons of milk; and 139,000 bushels of wheat.

The total county population at this time was 8,000.

In 2011 the population of Montezuma County was triple that, yet most food is now trucked in. Many of the products listed above are no longer produced here (such as dairy products, potatoes, barley, oats, and sugar beets) or if they are, it is only in small amounts, such as honey, pork, eggs, apples and market veggies. These local products are now typically available only at local and regional farmers markets, through CSA (community-supported agriculture) shares, or at the farms themselves through “u-pick” operations. Some restaurants, smaller grocery stores and schools have also begun to purchase local food.

Let It Grow is one of the places where you can buy local produce, as well as meals prepared with in-season fruits and vegetables. Schuenemeyer and his wife, Addie, are celebrating their 14th year in business, and a major thrust of their work has been to support local foods.

In addition to the café, they operate a family farm in McElmo Canyon, growing organic peaches and market vegetables. Schuenemeyer said there is a “chicken and egg” aspect to this work. While there is a move regionally and nationally to promote production and consumption of locally produced foods, the going can be rough for those who give it a try. It’s not easy to make a living farming.

“Whatever you learned the year before, forget it.” That’s the advice of longtime bean farmer Mike Coffey of Dove Creek, according to Rosie Carter of Stone Free Farms.

“Montezuma County presents one of the most challenging climates for farming, and yet it is possible to do and rewarding,” agreed Melissa Betrone, who moved to the region 11 years ago with dreams of running a sustainable small-scale farm. She developed and operated Rude Becky’s Flower Farm from 2002 to 2009. Besides flowers, she offered high-quality, organic market vegetables available through a CSA and at the farmers markets in Dolores, Durango and Telluride.

However, she had to quit farming because, she said matter-of-factly, “I couldn’t make enough money.” She added, “Not everyone wants to sit outside in a parking lot in the weather to sell their products.”

Farmers markets are a wonderful opportunity for consumers to meet and get to know the people responsible for producing their food – and vice versa – but the small, unpredictable venues are not for everyone. Markets are open only on certain days and certain times, and are generally held out side where consumers (and farmers) have to weather the elements. Some consumers may not even know a market exists in their community. Others may not understand the benefits of locally grown food.

“Where do most people here get their food? At the supermarkets,” Schuenemeyer said.

And where do those supermarkets get their food? California, Mexico, Idaho, Florida, Iowa, Vermont, Oregon, Wisconsin – name a state and there is a chance that at some point in the year, food grown there is shipped cross-country. Depending on the product your food item might even have travelled from South America, Indonesia, Africa, or China.

On her website, Michele Martz of Songhaven Farm in Cahone notes, “Most food travels over 1,500 miles from farm to plate.” This system increases costs, and decreases quality and freshness, because of the time it takes to get the food out of the fields and into the stores.

This is true even in agricultural communities. Foods produced by large corporate farming operations dominate the market. In Southwest Colorado there has been a gradual but steady shift in agriculture away from food products consumed by local and regional residents to cash crops like alfalfa, which can bring in a more consistent paycheck on the national exchange.

Other foods, such as eggs and dairy products, stopped being produced in Montezuma County due to increased regulation of food processing.

As a result, there is less food produced locally by fewer people, even though the acreage of cropland has remained steady.

But members of MVFH hope to reverse that trend.

While others might see a crisis in the steady decrease in farmers and local food production, Carter of Stone Free Farm sees opportunity, noting that there has been an upsurge of activity and interest in local food production in the past two years.

“There’s a lot of momentum right now,” she said. “With the Buy Local campaign there is more and more demand. The farmers markets have all grown, and the Farm to School movement is really taking off. Ole Bye has begun a distribution service, Local Foods Logic, which makes it easy for farmers to have their goods distributed.”

She believes there is a bright future for those who want to give farming a try, and that the Farm Hub will help by providing a forum for education, collaboration, and preservation of tradition.

“We’re interested in the broader ag community,” Carter said. “Montezuma County kept its roots, and so the agricultural base can continue.”

Right now there is not enough supply to meet the demand for local foods, she said. Carter is talking about market vegetables, which she grows. She and her husband, Chuck Barry, moved to the area, purchased a three-acre farm in need of some TLC, and began farming in 1995. The land was affordable, there was good soil and water, and the region had a rich agricultural history, which made it a perfect place for Carter to realize her dream.

Eighteen years later, Carter still considers herself a neophyte. The work is not for everyone. “It’s a very complicated and dynamic process. It’s incredibly difficult, there are so many variables, and then you have to be a businessperson on top of that. If there’s one thing I have learned about farming, it’s that it takes tons and tons of practice, and we are lucky because there is a wealth and depth of agriculture in this region.”

Betrone agreed, noting that the Montezuma Valley Farm Hub will be able to help people like her, who are in need of access to resources – knowledge, land and skills – including business acumen as well as farming expertise. “I still firmly believe local production for local consumers needs to be a core focus of economic development for the region.”

Schuenemeyer explained, “Practical knowledge based here can be used and taught to increase the economic opportunities.” The history of agriculture in the region is a strong foundation from which the new generation of farmers can learn. Betrone said that MVFH will sponsor educational forums for those in need of information on how to farm successfully in Montezuma County. “The workshops will get more people with skills and knowledge to those who don’t have them. I think that educating people and exposing people to the principles of production helps the entire community. Elevated awareness and elevated connectivity will move the community forward,” she stated.

Schuenmeyer beams when he starts talking about fruit. “In the 1950s the Montezuma Valley Fruit Company sent fruit to California. It’s hard to do this – to bring fruit IN to California. Imagine!” The reason Montezuma Valley Fruit Company could export was the high quality of the fruit, a result of the altitude. Montezuma County is higher than most other fruit-growing areas, such as Paonia or Palisade. The diurnal temperature shifts set the sugars, which results in a sweeter fruit.

The first orchards were planted in the 1890s, and soon Montezuma County fruit was garnering state, national and international awards, with people all over the country clamoring for more of the tasty apples, peaches and apricots.

The altitude complicates fruit production, however, as it is difficult to get a consistent annual crop due to the vagaries of the weather, including early or late frosts which can kill an entire year’s crop overnight. Addie Schuenemeyer said that in the 10 years they have been running a peach orchard, there were only three years that they were able to sell the fruit.

It’s tricky to build a market in these conditions. To help maintain a regular annual yield, early orchardists used in-field heaters and some even hauled water in trucks from the Dolores River to their fields in Lewis. The dedication of individual growers who cooperated during the growing season was an important reason for the exceptional quality of the fruit.

Yet growers also engaged in fierce competition come harvest time. Fruit-growers started the county fair and worked hard to earn a blue ribbon for their product. The blend of competition, cooperation and quality became what Schuenemeyer calls “an ethos.”

Many existing orchards today remain in the family of the grower who originally planted. “The orchards are kept alive because of the love of the families,” Schuenemeyer said.

The Schuenemeyers founded the Montezuma Orchard Restoration Project, dedicated to restoring the orchard economy of Montezuma County. But growing good apples or peaches is only part of the picture.

“We cannot preserve the orchards without a market for the fruit. We need to develop the market,” Schuenemeyer said.

In the 1900s Montezuma County fruit went to Telluride, Silverton, Durango, Denver, Kansas City, Chicago, Texas. The Schuenemeyers believe the Montezuma Valley Farm Hub can help with preservation, production and marketing by pooling resources, so that individuals can work together for the benefit of all.

“Different things – and people – can come together for a common purpose,” stated Addie Schuenemeyer. “This is going to become what people make it – it’s about building community.”

The Montezuma Valley Farm Hub intends to facilitate education, provide support for local producers and the MORP, and preserve the rich agricultural heritage of the region. They have organized an eight-week seminar series on “High Desert Homesteading.” [See below.]

Carter explained that all sessions will be led by people who belong to families farming and ranching in the area for generations. The seminars will cover a variety of topics of interest to the entire ag community, from beekeeping to soil science. The seminars kick off with a social and a presentation on the history of homesteading in the Montezuma Valley on Wednesday, March 6, at Let it Grow. Lifelong farmer and founder of the Cortez Farmers Market Bessie White will be on hand with a story or two to share.

“People really love the tradition here. Let’s grow our ag community and culture and let it continue as a viable part of our community,” said Carter.

“There is a tremendous amount of food here. We have the crops,” said Schuenemeyer, interrupting his train of thought to answer a phone call.

“We just found a tree,” he told Addie. “It’s the Cedar Hill Black!” This apple was one of the original apples brought to the area in the 1860s by Jesse Frazer and is one of the rare commercial apple strains developed in Colorado. It was thought to be lost until one of Frazer’s descendants heard of Schuenemeyer’s work, and called to tell him about a tree outside of Durango.

“All this is possible,” said Schuenemeyer, smiling as he headed out to see the tree.


Montezuma County food production in 1930

877,069 bushels of potatoes
2,104,339 gallons of milk
138,646 bushels of wheat
258,965 dozens of eggs
122,816 bushels of apples
88,996 pounds of butter
33,840 bushels of barley
75,757 pounds of honey
24,479 bushels of oats
70,638 pounds of grapes
5,259 bushels of peaches
8,026 quarts of raspberries

Source: Information compiled by Cindy Dvergsten


Some restaurants and outlets that offer local foods

Cortez: Four Seasons, Let It Grow, The Farm Bistro, Pepperhead, Once Upon a Sandwich, Pippo’s
Dolores: Karla’s Kitchen & Bakery, Dolores River Brewery, Dolores Food Market
Durango: Bread, Cocina Linda, Cosmopolitan, Cyprus Café, Durango Coffee Company, Harvest Grill & Greens
Rico: Argentine Grill
Mancos: Absolute Bakery and Café, Olio

 

Published in March 2013

Opportunities offered to view sage-grouse mating dance

Opportunities are being offered this spring for birdwatchers, wildlife enthusiasts and/or endangered-species naysayers to view the secret mating dance of the elusive greater sage grouse and the even-rarer Gunnison sage grouse.

sage-grouseThe recent proposed listing as endangered of the Gunnison sage grouse, which numbers about 4,500 birds total in the world, has sparked concern across Southwest Colorado and Eastern Utah, where the remaining birds reside.

Opportunities to view the Gunnison bird’s mating display on sites east of Monticello, Utah, will be offered the weekends of March 29- 30 and April 12-13 through the Utah Division of Wildlife Resources. For thousands of years, sage grouse have returned to their traditional breeding grounds – called leks – to perform a dramatic and complex dance as they compete for mates.

Watching male sage grouse spread their spiked tail feathers and pop their large air sacs is a visual treat for bird-watchers. Hundreds from across the world visit Colorado every year to observe the mating display in person. On the Friday before each of the two weekends, there will be an orientation session at 7 p.m. in the San Juan County Building, 117 S. Main, Monticello.

The tours will involve rising before dawn and possibly being out in wintry conditions. Bring a camera and binoculars or a spotting scope. Carpooling will be encouraged to reduce disturbances to the birds. Tours will be conducted in small groups. For more information, call Brent Stettler at 435-613-3707. Tours will also be offered in Northwest Colorado to see greater sage grouse.

Once called the passenger pigeon of the plains, the greater sage grouse is facing declining population numbers and impacts to its habitat. A special guided tour is being offered to let people see greater sage grouse perform their elaborate mating dance and learn more about efforts to preserve this important bird of the sagebrush.

Tours are offered through Colorado Parks and Wildlife, Conservation Colorado, Rocky Mountain Wild, Friends of Northwest Colorado and The Wilderness Society.

“If you are a dedicated bird watcher, sagegrouse mating is certainly one for your life-list,” said watchablewildlife coordinator Trina Romero, of Colorado Parks and Wildlife, in a press release. “But even a casual wildlife watcher will be in awe of this beautiful display.”

Space is limited and reservations are required. Several dates are available between March 18 and April 7, departing from Craig, Colo., at 4:30 a.m. To reserve a seat visit: http://conservationco.org/2013/02/sagegrousetours/ or for more info contact Sasha Nelson at sasha@conservationco.org or 970-824-5241.

Colorado Parks and Wildlife provides a viewing trailer for the guided tour so that people can sit inside and not disturb the grouse on the lek.

“It’s a responsible way to observe lekking behavior, and I highly recommend it,” said Romero. “Ethical wildlife viewing, especially of a sensitive species, should be a priority for all wildlife viewers.”

To learn more about greater sage-grouse, visit: http://wildlife.state.co.us/Research/ Birds/GreaterSageGrouse/Pages/Greater- SageGrouseStudies.aspx.

Published in March 2013 Tagged

The county questions land sales in Canyons of the Ancients

A routine water-court procedure on a creek in Canyons of the Ancients National Monument has triggered concerns from Montezuma County officials of an expanding federal-government presence that threatens traditional ranching.

County commissioners met with BLM and monument staff Feb. 26 to discuss a water right on Yellow Jacket Creek associated with a private ranch recently purchased by the monument.

The inholding, formerly the Wallace Ranch, was purchased for $3.3 million, and totals 4,500 acres. The property comes with a conditional water right of 5.25 cubic feet per second from Yellow Jacket Creek, but the water has not been put to use, or developed, yet.

Conditional status is a precursor to absolute (perfected) water rights, which are awarded once specific uses and developments for the water, such as diversion structures, are identified and in place.

A procedural hurdle in state water court requires the BLM to file for a six-year diligence period in which specific uses for the conditional water rights granted with the property are to be finalized. Montezuma County is listed as an objector in the case, prompting negotiations.

“I am recommending that the BLM acquire the water rights and then have an internal process to decide whether or not they can be used to further the management on that property,” said Roy Smith, a BLM water-rights specialist with the agency’s state office.

Uses could include irrigation for re-seeding of native plants, fire suppression, campground or visitor services, and delivery of livestock water to tanks away from the creek.

The BLM has long sought to preserve flows in Yellow Jacket Creek. Minutes from a 2005 meeting of a monument advisory committee state that the agency was then engaged in an “ongoing effort to secure instream flows to protect sensitive fish species and riparian health in Yellow Jacket Creek,” adding that the creek has become a perennial stream through irrigation runoff from upland agricultural fields. At that time, the BLM was working with the Colorado Water Conservation Board to secure the instreamflow right to protect riparian health and sensitive fish species.

The sale of the Wallace parcels gave the BLM the water rights associated with them.

But before attempting to utilize the water, the BLM must conduct a land-health assessment on the property, a BLM requirement any time land is acquired by the federal agency. A controversial part of the process puts grazing permits in the area on hold pending the rangeland analysis.

But funding for the study is not available, a problem exacerbated by the federal budget sequester, leading to an uncertain future for cattle-grazing in that area.

The unresolved question of whether grazing will continue, along with the loss of private property to the federal government, drew the ire of the commissioners

“This is the type of thing that makes us suspicious,” said Commissioner Steve Chappell. “It has been an active ranch, so give us reassurance that this grazing permit will be reissued. Otherwise, why would we take away our objection?”

Monument Manager Marietta Eaton responded that land-health assessments are required to understand the condition of the land first.

“As a manager, I can’t in good conscience put livestock on land until I know if an allotment is going to support that permittee,” Eaton said. “The reason that the permit has not been reissued is to determine the baseline condition with a land-health assessment.”

There are many private inholdings within Canyons of the Ancients National Monument, and creating a more-contiguous landscape under the monument conservation management system is one goal. But monument officials stress that land purchases are made only with willing sellers, and depend on available federal funding.

“If the opportunity arises, we try and secure funding. Private land is at risk for development and we don’t want to compromise the rural character of the monument,” Eaton said.

Commissioner Keenan Ertel cited U.S. language in Article I, Section 8, of the U.S. Constitution that he claimed requires state legislature approval for federal purchase of private property. Such permission was not sought, and BLM officials disagreed that it was necessary.

“We’re getting squeezed on all sides by expanding federal land agencies, regulations and actions,” Ertel said.

The section of the Constitution in question lists powers of Congress, one of which is “To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.”

Tea Party activists and others critical of the federal government claim that the second portion of the clause, known as the “enclave clause,” mandates that no property can be purchased by the federal government without the consent of the legislature of the state in which it lies.

“Can any agency of the federal government come into a state and purchase land without state authorization as any other buyer would?” asked Jim Tenney of Arizona in a 2001 essay, published at www.citizensalliance. org, that typifies the argument. “Is it a private property right for a property owner to sell to the federal government? A proper reading of the Enclave Clause shows the answer to both of these questions is, NO.” Tenney is identified as the Arizona State President of Frontiers of Freedom People of the USA.

But according to an essay on the website of the Constitutional Accountability Center, a progressive think tank, that argument does not hold water.

“Let’s start by pointing out that Clause 17. . . is actually a broad grant of power to the federal government, authorizing it ‘to exercise Legislation in all Cases whatsoever,’ states writer Doug Kendall in an essay about federal lands in Utah. “The second half of the Clause – [the] so-called ‘enclave clause’ – uses the word ‘consent’ only to define the lands to which these broad powers apply, meaning the Clause applies to lands obtained with the consent of the states. . . .

Just as important, because the ‘enclave clause’ only concerns state transfers of land to the U.S. government for a limited number of purposes, it does not apply to the vast majority of federal lands in Utah. After all, Utah never had the chance to consent to federal control over these lands because they were property of the U.S. government before Utah’s statehood.”

Another inholding within Canyons of the Ancients the Rutherford Ranch, was purchased last year for almost $1 million. Whether grazing allotments there will be put on hold is too early to determine, according to Eaton.

“These federal land acquisitions are taking private land off our tax rolls, and this affects the health, safety and welfare of the county,” said Commissioner Larry Don Suckla. Regarding cattle-grazing, monument officials say it is part of the multiple-use strategy for the area. They urged patience to allow for land-health studies to determine appropriate stock levels, but the commissioners were skeptical.

“This stalling affects our economy. Young ranchers can’t wait, they are ready to go, but nothing is available because federal agencies are dragging their feet to get a study done,” Chappell said.

As a way to speed up the process, he requested BLM provide its requirements for a researcher to conduct the study, and then the county would seek a grant to pay for the position.

Potentially complicating the water-rights situation is the reported presence of rare fish species migrating from the San Juan River into Yellow Jacket Creek. Flannelmouth and bluehead suckers are listed as sensitive species, and the Colorado pikeminnow is listed as endangered under the Endangered Species Act.

Gail Binkly contributed to this report.

Published in March 2013