Hello & goodbye

If Rene Descartes traveled extensively during the 17th century like tourists of today, he might never have written, “I think, therefore I am,” but instead chosen the axiom, “I see, therefore I be.”

As a philosopher whose explorations were confined to the hemispheres of his brain, Descartes understood little about the tourism industry, and it’s likely he never would have approved of this syllogism that explains a souvenir t-shirt:

All tourists pack clothing;

Some packed clothing includes t-shirts;

Therefore, all tourists buy t-shirts.

I own a favorite t-shirt from a trip I took along Route 66 that says, “Standin On the Corner, Winslow, Arizona.” I also bought one with a ukulele picture that proclaims “Hawaii Lifestyle.” I’m not sure what that means, but I loved the shade of green and I’ve visited on the island of Kauai for one full rainy week. I earned it, whatever it means. It stands for my 100 percent cotton declaration that “I was there.”

When a person travels, the urge to preserve the exotic and serendipitous experience supersedes the mind’s natural tendency to classify the day as, say, another Friday. Tourists eat, drink, take pictures, read travel brochures and maps, and they find places to sleep. Sure, these activities can be done at home cheaper, but traveling excites the “what the hell” gene and a tourist accepts absurdity as if it were an omen.

A $25 t-shirt? Sure, that’s a bargain.

Books like “1,000 Places to See Before You Die” only highlight my fear of ever being able to travel sufficiently, especially if I take the book’s premise seriously, that my ultimate self-awareness and fulfillment lies in a bucket list of recommended vacation destinations. I fear I’d end up with a drawer stuffed with t-shirts, more than I could possibly wear in the rest-of-a-lifetime.

Then again, my homebody suspects something must be wrong with the people who travel. I’ve backed myself into the Four Corners, brew my own coffee and memorize the television schedule. T-shirts are less expensive than round-trip plane tickets.

You see, I’m caught between these deep blue seas. One of me wants to explore – to see the Eiffel Tower, the ruins of Pompeii, to float in a Venetian gondola – while the other is so grateful to finally get home, he can’t imagine what drove him away in the first place. Then from the bottom of my suitcase the twisted remains of a souvenir t-shirt resurfaces. I unfold it and drape it like a flag over my chest, this pledge to be a tourist.

Descartes believed that thought – not our senses – turns us into human beings. We hear, smell, taste, touch, even see the world, like any other creature, but only by being aware of our perceptions do we become (and here I take a liberty) tourists. I know, the money collected from travelers by the local economy is appreciated, but like philosophers, tourists don’t get respect.

Descartes also postulated the untrustworthiness of the senses can be illustrated by his Wax Argument. It goes like this: One’s senses perceive the wax’s chunkiness, though set it over a flame and a transformation renders the senses senseless. Like a paramedic arriving on the scene of an accident, thought rescues us and returns us to our – dare I say it again? – senses. Stay at home too long and my life begins to feel like wax, but leave home and I notice how travel alters me, and in the fire of the world’s strangeness I glimpse the alchemy of a moment, pure gold.

Okay, that’s probably enough philosophy. Born with a feelasopher’s moniker, I can’t help going mental once-in-awhile, which is why I value the souvenir t-shirt, because it weaves the fleeting nature of my travel experiences into the physicality of my daily life. It’s that simple. It allows me to carry each transformation close to my skin, to wash it and fold it and tell an occasional story about my latest trip whenever an unsuspecting stranger asks me about my t-shirt.

I’ve thought about going to Prague for my next metamorphosis, visiting the Kafka museum, but I’ve always wanted to visit Gibraltar too, a British dependency at the southern tip of the Iberian peninsula. It usually take me a full year to muster the courage for another major assault on my sedentary senses, but it helps to imagine myself coming home with a souvenir t-shirt, something with the picture of a cockroach, or better yet: Gibraltar Rocks!

Published in David Feela

Ann Coulter vs. the Disability Community

“I highly approve of Romney’s decision to be kind and gentle to the retard.”

This is the tweet that conservative columnist Ann Coulter sent out to her 280,000+ followers in the Twittersphere after the third presidential debate. In the days that followed, her tweet was retweeted 3,625 times and “favorited” 1,527 times. The disability community voiced outrage over this remark, hoping to hear an apology from a woman who has had eight New York Times’ bestselling books.

When the time came for Coulter to talk about her comment on CNN’s Piers Morgan, Coulter was unapologetic, saying the “word police” were after her. She added that she was referring to the president, not someone with Down syndrome. Coulter explained that people with disabilities aren’t the ones offended by the word “retard,” it’s the spokespeople for the disabled who are offended.

I would like a chance to explain why I am personally offended by Coulter’s remarks. I gave birth to my daughter in 2003. I welcomed her into this world with wild anticipation, and still to this day I regard her birth as one of the defining moments of my life.

At about six months or so, I noticed she wasn’t hitting her milestones properly. I started visiting doctors to figure out what was happening.

After countless examinations, tests and consultations over a period of years, she was diagnosed with cerebral palsy with some learning disabilities.

It wasn’t with one swift anointing that I was welcomed into the special-needs community; it was a series of several anointments. Slowly, I saw all the lines erase – the physical, the mental and the spiritual – in my life as the disabled community – once the “them” – became us. “Welcome to Holland,” the flyer said. “And you thought you were traveling to Italy.”

When you are an us in the disability community, much of your life is different.

For me, it meant shifting into low gear in my career that was previously on high speed. It meant maneuvering between doctors and specialists, often who were giving me conflicting reports. It meant having specialists in my house telling me how to teach, feed, play and foster communication skills in my daughter.

And ultimately, I am sad to say, it meant me putting my own needs on the backburner while I focused my attention on inching my daughter’s way up gross-motor charts and fine-motor charts, and taking a battery of psychological exams. In those early years, I learned a lesson I should have learned from airline attendants – you do need to put your oxygen mask on before you take care of your child. I ended up having a breakdown, which led to a divorce.

I bootstrapped myself and forged ahead. I started what I consider to be wave two of my career. At times I feel like a walking Swiss Army knife.

What does that look like? I work during the day, but also have these extra considerations to take into account:

I have a team of about 10 people who work with my daughter at her school. I am a firm believer in inclusion, so I have worked to keep her in classes with her peers. We are in constant contact via phone and email.

I manage a network of doctors that I keep informed of any issues or changes in my daughter.

I make sure I have anti-seizure medication on hand for the two doses my daughter needs per day.

Family time for us ends early, as my daughter goes to bed at 7 p.m. and sleeps 12 hours per night. She doesn’t function properly if she gets less.

I spend a great deal of time trying to figure out clever ways of teaching my daughter. I have taught myself a lot of sign language, for instance.

Every vacation, field trip, visit to the mall, athletic event or concert has special considerations to factor in.

I am currently working out a way to talk to children in my daughter’s classroom about disability and inclusion issues.

Then there are those things you don’t consider. Most of them have been issues my son (born three years after my daughter, and developmentally normal) has brought up. On Christmas, his classroom saw my daughter’s classroom in their dress rehearsal for the play. After it was over, my son had to answer questions such as, “Why wasn’t your sister singing? Why does she walk funny? What is wrong with her?”

I’ve since worked out a little script with my son. At times, he wants to defend his sister and other times he wants to distance himself from her.

Overall, my daughter does have learning issues. However, her disability is considered mild to moderate.

I have to admit, there are only so many hours in the day. When I joined the disability community, I stopped following news as closely as I once did. But I do follow the news in the disability space as much as possible.

A while back, I started to hear about a campaign called “R-Word: Spread the Word to End the Word.” This is an effort to abolish the use of the word “retarded,” as it is deemed hurtful to those with intellectual disabilities. I was thrilled to look at this website and see all the thoughtful information that has been pulled together. Even Public Service Announcement videos have been produced.

When it came to signing the petition on this website promising that I will no longer use the word “retarded,” I did so with no pause. I thought about having my daughter sign it, but it didn’t seem appropriate quite yet. But I did decide to have my son – I think he was 5 at the time – sign this petition. It is a petition that 312,549 have signed today.

“I am going to teach you a word tonight, and then ask you to sign a pledge saying that you will never use it,” I told my son. “’Retarded.’ People use it to mean ‘loser’ or ‘stupid,’ but it also a word that is used to describe people who have a hard time learning.”

We talked about a few other people my son knew. Then he signed the pledge. If so much thought and care was put into asking a 5-year-old to not use a word that would be hurtful to people with disabilities, why is it okay for someone who has a massive microphone to use this word to describe the president, or anyone else, without any care or remorse?

Coulter is on a path, and so am I.

From where I sit, her path seems to be a quest for publicity and fame. To my ears, her words sound like someone chewing on broken glass.

My quest, as well as that of others I have met in the disability community, is one for respect and dignity. We aren’t in this space to make a fortune. Most of us are working to ensure we get our basic needs met.

Although I would love to hear an apology from Coulter, I am not expecting one.

However, I’d like to ask you to join my son and me in ending your use of this antiquated word.

Cindy McCombe Spindler is the president of AbilityCatcher, a company with the goal of humanizing the way the world thinks and treats individuals with differing abilities. She lives in San Diego with her two children and husband, John.

Published in Cindy McCombe

Super-shopper

What’s in my grocery shopping cart for the week:

• Gallons upon gallons of whole milk

• 164-load laundry detergent (that I had to drag across the floor, unable to lift it)

• Family-size box of instant mashed potatoes (along with a pound of butter)

• Two dozen bagels

• A stack of salami, another of turkey breast and a third stack of ham

• Yellow mustard (god forbid I should get Dijon)

• Two-pound block of cheese, Two bags shredded cheese and 1 stack sliced cheese for sandwiches

• Two loaves of bread

• Two packages English muffins (they were 2 for 1)

• Three frozen pizzas (all Meat-Lovers)

• A dozen burritos (beef, bean and green chili)

• Hot sauce – three Varieties

• Two-pound bag of popcorn

• Crackers

•Tortilla chips (large bag) • Jug of Pace salsa

• Giant bag of generic chicken nuggets (so gross, I know)

• Several bottles of BBQ sauce (goes on EVERYTHING)

• A couple of pounds of pasta shells. Organic.

• (Really? Yes, I always buy organic pasta – it balances out the instant potatoes)

• A gallon of red sauce

• Multiple very large bags of cereal – healthy and sugar-free.

• Many many green apples (if I leave these sitting around in random places in the house, they will absentmindedly get eaten)

• A bunch of asparagus (an acceptable green vegetable)

Disclaimer: I DO belong to a CSA, so there is more green food in my house than what is listed here.

• Maple syrup (For Waffle Night)

• One two-pack mac and cheese

• Four bottles of shampoo

• Two Axe deodorants

• Two containers Noxema Skin Pads

• Brownie mix

• Snyders pretzels

• Ranch dressing (like the BBQ sauce – it goes on everything)

• 1500 rolls of toilet paper

• Twenty-four Brats

• Six pounds ground beef

• Two whole chickens (these are also organic – balances out the chicken nuggets)

• Twin pack Ibuprofen

• Dish soap

• 1000 razors

• Dove Dark Chocolate to hide in my underwear Drawer

As I am checking out, the guy behind the register stops with my final item: a Saint Jude Candle, Patron Saint of Lost Causes. He holds the candle in his hand, looks at the bags of (crap) food spilling out of my cart and says, “You must have teenage boys.”

Suzanne Strazza writes from Mancos, Colo. Read her blog, Single in the Southwest, at suzannestrazza.wordpress.com.

Published in Suzanne Strazza

Media madness

Growing up in Minnesota, I didn’t have much experience with mass media. Now, many years later, I have to admit that all these different forms of mass communication continue to puzzle me.

Take television. Watching TV is quite an experience. As I view all the commercials, I realize how lucky I am to have so many complete strangers concerned about my health, my eyesight, my teeth, hair color or implants, my looks, the state of my insurance, my digestion and nasal congestion, my love life – not to mention whether I have a comfortable mattress and a motorized chair that will take me to the Grand Canyon (at almost no cost to me! That term “almost no cost” gives me the shivers).

People desperately want me to have an automobile that accelerates from zero to 80 in three seconds. But, I have to wonder, why do we need a jet to get coffee from the convenience store in the morning? Why the rush? We should be at home, calmly eating our nutritionally balanced “heart medicine” cereal, all covered by artificial sweeteners and a multitude of milks a calf wouldn’t ingest. Or we can really get going on the little who-knows-what contained in a small flask of instant energy.

All day long, we can keep our brains on “idle” by watching the TV sitcoms and movies supposedly relating to reality. Murder, mayhem, war, sex, and crime keep us entertained. And intermingled with the supposed programs are those helpful breaks featuring movie stars, sports figures and the stethoscope- draped doctor in his white coat, touting those necessities we simply must have.

We need to get rid of PBS. Where one can find National Geographic (which might be too graphic for our eyes and ears or understanding). The History Channel stays fairly close to history and one can pick up on a few points not considered interesting in high school. Sometimes it leads to a trip to the library where there is a lot of one-on-one help from the knowledgeable librarians. That can’t be administered by an underpaid teacher with 40 undisciplined students.

Then there’s pop music. Four guitarists, a drummer, and a singer with a good hold on their crotch screaming the same thing over and over – such a team can become a one-week idol. After one hit record, they follow the peer pressure to take numerous hits and wind up addicts, only to disappear into rehab, exit with a new screaming video and become a second shining star. The adoring fans are a kick. I would trade those kooks for a mongrel dog – at least it would stick with me through the good, the bad and the ugly.

What about books? Everybody is writing a book, from how to, to not how to, and if we don’t know how to, there is the “50 Shades of Grey” leaping off the shelves with instructions in seduction, positions and the number

of people required to enhance one’s enjoyment. A tit-tillating book heralded by the entertainment industry as a “must read” while we pant for the movie version – wait – won’t that be pornography?

Then there is the Internet – a device still used mainly to display body parts best kept under wraps for most.

People spend every spare minute staring at their little pads and phones and devices. Evidently it is far more interesting to “talk” to individuals that way than to turn around and speak to the people sitting beside them in the restaurant. Facebook, Twitter, MySpace – there is sure a lot of chattering going on, but is any of it really communication?

I sure hope the electricity stays on our electrical grid because if it goes down we would come to a complete standstill. People would starve because they wouldn’t be able to buy a thing at the grocery store. Once upon a time, your purchase used to be added up, you paid with cash and the clerk gave you the correct change. Now you have to wait while the computer calculates your discount – if you have your cheat card with you. (How wonderful a service! It lets the bean counters know more about you and your habits than you know about yourself.) Then it tells another computer to order more of what you purchased.

Hell, we don’t have to be invaded, we can be conquered with a simple screwdriver.

I wouldn’t be surprised if I received a visit from some law-enforcement unit citing me as a terrorist for giving out all this information. But I didn’t make up those last few sentences – it was stated on the boob tube by Leon Panetta last week.

There is an old adage that should give us some advice: “Beware of Men in White Shirts Bearing Gifts.” My comment – one might be a short shrift.

Galen Larson writes from Montezuma County, Colo.

Published in Galen Larson

Montezuma County pulls the plug on the PLCC

Montezuma County commissioners on Oct. 1 disbanded the county’s Public Lands Coordination Commission, citing ongoing disagreements over its role and doubts about its usefulness.

The PLCC was created in 2010 as an advisory group that would study public-lands issues and help the county provide input to federal-lands agencies.

The group had a tumultuous history; at one early meeting so much vitriol was expressed regarding Forest Service personnel that agency officials were concerned for employee safety and met with the commissioners to ask them to scale back the rancor.

Meetings continued, but five of the original members resigned, reportedly because some felt the group was becoming too adversarial. The PLCC was eventually sized down to seven members. It met 28 times over several years, the last time on Sept. 25.

“The worst problem was, I don’t think there was much that they accomplished,” Commissioner Gerald Koppenhafer told the Free Press. “They fought so much among themselves, we felt like it was better for us to handle it ourselves. A lot of people on it quit because they felt it was dominated by a couple of people and their input wasn’t even being considered.

“When we first started that commission, we felt like it would represent different user groups to provide some input to us to help us provide input to the Forest Service. But it was to the point where they were trying to tell us that anything we sent to the agencies, we needed to run it past them first. Well, we’re the ones supposed to be coordinating with the agencies. They were supposed to provide input to us and that was not what was happening.”

Throughout its existence, there was tension between the PLCC and the commissioners over what approach to take with public-lands agencies. Some PLCC members wanted the county to vigorously pursue a plethora of county road claims over federal lands under a statute known as RS 2477, which applies to old roads that predate the existence of national forests and other federal lands.

The commissioners, however, took the position that there needed to be solid evidence to assert specific RS 2477 claims because the legal process of proving claims can be lengthy and expensive.

Some on the PLCC maintained that federal employees were violating county laws if they closed any roads on public lands, and wanted the sheriff to arrest Forest Service personnel who did so.

The commissioners – while often highly critical of the Forest Service and BLM – preferred to sit down with the agencies and try to work out compromises.

“I think we have made some progress with them as far as getting different concessions and being able to reason with them,” Koppenhafer said. “If you take an adversarial position and say, ‘This is the way it’s going to be,’ they’ll just stonewall you.”

The Montezuma and Dolores County commissioners were able to win a major concession from the Forest Service over the hotly disputed Boggy-Glade Travel Management Plan by persuading the agency to continue allowing motorized game retrieval in hunting season, something that runs contrary to most national forests’ policies nationwide. That change was in the draft travel plan; the final plan is due out soon.

“They’ve actually gone out of their way to try to make that work, and hopefully we can make it work,” Koppenhafer said. “They did not have to do that. They’re going against people in their own agencies above them in doing this. I think those kinds of concessions can happen if you’re willing to work with them, but not if you take a hard-line stance.”

Some on the PLCC did not agree.

Recently there was controversy over a letter sent by the county commissioners in mid- August to Canyons of the Ancients Monument Manager Marietta Eaton, Dolores District Ranger Derek Padilla, and BLM Tres Rios Field Manager Connie Clementson.

The letter addressed the issue of whether the agencies were appropriately “coordinating” with the county by staying abreast of local land-use plans, considering those plans when contemplating a federal action, providing early notification to local governments of proposed changes, and so on.

In the letter, the commissioners thanked the agencies “for their ongoing efforts to coordinate with Montezuma County as federal law requires.”

The letter stated that “coordination is not optional, and is not the same as public input.” It listed five elements of coordination mandated by Congress, and said, “As long as federal agencies make a good faith effort to follow all five directives, then coordination is happening.”

Some on the PLCC were angered by the letter. Their view was expressed in a letter to the editor in the Cortez Journal by David Dove (not a PLCC member) that accused the commissioners of “disloyalty and double crossing of the citizens of Montezuma County” and of writing with “slobbering sycophantic words.”

Monument Manager Eaton told the Free Press she appreciated the letter and the spirit of cooperation shown by the commissioners. “From my standpoint, I think we’ve forged a really good relationship with them,” she said. “We stay in touch with them, we let them know what’s going on. I think it’s been a very positive relationship.”

Eaton said she had been to several meetings of the PLCC and thought the discussions there were “really fruitful.”

“There were clearly some people that did not agree with the positions the monument has taken, especially relative to transportation planning, but you just agree to disagree respectfully.

“If anyone wants to make an RS 2477 assertion, I’ve said this many times at PLCC meetings and to the commissioners – my door is open for those discussions. My policy is to talk to my local commissioners.”

The BLM’s Clementson likewise said she appreciated the letter. “To me it said that we are moving in the right direction in working with the counties.”

Clementson said she had been meeting with the PLCC but would be happy to work directly with the commissioners.

PLCC members Zane Odell, Slim McWilliams, and Matt Clerk could not be reached for comment. Casey McClellan, an alternate on the PLCC, said he was disappointed that it had been disbanded, “but on the other hand it wasn’t made up of the right folks.” He said it needed to represent a more diverse set of user groups, although he also said he would pre fer it not include paid representatives of environmental groups.

He said he agreed with parts of the commissioners’ letter but not others. “I agree in that coordination has improved, but the letter kind of contradicted itself in places.”

He said it didn’t make sense to say that coordination was required by law and then to thank the agencies for making a “good faith effort” to comply with the law.

McClellan said he thought the concession by the agencies on motorized game retrieval was “a very small victory” that would mainly benefit out-of-state hunters rather than locals wanting to drive their ATVs cross-country year-round.

McClellan has been working with a different user group that he started called the Southwest Public Lands Coalition, and said he hopes it can work with the agencies.

Montezuma County also has a longstanding citizens’ advisory group called the Rangeland Stewardship Committee that has been working on grazing and other issues with agencies for years.

Koppenhafer said, contrary to the assertions of some of the hard-liners, the county does not have the ability to dictate what happens on federal lands. “Those agencies – I don’t feel like we have any power over them. If you read the Constitution, we don’t have any power over them whatsoever. I feel like we do a lot better for the citizens we represent by talking with the agencies and telling them what our perspectives are.”

Published in October 2012

Mancos voters asked to approve mill-levy increase for Re-6

A depressed economy and cuts in state education have trickled down to Mancos School District Re-6, forcing teachers into better-paying jobs and threatening the quality of education for youth attending Colorado’s longest-operating school.

To secure a better future for its 399 students, the district is again asking voters for a mill-levy increase to help alleviate the revenue loss, retain and recruit quality teachers and support K-12 education programs.

Since the 2009-10 school year, the district has suffered a loss of revenue totaling $384,140 and losses are expected to continue, according to Superintendent Brian Hanson.

The reduction is due to a combination of devalued property assessments tied to the district’s mill levy, cuts in state education, declining enrollment and rising health-care costs for teachers and staff.

“Those cuts in revenue for a school our size are significant so we are asking the voters to approve an additional $276,000 per year to help offset those cuts,” Hanson said.

“It is really a campaign for the kids, because if we can’t retain and recruit quality staff, then programs and classes for students would have to be cut.”

The ballot question, called a mill-levy override, asks voters to approve 5.379 additional mills.

The district is one of the lowest-paying schools in Southwest Colorado, explained Jen Paschal, a member of the Mill Levy Campaign Committee, a situation that has consequences.

“We had a teacher ready to start the next day and Durango called her up and offered $8,000 more in salary, so she had to take it,” Paschal recalled. “The cost of living in Mancos is high and a lot of our teachers can’t afford to live here, so it is a myth that teachers are overpaid. They spend their own money on classroom supplies and often have the extra costs of commuting here.”

The administration learned a lesson after a similar tax proposal was shot down last year, so this time they are asking for less money.

“One of the things that the community didn’t like about the previous proposal was that [the mill levy] didn’t sunset, so we decided if we ask again we will have it sunset in seven years and that is what we did,” Hanson explained. “We are hoping that in seven years, the economy will have recovered and the state will be fully funding education again.”

If the measure passes, property taxes on a $100,000 home (assessed value) would increase $3.57 per month. The increase would expire in 2019.

Hanson said the extra cost to the community will be alleviated somewhat when a 1992 bond for the school’s performance center is paid off in December.

As everyone tightens the belt on their budgets, the Mancos school district is keen to show they are cutting back as well, reports the Mill Levy Campaign Committee.

“Brian Hanson has done an excellent job of retaining staff and cutting costs, without big layoffs. Where others have had to cut art and music programs, he hasn’t, but there is only so much you can cut. Right now we are bare-bones,” Paschal said.

Recent budget cuts and savings include frozen salaries; reduced staff through attrition ($202,121); reduced instructional supplies ($66,112); elimination of four teacher’s- aide positions ($49,127); reduced funds for professional development ($6,620); and no maintenance projects.

Restructuring administration also has saved the district money. Two principals were reduced to one, saving $21,625; the counselor position was reduced to one full-time position that absorbs the registrar responsibilities; and sharing transportation services with the Dolores district saved $10,686.

Total savings amounted to $358,028, according to the Mill Levy Committee, but this is really a one-time savings, explained Paschal. “We can’t save that much every year.”

Without additional funding, deeper cuts are expected, school officials said, leading to a diminished educational experience. Boosters are hopeful that the community will step in and help.

The next presentations will be at the Mancos Library on Oct. 11 at 7 p.m. and on Oct. 30 at 6 p.m.

Published in October 2012

Dolores district seeks $3.5 million school bond

It is not too often a school district receives a grant of $2.62 million for capital improvements, but the catch is that the community taxpayers have to match the amount in order to receive the money.

That is the campaign being waged by the Dolores Re-4a school district. Ballot question 3C is considered a one-shot chance for upgrading aging facilities at a fraction of the true costs.

The Building Excellent Schools Today (BEST) grant provides funds to rebuild, repair or replace the state’s most dangerous and needy K-12 facilities. BEST is funded by the Colorado Lottery and school trust lands. The organization recently chose the crumbling Dolores school campus for funding, but only if the community antes up a matching share.

“Only once in a blue moon does an opportunity like this come around,” said Dolores schools Superintendent Scott Cooper. “There are so many districts that need this money so they try to give everyone one shot, and this is our one shot. We’ve seen other (voters in) school districts deny the match, and when that district tries again for the grant they are essentially told they lost their chance.”

Dolores schools score in the top 10 percent academically in the state, Cooper says, a testimonial to an inspired teacher staff, but much of the campus ranks in the bottom 10 percent for safe facilities in the state.

A recent tour highlighted a range of problems at the campus, built in the 1950s.

Cracks in the walls and foundations are widening and some require steel patchwork to keep together. Flat roofs leak onto lab materials, ruining textbooks and giving the rooms a mildewy aroma.

Outdated and downright dangerous science labs are worrisome for school administrators and teachers.

“This lab is designed for 16 students, and often we are forced to cram 24 in here,” said science teacher Dave Hopcia, reaching over to show how the emergency eye-wash has poor pressure.

The cave-like room smells of gas. Poor ventilation systems and no windows in the labs cause gas and CO2 buildup, an obvious health issue. Lab equipment and infrastructure are sub-par as well, Hopcia said, demonstrating how the rusted emergency shut-off requires a crescent wrench and a hefty pull.

“That’s illegal and dangerous. It’s a fire waiting to happen,” observed one tour participant.

“That needs to be a lever any kid can flip down,” Cooper added.

The ceiling in a nearby classroom is coated in black film, the accumulation of paint fumes, exhaust and gases leaking through the ventilation system from a nearby shop.

“Kids get headaches in here, and in the lab you see them get tired from the CO2 buildup,” Hopcia said. “There’s only so much you can do to a relic,” he added.

In the vocational-agricultural shop, high school Principal Brandon Thurston pointed out dated ventilations systems and a leaking roof that drains along the ceiling and down the wall where electrical boxes are located. The water puddles onto the floor and freezes in the winter.

“Electricity and water — not a good combination,” said Thurston.

Locker rooms are cramped and are insufficient to handle sports teams who often practice and have games at the same time. Most of the showers do not work and visiting teams lack access during and after games.

The master plan calls for 21st century technology for the science labs, classrooms and the vocational-agricultural building. It adds, rearranges and upgrades locker rooms to better accommodate girls and boys from all grade levels. The plan would connect all the buildings on campus, improving student monitoring and safety.

Also, additional rooms are added onto a cramped elementary school and connect it to the commons area, an improvement that “allows students more frequent access to the computer lab and library, and they will no longer be wet, cold and locked out of the main elementary building,” reported elementary Principal Sherri Maxwell.

The middle school as well would receive two additional classrooms and more lab space. An upgraded fire-sprinkler system, improved campus drainage and new sidewalks round out the improvements.

In total, the upgrades are estimated to cost $6.09 million. Of that, $2.62 million is paid for by the BEST grant, and the district is asking voters to fund the additional $3.47 million through a 20-year bond. The BEST grant is only paid if the bond is approved by voters; if not, the district gets none of the money.

For an average home in the Dolores district, the additional tax equates to $4.72 per month.

And there is another way to look at it, Cooper said: “People are concerned about the interest, but interest rates are down around 4 percent, so all the interest paid over the 20 years would be almost equal to the 43 percent that the grant is funding, or equivalent to an interest-free loan for 20 years to rebuild our school.”

Cooper explained that an assessment was done to determine if the facilities could be repaired, but it was not worth it.

“It was almost the same cost to get up to code with retrofits as it is to rebuild,” he said. “The important thing is that we will modernize so classrooms and locker rooms are very functional, safety is improved, class size is reduced and learning environments for students and teachers is top notch.”

In tough times, residents can be reluctant to approve additional taxes. But Cooper believes a modernized campus will pay off for the community.

“We have become a school of choice, and our enrollment is up,” Cooper said. “One of the first thing people considering moving here ask is, are they in the Dolores school district, because that is where they hear they should send their kids. When you have a strong school, businesses reap the benefits and home values go up, quality of life goes up.”

Published in October 2012

State Civil Rights Commission to hold local hearings

The Colorado Civil Rights Commission will hold two hearings in Montezuma County on Thursday, Oct. 25, to give residents of the region an opportunity to air complaints related to civil and human rights. The meetings are scheduled in Cortez at the First National Bank community room on Thursday, Oct. 25, 1-3 p.m. and in Towaoc at the Ute Mountain Casino from 6-8. Refreshments will be served.

The purpose of the hearings is to assess whether the civil rights of minority groups are being violated in the Cortez/ Montezuma County area.

According to a press release from the Montelores Human Rights Commission, “We had hoped that our MHR Coalition could do this periodically, and are grateful for the help from the Colorado State Commission.”

The Montelores Human Rights Coalition is an outgrowth of the Southwest Intertribal Voice begun by Art Neskahi, who serves as chairman of both groups “After Neskahi organized Southwest Intertribal Voice, it became clear to him that civil rights are not related only to race relations,” said Jobin, “but to LGBT issues, work discriminations, the handicapped – access to human rights extend to everyone. The Montelores Human Rights Commission was founded from that consciousness.”

Both groups focus on intertribal relations, but the Southwest Intertribal Voice is also a voice for cultural and language preservation. “We do a lot of educating in the schools as well,” said Gene Peck, a member of SIV, “about anything that impacts our Native community. We try to go between agencies, steer some civil-rights issues in the direction of advocacy, even bring issues into the schools, and educate our citizens on civil- and human-rights issues.”

John Dulles, former regional director of the U.S. Commission on Civil Rights in Denver, is assisting the Colorado Civil Rights Commission as they convene to learn more about what’s happening in the community and inform people of available resources. He will be attending the meetings in October.

During his service to the U.S. Commission he worked with many Native communities on racial issues, including the Blackfeet Tribe in Montana and the Tohono O’odham in Arizona.

“There are international parameters to these issues,” said Dulles, “and they’re not getting the media scrutiny they deserve.”

“Dulles has faithfully and continuously supported our work in Cortez, which he continues to do even after retirement,” said Bill Jobin, secretary of the Montelores Human Rights Commission. “We are lucky to have such a good friend in Cortez.”

Although the CCRC is an enforcement agency, Jobin explained, “We always hope a hearing such as this result in negotiations rather than litigation.”

Two such hearings were held in Cortez during the past decade. “They were full blown hearings at which the public was invited to come forward and bring complaints,” Jobin said. “But afterward nothing happened. It fizzled because there was no provision for follow-through.”

Legal action is the next step after a testimony. The Navajo Nation Human Rights Commission has ramped up its presence in all the border towns surrounding the reservation. It takes complaints seriously and is professionally involved in negotiations and the litigation necessary to resolve issues related to the Navajo people.

Representatives of the Navajo Nation Human Rights Commission will attend both meetings. “When people testify at the hearings we encourage them to streamline their message to a result they would like to see,” said Rachelle Todea, public information officer. “Typically citizen recommendations become recommendations in the reports.”

A suit over redistricting brought by NNHRC against the San Juan County Commissioners in Utah resulted in legal action and hearings upheld in district court. The Navajo Nation Human Rights Commission is currently interviewing legal firms in Salt Lake City to continue the litigation after lead attorney Brian Barnard passed away of natural causes suddenly in August 2012.

One-third of gross revenues in Montezuma County are contributed by Native American people living in Montezuma County and in nearby tribal nations, according to Jobin.

A greater proportion of Native family total income is spent in border towns because there is little shopping available on the reservations.

Peck said that 26 percent of Cortez school enrollment is now Native American. “The Navajo population in Cortez alone is increasing twice as much as any other group in the community.”

The state commission is billing the hearings as an informal discussion, but, according to Jobin, “there are always complaints – racial profiling is one of the most common. Recently there was a Ute man who, after being a loyal customer with a local Cortez business for decades, was told the business wouldn’t extend credit to him because two Navajo girls didn’t pay their bills.”

The Southwest Intertribal Voice and Montelores Human Rights Commission are encouraging people to appear at the hearings with their complaints.

Local groups hope to develop an advocacy office based in Cortez. “Hearing the complaints is part of the process, but follow-through gets more complex,” said Jobin. “Dulles thinks we need a full-time civil-rights advocate in Cortez, with financial support for the office, and is researching groups who might support it.”

For more information contact the secretary of the Montelores Human Rights Commission at coloradovalley@earthlink.net.

Published in October 2012

Cortez voters mull funds for new high school

If voters in the Cortez area approve Question 3B on the November ballot, they’ll gain $22.7 million from the Front Range and get a new high school for half-price. That’s the case that proponents of the measure are making to citizens in the Re-1 school district.

Earlier this year, Re-1 was awarded a BEST (Building Excellent Schools Today) grant from the state in a competitive process. But to access that grant of $22.7 million, the district has to raise matching funds, so it is asking voters to approve a mill-levy increase that will raise approximately $21 million.

The funds would be used to build a new, 162,500-square-foot high school on 35 acres near Walmart.

A new school is badly needed, according to Becky Brunk, co-chair of the Cortez 21st Century High School Committee, which is pushing the measure. “Safety and security are huge reasons,” she said.

The existing building on Seventh Street, built in 1967, has 21 exterior doors, “so it’s virtually impossible to monitor students as they come in and out,” she said. “Doors can be propped out. There is not video surveillance – just one camera monitored as someone is able.

“With modern security needs in the climate we have now, it’s exceptionally difficult to provide a safe and secure environment.”

Other glaring problems with the existing building, she said, include:

Fire safety. The building has just one fire wall and there are many places where it does not meet the fire code. There are also problems with egress in case of emergencies.

• Climate control and environment. Half the classrooms have no windows, as they are interior rooms, so there is no natural light, and the ventilation system is inadequate. “Temperatures go from in the 50s in the winter in some classrooms, up to the upper 80s in the warm months,” Brunk said. “I would venture to say any of us in our own homes would have a hard time hanging out with such temperature extremes.”

An inadequate electrical system. Many rooms have just two electrical outlets, requiring power cords to be strung all over the floor, Brunk said. And while there is still a lot of teaching that is done with just “basic paper and pencil,” many classes require students to have access to online resources.

Inadequate science labs. For instance, the chemistry section must have a shower in case of a hazardous-materials release, yet there is no drain in the floor.

Bathrooms that are not fully handicapped-accessible.

A too-small auditorium. Its capacity is 500, Brunk said, yet enrollment in MCHS is 645, so it would be impossible to have an event for the entire student body – much less for parents and staff, too.

A 14-acre campus. Having such a small campus means that student-athletes have to go all over the city to different venues for games and aren’t anywhere near their locker rooms, Brunk said.

If the bond is approved, it will cost residents an additional $23.40 in property taxes per year for every $100,000 in assessed valuation, according to the committee.

If the measure fails, a new school will still need to be built in the near future, Brunk said, but the BEST grant will no longer be available. The fund that provides those grants is growing smaller and large grants will not be handed out much longer.

Brunk said the cost of retrofitting and renovating the existing building has been estimated at $32 million, and a revamp would not solve all the problems with the current facility. Half the classrooms would still lack windows, and the campus would still be 14 acres.

Also, BEST grants are not awarded for renovation projects when those projects exceed 75 percent of the cost of just building a new facility, she said. “This is a less-expensive option for what we would be looking at in the future,” she said.

The new site, which is owned by Casa Villa Trust, was chosen for its nearness to adequate roads, the fact that it is not in a residential area, and the availability of fiberoptics. The land has not been purchased.

The bond and the BEST grant would pay for everything involved in constructing a new facility, she said – the land, site development, computers, furnishings, and window coverings. It would also cover demolition of the old building and preparing that land for resale. Brunk said stopgap measures won’t suffice.

“This is not about, ‘We just want a nice looking new school,’” she said. “This is a tool for our teachers and they need to have good tools.”

Published in October 2012

A ‘mammoth’ undertaking

The tamarisk-control project in the borderlands of Southeast Utah and Southwest Colorado had an interesting side effect. A few years ago, when the voracious, tamarisk-eating beetle was let loose on the banks of the San Juan River, it ate its way to a rock panel near Sand Island – exposing petroglyphs some say may be 13,000 years old.

A mastodon was found among the images pecked in the varnish. And according to Joe Pachak, longtime resident of Bluff, Utah, there are four more pecked in an arced U shape about 60 centimeters apart.

The final word on the projected Paleolithic ages of the art works may be up in the air, but that will not keep Pachak and fellow raconteur artist J.R. Lancaster from paying homage to the presence of the hairy mammoth in the nearby desert rimrock at the eighth annual Bluff Arts Festival.

The artistic happenings are spread over a four-day weekend, Oct 18-21. As they did last year, Lancaster and Pachak are presenting another giant, three-day sculpture workshop in which they and the first 10 volunteers to show up will create a replica of the mastodon in tree limbs and steel.

Lancaster and Pachak, the backbones of Bluff arts for many decades now, work the edges of the desert like two pros from an urban underground. Lancaster, a painter and photographer, is well-known for his oversized photographs of exquisite moments of canyon cliffhanging. His paintings border on the expressionism of the 1960s – bold, content- exploding brushstrokes and large-scale, often humorous comment.

Pachak is known for his three-dimensional work – sculptural statements on natural elements and the cycles of nature. He weaves the concept of sustainability and life energy into found material, turning the common grounds of shared natural experience into exquisite representations of the obvious and essential relationship. He is that rare artist viewers often credit with giving them their first “aha!” moment.

Currently, he is finishing a large concrete piece in honor of the desert bighorn sheep. It is dedicated to the late author Ellen Meloy of Bluff. Because, “among so many influences she had on us all, she is also responsible,” he says, “for the footpath that takes us from Bluff down to the river.”

The sculpture will be placed permanently on the banks of the San Juan River south of the Recapture Lodge.

Lancaster and Pachak will be holding court in their three-day workshop with 10 volunteers, tall stepladders and a selection of tree limbs picked from the community limb pile they will use to construct a giant tribute to the mastodon in the cliffs at Sand Island. “It is a likeness that reaches 10 feet tall at the shoulders,” says Lancaster, “bigger than an elephant and with horns that turn up, like the petroglyphs Pachak is documenting down there where the beetles ate a corridor to the cliff. We used to get there by climbing under the brush, but now that it died, the glyphs attract a lot of attention. Even National Geographic has come to help document the dates.”

Volunteers on the project will get the additional privilege of great storytelling from the sculptor team, as well a professional exposure to the technical education of working on a largescale public piece.

Last year, Pachak says, “we made a giant elk and then later I got an elk in season. We burned the huge elk sculpture on the solstice in December like we will do with the mastodon this year. “I threw the flaming atlatl into the elk to start the fire. This year there’ll be more flaming atlatl throwers to celebrate and burn the giant tribute to the mastodon with us.”

Also opening the Bluff Arts Festival on Thursday night is Kate Harris. She will read from her work “Lands of Lost Borders.” This year The Ellen Meloy Fund for Desert Writers chose Harris, of Vancouver, British Columbia, as the recipient of the seventh annual Desert Writers Award. A grant of $3,000 will support work on her upcoming book, “Cycling Silk,” which examines a 10-month bicycle trip through 10 countries along the ancient “Silk Road” of Marco Polo fame.

The trek, accomplished late last year, covered 10,000 kilometers of alpine desert ecosystems between Turkey and India, or in her words, “…from the Caucasus to the Karakoran mountains, and on the Ustyurt, Pamir, and Tibetan plateaus in between.”

The central theme revolves around borders, “the boundaries that atlases depict and armies enforce,” she said. Harris and her cycling partner spent months in each region learning the lay of the land, tracking migratory species such as Marco Polo sheep and Saiga antelope across their trans-boundary ranges, and interviewing local people, wildlife biologists, and government officials – “all to better understand how borders impact the integrity of wild species and spaces.”

“I am writing a literary non-fiction book that aims to bring the Silk Road’s stunning, complicated borderlands to vivid life in minds and hearts,” Harris says. “For this is wilderness conservation’s most crucial project: making people fall in love with wild places, making deserts and mountains more than merely backdrop.”

The Ellen Meloy Fund gave its first award of $1,000 in 2006. As the fund has grown, the board has increased the grant award. The fund supports writers whose work reflects the spirit and passion for the desert embodied in Meloy’s writing and in her commitment to a “deep map of place.” Before her untimely death in 2004, Meloy published four books, numerous articles, and radio commentaries. Her last book, “Eating Stone,” won the John Burrows Association Medal for 2007. An earlier work, “The Anthropology of Turquoise,” was a finalist for the Pulitzer Prize.

The Bluff Arts Festival is hosting a rangy variety of events throughout the four days – something for just about anyone – even a tiny film festival of important cultural / documentary films.

If Free Press readers missed the Rocks with Wings Film Festival in Shiprock last June, another chance to view some exceptional work by rising filmmaking stars will show on Friday, Oct. 19, from 7 to 10 p.m., at the Community Center.

Melissa Henry, Red Ant Films (see Free Press, June 2012), will present the essence of being a horse in the short narrative, “Horse You See.” Ross, the star of the film, walks and talks the business of being a horse on the Navajo Reservation. It is an opportunity to learn about the Navajo culture in a typically humorous, down-to-earth approach to defining identity through beauty and simplicity. Henry is also showing “Run Red Walk,” starring a sheepherding dog, and, “A History of Navajo Wool: As Told by Baa Baa,” currently in pre-production, finishing the trilogy at the Bluff showing.

In the Friday film festival, Ramona Emerson and her husband, Kelly Byars, Reel Indian Pictures, are screening, “A Return Home,” the story of a landscape artist raised outside the Navajo Nation.

The theme this year at the festival is “ARTchitecture.” It’s flexible, so speakers and workshops can be drawn from more diverse and collaborative practices. The documentary, “Design Build Bluff,” describes projects that connect the graduate design students from University of Utah to the families they select to build homes for in and around Bluff.

Now, after nine successful building projects with founder Hank Louis, the students have enough shared experience to tell the story of their work with contextual nuance. Filmmaker Greg Windley, Handstand Productions, focuses the narrative on the lessons learned by students and how the project in the field will express their design philosophy in the future.

The keynote speaker on Saturday night, Oct. 20, is also an architect. Genevieve Baudoin will talk about site and context informing the unique architectural style of the Southwest. Baudoin, now a professor of architecture at the University of Kansas, has designed projects in London, Abu Dhabi, and Doha Qatar.

For more information on the festival see www.bluffutah.org or contact Tina at 435- 672-2253 or tkrutsky@frontiernet.net.

Published in October 2012

Liking the word ‘Independent’

LARRY DON SUCKLA

Larry Don Suckla

Larry Don Suckla is aware that running for county commissioner as an unaffiliated candidate is not the easiest path to being elected, but he isn’t daunted.

“I don’t think there’s been an independent that’s won,” he said, “but I have a good feeling about this.”

Suckla, a rancher and auctioneer, is facing another unaffiliated candidate, Greg Kemp, and Republican Dewayne Findley in a contest for the commission seat from District 3, the Mancos area. The winner will replace the term-limited incumbent, Gerald Koppenhafer.

Suckla is comfortable being unaffiliated. He said one side of his family is Republican, the other Democratic. “At times I have seen value in each side. I’ve always thought you should pick the best person and not the party.”

He added with a grin, “And I just like the word ‘independent’.”

Suckla is familiar to many in the county because of his work. The co-owner of Diamond Jim Land Auctions and Suckla Auction Service has volunteered his services as an auctioneer at the annual dessert fundraiser for the Bridge Emergency Shelter and announces at rodeos for high-school students locally.

In addition, he has been a volunteer firefighter with the Lewis-Arriola fire department for more than a decade.

The dynamics of a three-way race can be complicated. Kemp, who was profiled in the April 2012 Free Press, has followed county land-use policy for years and has spoken at numerous public hearings, generally urging the commissioners to heed the concerns of landowners worried about neighboring industrial and commercial uses.

Findley, who served one term as commissioner from 2003 to 2009, is a conservative Republican who is regarded as listening to all sides and taking fairly moderate positions. He was profiled in the May Free Press.

How voters will decide among the three candidates is anyone’s guess, but Suckla said he doesn’t worry too much about strategy.

“I look at this race like golf. I’m playing against myself. What I do and how I act is what matters. There’s no mud-slinging going on. Those two gentlemen I respect, and they can do what they want.”

Suckla said, if elected, he would like to make one change immediately involving the layout of the commission meeting room. He would like the commission chair to sit in the center of one side of the table with the other two board members flanking him. “I would have the chair ask them their thoughts on every issue. That way in the minutes you have the opportunities of all three commissioners giving their views,” he said.

He also does not like the fact that Administrator Ashton Harrison doesn’t face the audience, so he would move in a longer table to allow Harrison and the three commissioners all to sit on one side of it facing the people.

Suckla said he would also like to implement an easy way for citizens to register both complaints and compliments. “I’d like the administrator to read the complaints at the first of the meeting. If we have repetition in those complaints, those need to be addressed,” he said.

Suckla also wants better signage explaining how to use the lift chair to access the third floor of the courthouse, where the commission meetings are held. And he thinks the board’s PA system needs work “I’m an auctioneer so I work with them all the time. AudioBox could fix that.”

But beyond those logistical issues, Suckla believes the major concerns facing the new board will be those that have proven thorny over the past several years: zoning and public lands.

“I don’t like zoning,” he said firmly. “However, as a commissioner you are bound by law to abide by what the current laws are.” He said he would not seek to change the existing land-use code without a vote of the people.

He said La Plata County, which does not have countywide zoning,” seems to be doing a better job than us for growth.”

Regarding public lands, Suckla is “a true believer in multiple use.” He said his family has always advocated for broad access and multiple use. “My grandfather testified on the public-lands council in Washington a couple times.”

He said his approach would “start from where they [the current board] left off with the Forest Service. As a commissioner you have got to stay on top of it. If I felt like our rights were being infringed on, I would do everything in my power to stop that, which would mean that I would do whatever it took. If I felt it was an injustice being played on us I’d fight.”

He said the main problem in sometimes troubled relations with the local Forest Service and BLM is turnover among agency officials. “They get somebody in here and they work on the forest, and right when they start learning what we know about the forest because we’ve lived here all our lives, they move to another forest. If the government could get somebody here and let them stay for a while that would help.”

He said he wants to run the county “more like a corporation” and would go to each county department and ask the employees to provide two suggestions to improve that department. The suggestions would be given directly to the commissioners. He said the county is a service company and he wants it to be more efficient. “Nobody wants their tax money wasted.”

He said Kinder Morgan is a friend to the county but he supports the commissioners and assessor in their fight to ensure that the company pays what the county believes is its fair share of property taxes.

Suckla said the current board has done a good job and praised it for being fiscally responsible. Suckla said he is running because he is concerned for his children’s future and the future of the area.

“I love this place, the beauty of it.”

He also loves the diversity of the people and their viewpoints. “That’s why I’m running. I love where I live. I feel I’ll be good for the job because in my job I’m a negotiator. Our business is all about bartering. The commissioners need to be very good negotiators for the people and I’m a strong believer in the Constitution.”

Suckla said he will base his decisions, including those on development proposals, on whether something is constitutionally right or wrong. But he hopes to be able to find ways to help each side when controversies erupt.

“I think that there are ways to fix problems, to talk to each side. As a commissioner probably the most important part of your job is to be able to keep control of both sides there, to have them be able to speak with each other and not have a shouting match. You have to be extremely open minded to be the type of person to do that. I have expertise.”

But Suckla is prepared to deal with criticism and disagreement if he is elected.

“I feel like if I’m doing a good job, not everybody is going to like what I’m doing. But the important thing is to do it right.”

Published in October 2012

Studying the effect of uranium on Navajos

Three decades after the end of uranium mining on the Navajo Nation, a study is being launched to see how ongoing exposure to contaminated sites may be affecting pregnant women and children.

CARMEN BIA

Carmen Bia asks for information about the Navajo Birth Cohort Study while visiting Chinle (Ariz.) Indian Health Services. Courtesy photo

In 2009, Congress awarded funding for the Navajo Birth Cohort Study, recently launched on the Navajo reservation. The initial money supports a three-year cooperative agreement with the University of New Mexico Community Environmental Health Program to design and conduct the study with the Centers for Disease Control/Agency for Toxic Substances and Disease Registry, the Navajo Area Indian Health Service and the Navajo Nation.

In June 2012 the House Committee on Appropriations passed a bill continuing support of the health study – the first study to focus on pregnancy and neonatal outcomes in a uranium-exposed population – through 2013.

“It is a valuable study and an important step toward understanding the impact uranium- mining had on non-miners who lived near or were exposed to uranium tailings,” said Doug Brugge, PhD, now chairperson of the Community-Level Health Promotion Study Section at the National Institute of Heath’s Center for Scientific Review, in an email to the Free Press.

In October, the project will begin enrolling women in the study.

A toxic legacy

Nearly 4 million tons of uranium ore was mined from the Navajo reservation between 1944 and 1986. Hundreds of underground or open-pit mining, exploration, crushing, and transfer operations plus four processing sites at Tuba City, Mexican Hat, Shiprock and Church Rock produced yellowcake for the then United States Atomic Energy Commission charged with developing the U.S. nuclear arsenal, promoting world peace, improving the public welfare and strengthening free competition in private enterprise.

The last operating mines closed in the mid-1980s, leaving behind 1,100 abandoned waste sites associated with 520 un-remediated abandoned uranium mines on the Navajo Nation, all unmarked and in proximity to communities where children live and play.

Since then, the continual exposure of Navajo people to physical hazards contributes to a feeling quietly smoldering among some Diné that the people have been part of a macabre human-research project designed to test the consequences of radiation exposure.

Testifying in 2007 before the U.S. House Committee on Oversight and Government Reform on the environmental effects of uranium- mining, George Arthur, then-chair of the Navajo Resources Committee, said, “[We are] undergoing what appears to be a never ending federal experiment to see how much devastation can be endured by a people and a society from exposure to radiation in air, water, in and on the surface of the land. We are unwilling to be the subjects of that ongoing experiment any longer.”

He iterated that the Navajo Nation council passed legislation in 2005 detailing findings about the devastation caused by uranium mining and processing. The council found that the damage continues, he said, in the form of “… monetary compensation owed to uranium workers, the presence of hundreds of un-remediated or partially remediated uranium mines, tailings piles and waste piles, and the absence of medical studies on the health status of [Navajo people] who live in uranium-mining impacted communities.”

A lack of health studies

The 2007 hearings established that no comprehensive health studies had been done in spite of the potential for long-term chronic exposures to people living near the perilous waste.

Another witness at the hearing, Brugge, told the House committee that the one study under way in 2007 addressed kidney disease – not birth defects or cancer.

“Today, I can only hope that the path is far shorter than the one traveled by the uranium miners and their families,” Brugge said.

Appealing to Congress at the 2007 hearing, he explained that “tens of thousands of Navajo people still live next to abandoned mines and/or exposed to uranium from the contaminated dusts brought home by their working relatives.” He continued, “If we are to understand the full extent of this injustice, we need additional health studies.”

The hearing resulted in a congressional directive to come up with a remediation plan for abandoned mines as well as homes made with mine wastes, and to locate and replace water sources contaminated with uranium and other hazardous substances.

Congress also mandated support for health studies in uranium-impacted communities, including non-occupational uranium exposure.

Peanut butter vs. uranium

The failure to address the ongoing exposure was caused not only by political and corporate apathy and a shortage of research funding, according to Malcolm Benally, media specialist for the project. Mainstream media’s disregard for the issue is a factor as well, he said.

“Today’s popular media can easily catch on to how a student’s peanut-butter-and jam sandwich can be banned from public school lunches because one child is allergic to peanut butter,” Benally said. “After reading the ‘peanut butter’ article, I immediately wondered, how does that issue fascinate the media more than the ongoing issues of uranium, which raises important questions for the whole country to answer?”

The project, although mandated by Congress, is primarily a response to community concerns about the effects of exposure on pregnancies and child development.

The target group, Navajo mothers-to-be and their babies, are the grandchildren of the mine-working generation. They, and their families, continue to work and live around the potentially contaminating sites.

“Our communities are very well informed about their own issues,” Benally said, “especially when it comes to the health of their children, their animals, and clean water and windmills associated with wells that are needed for basic necessities at home.”

In a sense, the people are self-educated by their own family experiences. Many people suspect that scientific numbers and a trail of evidence will validate their often-painful stories about uranium.

Who can enroll?

The project has room for 1,500 pregnant women between the ages of 14 and 45 who have lived on the reservation for a minimum of 5 years. They must have a confirmed pregnancy, and plan to deliver at one of the five Indian Health Services facilities. Current residence and uranium exposure are not criteria. The study is also ethnically and tribally inclusive – any woman fitting the criteria is eligible.

Participants will be followed through pregnancy and the child’s first year of life through surveys, developmental, clinical and home assessments, and analysis of biological samples. Should any evidence of environmental risks or developmental delays be identified, families will be referred to early intervention or remediation programs.

NAVAJO RESERVATION URANIUM CONTAMINATION

A uranium-contaminated site on the Navajo Reservation in 2010, prior to its clean-up in 2012 Many other sites still need remediation. By Sonja Horshko

Questions are asked that fit the traditional Navajo lifestyle in order to determine possible exposing environments such as those found while herding sheep and cattle, or hauling water and firewood. The study will explore the woman’s everyday patterns and relationship to traditional Navajo activities and place, such as how they use the land and water around them.

Assessing exposure

Johnnye Lewis, Ph.D., is the director of the Community Environmental Health Program, Health Sciences Center, at the University of New Mexico. As principal investigator in the project, she coordinates the professional research team drawn from the five agencies responsible for implementing the project.

The heart of the project is the well-being of the mothers and children, and by extension, future generations. The fact that more than 500 abandoned uranium mines with their impacts on Navajo people sat unnoticed for more than 50 years leads Lewis to think that “moms have wanted to study the effects.”

But studying exposure can be tricky. It, like a clear, moving vapor, seems invisible until a study puts parameters and structure to the work.

This study will include “women from both exposed and unexposed communities, so we have a full spectrum of exposures to inform the results, including those with no exposures,” Lewis said.

Information on the location of each mine and waste site, soil contamination and water quality in livestock wells will be included, because those wells have often been used for drinking water by humans.

“We will be conducting surveys [with the client] as a first level of information, including lab sampling, on potential exposures, and logging the actual geospatial residences of the moms during the pregnancy,” Lewis said.

“Exposure assessment is very challenging, and overall their approach is good,” commented Brugge. “They will have actual measures of uranium in blood and urine, for example, rather than simply self-report or distance from home, which may be less reliable.”

But not all of the potential exposures are exterior. Many happen in the home, writes Lewis. “We will make assessments there … in dust-wipe samples. We’ll do scans to determine whether or not radioactive materials were used in home construction, and do visual observation of any potential exposure sources within that home that may present known risks for the babies.”

‘Cohorts’

A reservation-wide marketing and public awareness campaign is bringing the details to the people in various formats — videos, brochures and forms written in English and Navajo. The information explains expectations of participants, all rights, medical terms, contractual agreements and future benefits to the client. The intent is to be as clear and as culturally sensitive as possible.

“Finding language for quality translations that describe concepts in the best way we can is a major thrust of our language team,” explained Benally. “It’s a beautiful component that directly benefits the participants, the children, the study and the future implications of the results. Words such as ‘arsenic levels,’ or potential sources of exposure such as ‘water or dust with lead in it,’ never get explained accurately.”

The phrase “Navajo Birth Cohort” is a linguistic concept best described in Navajo as, “walking in the birth of new generations.”

The dictionary reveals that the term ‘cohort,’ in English, implies “the sense of a group; emphasizing companionship and association. “Together we are the ‘cohorts’ of the study,” Benally said.

In the preliminary stages of the study proposal the research team worked with community members and Navajo institutions to design the project and assure the Navajo Nation Institutional Review Board that the study will not endanger the physical or cultural well-being of the Diné.

That stringent process, the Navajo moratorium on all genetic research and the requirement that conclusions be reviewed by the tribe before publication assure tight control over potential discrimination that can occur in tribal research studies. But it also requires tangible benefits to the client and the nation.

In this case, participants will receive early assessment and education on environmental, prenatal risks. If indications of any serious levels of contamination are present the family will be referred to the appropriate agency for further environmental testing.

If developmental indicators are present, the family is given access to community based infant services, such as Growing In Beauty and the Navajo Nation Early Intervention Program.

Early detection

It’s been decades since the story of uranium- mining and Navajo exposure began. This first prenatal research project will inform the health providers with a more thorough and concise understanding of the impacts of environmental exposures.

“A young woman who takes the step to join the study is participating in the reality of how environmental contamination can affect children, but the mom and her child are also contributing to the improvement of early-detection programs and, hopefully, to prevention and developmental and health programs that can help,” said Benally.

In October, the Navajo Birth Cohort Study will begin releasing short educational videos on YouTube. The first two include an introduction to the study and a young woman’s eligibility interview with a clinical liaison. There will be other videos about uranium, environmental contaminants, and the study’s progress.

“Young people and communities are coming together to support this study by telling their stories or by helping out the best way they can,” said Benally, who directed the documentaries.

For more information on the Navajo Baby Cohort Study, call toll-free 1-877-545-6775 or contact Clinical Liaisons at the nearest Indian Health Service: Chinle Comprehensive Health Care Facility, Tséhootsooí Medical Center, Gallup Indian Medical Center, Shiprock- Northern Navajo Medical Center and Tuba City Regional Health Care Corporation Health care providers.

Published in October 2012 Tagged

Suckla wins commission position; school measures all pass (web only)

Final unofficial votes from Montezuma County:

 

Commissioner, District 3

Dewayne Findley   4,627   40.04%

Larry Don Suckla   5,324   46.07%

Greg Kemp   1,606   13.90%

 

Measure 3A (Mancos)

Yes   1,042  60.37%

No   684   39.63%

 

Measure 3B (Cortez Re-1)

Yes   5,106   62.45%

No   3,070   37.55%

 

Measure 3C  (Dolores Re-4A)

Yes   1,415   63.65%

No   808  36.35%

Published in November 2012

Romney’s positions are proof of quantum physics

By Tim Cooper

A Parallel Universe News Service –  Stanford University’s  professor of theoretical physics Tyme Cangeru declared today that the  models produced by the application of “string theory”, the overarching mathematical explanation of the universe, to the latest poll numbers in  “swing” states, predict that Mitt Romney will both win and lose the election by a small margin.  The theory foretells a dual-state condition, presided over by a Higgs Boson and family of fundamental particles known as muons that quack like a quark. Infinite universes will be spawned under the Republican “Big Tent,”   which is described as a hypercatenary concretion of pro-life, free choicers who will lower the deficit by decreasing revenue.  The equations suggest that one such universe may eliminate all public debt by defunding Planned Parenthood, FEMA and Sesame Street.

Scientist have named the numberless potential pathways of a new Romney universe “Rove World” after the famous architect of George W. Bush’s two successful bids for the Presidency, in 2000 and 2004.  This period is now acknowledged as the largest collection of catastrophic missteps in foreign, domestic, fiscal, energy, and environmental policy in U.S. history. Mr. Rove lost his job, as did many, during the largest economic meltdown in this century, but has regained his position as the most effective manipulator of public opinion to ever write a check for a $6 million negative-ad blitz. The fact that he could put forward a candidate that actually had a chance, considering what happened after his last two successes, is perhaps the most sobering aspect to consider when contemplating the uncertain future of democracy.

One possible planet in the Rove cosmos has been termed Bainland, where the country attains full employment by having the entire population involved in mergers, acquisitions and private equity restructuring, the “transactional economy” which rocketed Mr. Romney and his entire family to stratospheric wealth, while avoiding the troublesome process of actually producing anything.  Tremendous gains national net worth are possible if only a small fraction of the population were to do as well as Mr. Romney has.  The Northeast, for example could be in charge of identifying undervalued companies carrying minimal debt.  Much of the Mid-West could be put to work closing under-performing branches, reducing overhead and outsourcing labor costs.  The West Coast seems particularly well suited to leveraging assets and assuming crushing debt loads in order to pay huge sums to investors, who would use the money not for multiple mansions, race horses, or padding Cayman Island bank accounts; but to further job creation, which is pretty much all the filthy rich are concerned about. The western states could make coffee, or sorry, postum, and Florida might clean the office. Everybody is happy in Bainland, a universe constituted solely of fabulously well-to-do paper-shufflers, made possible by Mr. Romney’s demonstrated business acumen.

Professor Cangeru also stated that the Romney campaign was the most convincing proof to date of the Heisenberg Uncertainty Principle, which states it is impossible to know both the location and momentum of a particle at the same time.  The act of observing the particle affects its position.  “The observation that Romney has been on both sides of the abortion, gun-control, health-insurance, and climate-change issues, was described perfectly by the Uncertainty Principle, which was formulated by  Heisenberg in 1927,” the Professor explained.  “Elemental particles exhibit the properties of both a wave and a solid, but that’s a parlor trick compared to the ability to enthusiastically embrace contradictory positions on major issues. This “quantum weaseliness,” coupled with an electorate that has largely erased any recollection of the faith-based disasters of the Bush years, is thought to have been a large factor in Romney’s win/loss.

Potential former President Obama, squeaked out/suffered a narrow victory/defeat, which most analysts attribute to his Affordable Care Act/slow economic recovery/oversize ears.  “Many of the infinite potential universes we might face will benefit greatly from the work we’ve done,”  he said.  “I look forward to the challenge of building consensus between ourselves and a rabidly anti-government obstructionist opposition/spending more time with my family. “

Published in Election

High school doesn’t deserve tax increase

Voting is such an earned right, and we all have our opinions, but I have huge concerns regarding the 3B on the ballot concerning our communities need for a new high school.

First of all, RE 1 School District’s graduation ratio is at 49 percent. They are seriously struggling to maintain accreditation, due to low test scores. And sadly the teachers start at approximately $10,000 more a year just 45 miles away.

Then there is the issue of a proven record of success. The High School started this school year with a new principal, and since last spring we are now on our third School Superintendent. There has not been enough time to determine if the infrastructure has changed.

What thus far has the Superintendent done that overrides the fact, the school district paid the former superintendent, Stacy Houser, all of his contract. Which rumor had it with his stips, he received for auto insurance, and gas, he made around a $150,000 per year, while the teachers were forced to a four-year pay freeze. Perhaps brought on by the State of Colorado, but all the same wow, how does Enron sound to anyone?

Then you have this forgotten memory of the huge tax miscalculation done to the Fire District, which was more money than my little casa is worth. What if Mark Vanderpool’s office once again makes the same mistake and that $20 per hundred thousand for 20 years, turns into a lot more?

Gosh, yes, they need a new high school! And it is too bad this type of opportunity to match is a “once in a lifetime” offer, I would not hesitate if there was a proven record of change. A new building will not raise morale, in students and teachers, higher test scores, and most importantly higher graduation ratios. For goodness sakes, the Open High, which has higher graduation ratios, and teachers that actually give a huge contribution to this community was denied such a paltry amount, in comparison. The ignorant know naught. To think you are a criminal because you attend that school is total BS. There is more taught than ABC’s and being accepted and respected is a huge degree of what makes you a decent human.

What appears to be wrong with RE 1 is from within, and having faith the new leadership will make a difference should be based on actions not verbiage. A multi-million-dollar building is like using plastic surgery as an alternative to beauty. Like my Grandma always said, “Beauty is skin deep, and ugly is to the bone.” Fix the problem first before you raise our taxes. Pay our teachers more, instead of our administrators making so much more, by comparison, who needs admin without teachers?

 

Sincerely,

Kelly Parker

Cortez

Published in Election

Juvenile charged in Weber Fire (web only)

DENVER – A juvenile has been charged with two counts of juvenile delinquency in relation to starting the Weber Fire, the U.S. Attorney’s Office and the Bureau of Land Management (BLM) have announced. The fire burned over 10,000 acres of federal, state and private lands near Mancos, Colorado, causing over $5 million in damages. The charges were filed in a two-count Information on Oct. 29, 2012. The defendant will receive a summons to appear in federal court in Durango on a date certain.

According to the information, on June 22, 2012, the juvenile willfully set on fire any timber, underbrush, or grass or other inflammable material on lands owned by the United States Government. Specifically, the juvenile gathered up leaves and underbrush around a bush, and using a Bic lighter, lit the underbrush causing it to burn and ignite nearby timber, all located on Bureau of Land Management land in Weber Canyon in Montezuma County.

Further, the information states that the juvenile willfully caused more than $1,000 in damage to United States Government property by lighting the underbrush on fire.

Under the terms of the Juvenile Justice and Delinquency Prevention Act, the government is not allowed to disclose any identifying information regarding the identity or other facts about the juvenile.

If convicted of juvenile delinquency, the juvenile defendant faces not more than the lesser of (1) the date when the juvenile becomes twenty-one years old, (2) the maximum of the guideline range, applicable to an otherwise similarly situated adult, or (3) the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult; plus restitution; and 5 years juvenile delinquent supervision.

The fire was investigated by the Bureau of Land Management, with assistance from the Montezuma County Sheriff’s Office.

The juvenile defendant is being prosecuted by Assistant U.S. Attorney James Candelaria.

The charges in the Information are allegations, and the defendant is presumed innocent until proven guilty.

 

Published in November 2012

Amendment 64, will reason or blind conservatism prevail?

By Travis Kelly

Up for our vote in November here in Colorado, Amendment 64 would do two immensely sane and beneficial things: 1. Re-legalize marijuana and regulate it just like alcohol. 2. Make the growing of industrial hemp crops legal again.

In the 1930s, the folly of alcohol prohibition was finally recognized, and repealed. The folly of marijuana prohibition is now finally being recognized by a wide spectrum of studied professionals in the universities, medical schools, and on the front lines of law enforcement. In the debate about how to conduct our wars in the Middle East, it is often said that we should “listen to what the troops on the ground say.” So should we now in the longest war in our history -— The War on Some Drugs…

Read the rest of the story in the Grand Junction Free Press

Published in Election Tagged

Sal Pace is a man of moderate world view

You know it is a topsy turvy world when your congressman

• Votes to deeply defund government support for those who need help the most and protect largesse for those who need it the least. Like slashing prenatal and childhood nutrition programs in poor neighborhoods while voting eighteen times to protect the subsidies and tax loopholes for Big Oil. Like preferring Fat Cats to Big Bird and malnourished children.

• Calls himself an “environmental steward” while voting in excess of 100 times to either defund or otherwise weaken protections for our air and water, like throwing open our Roadless and Wilderness Study Areas to logging and any other exploitation the corporate mind can imagine. Like stripping any environmental review from the mine permitting process. Like ignoring or opposing any effort to deal with Global Warming.

• Promises “no cuts, no privatization” to Medicare, then votes twice to privatize Medicare by converting it into a voucher system, deeply cut Medicaid (health care for our poorest children and nursing home care for our poorest elderly) while providing a massive tax cut for those who are already doing quite well.

• Joins the popular call for Monument status for Chimney Rock but would not fund it. Like asking the President to declare it so while at the same time working on legislation to prevent his being able to make that declaration.

• Constantly objects to the presence of government in our lives and then votes to have government monitor the private lives of women, with a new, narrow definition of rape.

• Promises to represent us, but then ignores the fact that democracy requires constructive compromise. Like bringing debate to an acrimonious standstill, so that the current congress rates the least productive in seventy years and with the lowest approval rating of all time.

We must stop this topsy-turvy standing on our heads before serious brain damage occurs. It is time to replace Scott Tipton with Sal Pace, a man of moderate world view who has already demonstrated that he can and would replace rigid ideology with careful analysis and constructive compromise.

Sincerely,
Christopher Isensee
Durango, Colo.

Published in Election

A rational argument why conservatives should vote for Sal Pace

If there’s one thing Congress has proven in the last four years it’s that it can’t get anything done. Our political system has become an unmanageable log jam thanks in large part to an unwillingness on the conservative side of the aisle to negotiate or compromise in good faith. It’s like Congress has forgotten what it’s there for. Do you remember? Congress is supposed to move our country ahead; to protect its People, to improve the quality of life toward for all the People of the United States; young, old, rich, poor, men, women, gay, Jews, Christians, Muslims, Catholics, Baptists, Methodists and the ever burdened middle class.

We wring our hands over countries who are building their economies, learning new ways to feed and care for their people, those countries who rattle their sabers at America or who out flank us in science, mathematics and nation-building. Yet Congress sits like truculent school children who would rather hold their breaths until they turn blue before cooperating for the good of the nation as a whole.

Let’s look at voting records for a minute. Scott Tipton votes a straight Republican party line which has much more to do with making President Obama a ‘one-term president’ than working to better our country on behalf of the American People. Consensus-building? Forget about it! Compromise? No way! Reach across the aisle to find common ground? Not a chance! No folks, Mr. Tipton would rather hold his breath until he turns blue.

Take a look at Sal Pace’s voting record. Mr. Pace has earned the reputation of being a consensus builder and working with his opposite number in the Colorado Legislature to find common ground and build relationships with conservative legislators. He will vote with his political rivals in the name of working for the People of Colorado, not his political party or political ‘business partners’ to whom his vote is owed.

Suppose President Obama is re-elected, a very strong possibility this late in the campaign. What do you think is going to happen? I can tell you, more of the same –

Tipton will hold his breath again and again and the legislative log jam will continue to get worse and worse.

Sal Pace, on the other hand, will focus on the issues before him, work with all his colleagues in congress to chart a new path for America. He will work toward economic prosperity for Colorado and the country, find real, sustainable solutions to America’s health care problems, help our young people to get the education they need to be productive members of the workforce and equip them to take command of our country’s future; all this regardless of who is president.

So who do you want working for you in Washington, Mr. ‘More-of-the-Same’ or Sal Pace? The choice is clear, vote for the person who will work with both sides of the aisle to make American stronger.

Vote for Sal Pace.

John Egan
Pagosa Springs, Colo.

Published in Election

At the cell level

There’s nothing like entering a dimmed theater to dramatize how thoroughly our senses slam shut, especially if it’s a sunny day outside. Sensory deprivation, that old story of having to rely on, even if just for a moment, yourself.

Stepping through the swinging doors at the back of the auditorium, I’m blinded by the near-dark, my irises shocked, my feet unsteady and stumbling along the aisle, trying to zero in on a good, centrally located seat.

But when I glance from side to side, focus like an airplane pilot approaching a runway, I can navigate any landing, no matter how hazardous, thanks to the theater public’s insatiable urge to fiddle with their cell phones.

The impulse might seem completely understandable, because the movie hasn’t started, so what else is there to do? Certainly not talk with the person sitting beside you!

For one thing, letting a lot of people who aren’t with you in the theater know that you are at the movies is a questionable strategy for maintaining any sort of disguise that the darkness affords you. Bilbo Baggins had a similar complication while trying to sneak his newly acquired Precious away from Gollum, the ring glowing in his pocket the whole time, insisting that it be taken out. Harry Potter probably felt the same itch while masked by his cloak of invisibility — a compulsion to illuminate at least the tip of his wand.

Of course, you don’t have to go to the movies to notice how pervasive the use of handheld electronic devices has become. It’s also a bit perverse, that having bought tickets for a big-screen adventure, so many people can’t put aside their little screens.

Sensory deprivation is apparently a challenge in this technology- driven world. Researchers at the University of Glasgow found half of their respondents checking email at least every hour, some clicking 30 to 40 times each hour. They likened this behavior to an addiction, a dysfunction that I would add seems to be happening at the cell level.

I’m still surprised when someone near me, perhaps in the same grocery aisle or checkout line, suddenly starts talking, as if to the air, inevitably beginning the conversation with the explanation of where he or she is located at this particular moment. I have overheard so many “what are you doing now?” conversations that I could be an eavesdropper, except I have no desire to listen in. I just can’t avoid it.

But now I understand that maybe the person answering the call can’t help it either. Texting does limit the intrusion, and I am astounded to see what fat human fingers can accomplish on those teeny-weeny keypads.

When I taught high school, I always had to warn at least one student in every class to put his or her cell phone away. One girl in particular after being warned once, complied with a smile and put her cell phone into her purse. I thanked her. She smiled again. I continued my lesson until I noticed that her hand was still in her purse. But she was looking at me, watching me write on the chalkboard, nodding, and all while her purse twitched on top of her desk.

I am not trying to preach intolerance for the public’s use of handheld devices. I am just amazed at how many people have relationships with their cell phones. Dating couples holding hands, but each with a firm grasp on a cell phone in the other hand. We wear our devices like jewelry, one eye on the traffic, the other on the possibility that someone needs to know what we’re doing. We sit down at a table and the cell phone gets placed on the tabletop, beside the bottle of beer, like a conversation opener.

A lovely lady named Gladys once made a salient point about phones. Her phone started ringing as I rose to leave. She followed me to the door, the phone still ringing. I said I’d let myself out if she wanted to answer her phone. She winked and said, “I got that phone for my convenience, not for whoever is calling me.”

When she made this remark, cell phones didn’t exist. At the time my home telephone was one of the last party lines in Montezuma County. Gladys has been disconnected from this earth for nearly 25 years, but for me her signal is strong and still coming through.

David Feela lives in Montezuma County, Colo.

Published in David Feela

Landowners can seek restitution for fire damage (web only)

Landowners who sustained damage to their property as a result of the Roatcap Fire last week near Dolores should contact the Montezuma County Sheriff’s Office, according to Paul Hollar, emergency manager for the county. The sheriff’s office will attach the information to the case being prepared against suspect Roger “Bucky” Stratton and the district attorney will try to get restitution for costs involved, Hollar told the county commissioners on Monday.

Hollar said the fire, which began the morning of Oct. 24 at roads P.5 and 29, was the result of a “controlled burn that was neglected – burning trash.”

The cost of fighting the blaze, which burned 400 acres before being controlled, will be $200,000 to $250,000, Hollar said. Ten percent of that will be paid by the BLM because one-tenth of the fire was on public lands. Most of the remaining costs should be picked up by the state’s Emergency Fire Fund, Hollar said. The county will be liable for costs related to fuel and overtime for sheriff’s personnel.

Hollar said there was “really outstanding cooperation from all the fire chiefs” involved in battling the blaze and that lessons learned from the Weber Fire near Mancos earlier this summer had helped local personnel in mounting a quick response to the Roatcap Fire.

“We had two major wildfires this year and no structures were lost and no one was hurt,” Hollar said, “So a lot of kudos to the people involved.”

 

Published in October 2012

Man charged in fire appears in court (web only)

The man charged with arson in connection with the Roatcap fire near Dolores said little during his brief appearance in front of Montezuma County Court Judge Jennilynn Lawrence Friday, except to respond, “I didn’t!” when she cautioned him not to start any fires until his next court appearance Monday.

Dolores resident Roger “Bucky” Stratton, 53, is charged with fourth-degree arson in connection with the fire, which burned nearly 400 acres on Wednesday and Thursday and prompted the evacuation of at least 30 families. Stratton was arrested Thursday afternoon and remains free on a $3,000 bond.

Sheriff Dennis Spruell, while not identifying Stratton Thursday evening, stated the person responsible was not believed to have started the blaze intentionally, but had been careless and needed to be held accountable for  his actions that led to the fire spreading and threatening dozens of homes.

In the courtroom Friday before court was called to order, Stratton denied to a sheriff’s deputy that he was responsible.

“I didn’t do nothing,” he declared to the deputy in the courtroom. ”I told them what happened and they blew it all out of proportion.” Stratton then said the incident involved his dog, but did not explain further.

The fire began Wednesday morning at roads P.5 and 29 and swiftly spread, fanned by 30-mph gusts. Firefighters from numerous departments around the area responded.

Evacuated families have since been allowed to return to their homes and the fire has been largely controlled, though residents are warned to continue to look for hot spots. No structures were destroyed.

Published in October 2012

Arrest made in Roatcap Fire (web only)

By Jim Mimiaga

The Roatcap fire that flared up Wednesday morning a few miles from Dolores and burned more than 400 acres has been 70 percent contained, fire officials said Thursday evening.

More than a hundred firefighters successfully battled the blaze, which started in rugged terrain south of Dolores at the corner of P.5 and 29. No structures were lost.

At a community meeting in Dolores Thursday night, Montezuma County sheriff’s officers announced that a 53-year-old resident of the area was arrested and charged with fourth- degree arson, a Class 4 felony, for allegedly starting the fire. His name was not released.

“It was not intentional, but when there is an act so reckless you need to be held accountable,” said Montezuma County Sheriff Dennis Spruell of the arrest.

Previous reports had said that the fire started when a trash burn got out of control.

The suspect went to jail and has a $3,000 bond, according to a press release.

Lt. Ted Meador of the sheriff’s office told the Free Press that an arson charge can be for “knowingly or recklessly starting a fire that threatens lives and property.”

He said, “When you put people out of their homes overnight and put firefighters at risk, then it is a crime.”

Evacuations and road closures were lifted, sheriff’s officials reported, but there will be an initial check-in process requiring proof of residence. The check points were reported to be at CR 30 and Highway 184, and at CR 29 and CR P.

Once residents return home, the check point will be lifted Friday. Residents should expect continued smoke and  should be vigilant about flare-ups in the coming weeks.

Mop-up will continue for days, and smoke and lingering hot spots are expected. Fire crews and sheriff’s deputies will continue to monitor the area for weeks.

Fire officials credited fire crews on the ground battling the blaze by hand for extinguishing the fire.

“The fire was in such a tough area, we couldn’t use water trucks and it was too windy for helicopter drops, so the job went to the hand crews,” said Cortez Fire Chief Jeff Vandevoorde. “They knocked it down.”

Scott McDermott, a Forest Service/BLM fire official, said a change in the wind direction pushed the fire back on itself, preventing another flare-up. The fire burned about 400 acres in 24 hours through tinder-dry piñon-juniper forests and through dried willows in the canyon bottom.

There is not a fire ban in the county currently. But when burning trash or fields, people need to be smart about it, officials said.

“Call dispatch and let them know,” Lt. Meador said. “Common sense has to play a part for obvious reasons. When there are 50-mph winds, why burn?”

According to a report by the Cortez Fire District, on July 12, 2010, another brush fire at roads P.5 and 29 was possibly a controlled burn that got away, threatening nearby structures. Lt. Meador wouldn’t confirm or deny whether that fire two years ago was started at the residence of the person charged with fourth-degree arson in the Roatcap fire.

Published in October 2012

Human-caused brush fire hits 400 acres (web only)

  • By Jim Mimiaga

    A fast-moving wildfire – reportedly started by someone burning trash – is burning in a rural neighborhood south of Dolores and has triggered evacuations and road closures.

    The wind-fueled blaze had burned more than 400 acres as of Wednesday night, according to the Montezuma County Sheriff’s Office. It started around 10:30 a.m. Wednesday, initially moving south but then veering northeast in front of the swirling winds.

    The fire reportedly began at roads P.5 and 29 some time Wednesday morning.

    “We know it was human-caused and we have a person of interest,” said a sheriff’s department spokesman Wednesday evening.

    A brush fire also started two years ago at P.5 and 29, according to a July 12, 2010, report by the Cortez Fire Protection District. That report stated that “Cortez Fire, Dolores Fire and Lewis Arriola Fire along with the USFS responded to a brush fire located at Road P.5 and Road 29. The fire was possibly started by a control burn that got away. Structures in the area were threatened but the fire was kept away. The fire started around noon on Monday, July 12, 2010.”

    As of Wednesday night, 30 homes had been evacuated around county roads 30 and S.2, and many more residents had been blocked from returning to their homes while fire crews battle the blaze. The fire was burning in a rugged canyon on the west side of Highway 184.

    Fire officials met with a crowd of 100 worried residents at the Dolores Community Center Wednesday night.

    “Residents east of CR 30 will probably be able to go home tonight, but between CR 30 and CR 28 is the danger zone,” reported Cortez Fire Chief Jeff Vandevoorde.

    As of Wednesday night, no structures had been burned, but the fire was burning near several homes. Firefighters were focusing their efforts on protecting several threatened structures in the area and were reported to have saved several from destruction.

    All local fire departments have been dispatched to put the fire out. Crews from the Forest Service, BLM and BIA were also fighting the fire. A bulldozer cut fire lines west of CR 30 and S.2 and two helicopters were expected to be on scene Thursday morning.

    An evacuation center was set up at Kemper Elementary, 621 Montezuma Avenue, in Cortez. Residents can stay the night and get a meal while they wait out the fire.

    Residents can call (970) 564-4997 or (970) 564-4998 for updates.

    If needed, another community/press update will take place at 6 p.m. Thursday at the Dolores Community Center.

     

     

     

     

     

     

     

Published in October 2012

Forward thinking

To the pioneers there are many things for which I am grateful. Not the least of which is Battle Rock, my daughters’ school house. Early on I learned that school districts and orchard districts were not mutually exclusive clubs, but the overlap and integration of communities. Where there were orchards there were farmers, and where there were farmers there were schools.

Planting an orchard, like building a school, is an act of forward thinking; the rewards for both are years off. Doing either represents a belief that this place is worth having, this thing is worth doing. Trees will die, buildings will come and go, but the essential grit that makes a place remains.

I knew that the Montezuma Valley was marketed as the last best place for a poor farmer to make a living. It could be the Nile of the West, a powerful fruit economy. All that was needed was for people willing to work it, and for people to make it work. And people came believing in the promise of our republic; if you worked hard enough, success was always within reach.

But these were people that did not have a lot. On a good year on a farm, enough was plenty, but on a bad year, enough was hunger. I marveled at the generosity and ambition that planted these orchards, dug the ditches, and built the schools, all of which I benefit from today.

In 1900 the average American was 23 years old. The average American died in his or her 47th year. This was a young population filling in the cracks of a continent that had not been crossed by an American explorer 100 years earlier. Yet somehow they looked forward.

Somewhere in my learning the question arose in my mind: Why did the farmer build the school?

When Harry Longenbaugh lived on top of Trail Canyon as a boy he had to take the livestock, including the team that pulled the teacher’s buggy, down to the spring for water, bring them back and feed them before he could eat breakfast and get himself ready for school. How many 6-year-old kids now could get the job done? he quipped.

Back then teachers were often boarded with the families on the farms. “Middle class” meant a roof over your head, a meal in your belly, and the skills to pay your way. The beanstalk of health insurance, pension plans, administrative overhead and ancillary positions had yet to sprout and grow. Obviously they could not foresee paying the retirement and health care of public employees that could retire in their 50s and live until their upper 80s, two things that remain elusive today to small business owners, which farmers are.

In the century that has passed since the construction of Battle Rock our country has gotten older, more secure in its wealth, and perhaps less willing to care about the future of others. Our national debates are about how to preserve programs for current populations but pass the cost with reduced benefits to future generations. A school that was built 40 or 50 years ago and “good enough for me then” when it was new is somehow still good enough for the next generation in spite of its many structural failings. Not that old is bad if old is functional. But when the old is not working and is instead a pit to burn resources, why keep feeding that fire?

Part of the difference between now and then, when the first schools were being built across the county, was that schools were built by the community. Land was donated, materials hauled, labor provided by the community itself. Schools were not the dark and distant bureaucracy of government. They were community. They were a proud part of the place.

Somehow along the road to standardization, professionalism, and accountability, people have become divested from their schools. In that divestment the structural belief in a better future has fallen. Disbelief and anger over waste and inequity, and incompetency perceived or actual, has become an excuse for non-investment of time, of energy, of money. Selfish fear has replaced daring optimism, and like so many things now the price of this barter is the future of others.

Across Montezuma County, residents will be deciding on the fate of new schools. There will be many legitimate arguments for and against these proposals. But in our deliberations we should consider that which was passed to us from those other generations, our debt to them for their belief in the future of this place that we love so much; and perhaps we should ask ourselves: Why did the farmer build the school?

Jude Schuenemeyer is co-owner of Let It Grow Garden Nursery and Café in Cortez, Colo.

Published in Jude Schuenemeyer

Home alone

The first winter after I began working for Outward Bound, I returned to my beloved small town in Utah where I had lived years before. I was excited to give up “traditional” life and become a professional outdoor educator/dirtbag who spent the off-season climbing and skiing and working just enough to get by. So back to ski town, Utah, which wasn’t nearly as small as I remembered.

A change that actually made it slightly less appealing, but I figured I could somehow work around that. I’m fairly resourceful and still knew a lot of folks there…

Which, sure enough, was all I needed. Really, all I needed was one old boyfriend who happened to be single and a homeowner.

He owned a cabin on the pass between our canyon and the next and was headed to South America for the winter, so I got the house. I moved in, frantically, on the last day that the road up there was still open. It was dumping snow as I ran trips back and forth (including transporting Uinta, my 20-pound orange cat). After dropping him off, I raced back down the road to park my car just before they closed the gate for the next 7 months.

The Gate was 3.5 miles downhill from the Cabin; which meant 3.5 miles up from my car to home at the end of the day. On skis.

The Cabin was a red summer A-frame that, along with about 20 others spread out throughout the aspen forests at 10,000 feet, was not insulated, had lots of single-paned glass and no heat besides the woodstove. A few intrepid souls (five) lived up there in their own places, year-round, skiing in over the pass, cutting trees for heat, melting snow for water and putting anything you didn’t want to freeze in the refrigerator.

I so wanted to be a badass – I worked for Outward Bound – I already thought I was a badass, but was actually just arrogant. I moved in the day he left, the day they closed the road.

He had just bought the cabin and had left it exactly as it was on closing day. The previous owners had gone up there 10 years earlier for a night and left, thinking they would be back in a day, and never set foot there again – not even when they sold it. My ex (sort of current) got it exactly as it was 10 years before when they locked the door behind them.

This actually included a few dirty dishes.

An A-frame already reeks of a time long gone. Add in orange shag carpeting, a dark brown laminate dining-room set, an orange velvet couch and, no shit, throw pillows sporting appliquéd mushrooms, and you had yourself a total time warp.

This cabin was luxurious – I had electricity. It fueled the avocado-green Freon-filled fridge and Mr. Coffee. Most importantly I had a switch in the kitchen that ran power out to the outhouse to turn on a space heater so I could warm up the toilet seat before shoveling my way out there to luxuriate in the warmth while the coffee brewed inside.

I had to ski out of the house at 4:30 to be on time to serve tourists breakfast in my tele boots, poly pro and skirt that had been dug out of the Tupperware “closet” in the backseat of my Jeep; I so deserved a heated outhouse.

The coffee table in front of the orange couch hosted a few magazines including… the Time issue with Michael Jackson’s “Thriller” cover and another with Ronald Reagan getting ready for the election. I also had a stereo – a record player to be exact. (“Stereo” was being extraordinarily generous.)

And there were albums.

And one of those albums was “Cheap Trick Live at Budokan.”

I have no idea what others existed – it didn’t matter – I had Cheap Trick and Michael Jackson and pleather mushrooms!

The thing about the Cheap Trick Album and living in a place where your nearest neighbor is only within gunshot-sound range is that one can spend a lot of time cruising memory lane without any distractions.

And there I was, right in Elaine Malinowski’s bedroom, practicing our musical act, trying out deodorant and make-up and designing our stage costumes. I still remember our favorite ensemble: corduroy and satin, burgundy and “cream,” low-cut shirts, cream where the other was burgundy, and, oh, this is painful, scarves. Extra long cream satin.

I can’t believe I just told you that.

Given how much time we had spent rehearsing, when I first put that album on the record player, I remembered every word, every nuance, every squeak from the audience.

And every dance move from Elaine’s repertoire which I performed more times than I should admit, on that shag carpeting as a little self-entertainment.

Along with waiting tables, I worked at a Nordic center. I wanted to work in the store, on Main Street, but was instead banished to the smaller, less visible, clubhouse on the golf course where the trails were located. Apparently I didn’t shower enough to be seen in public, a fact of which I was very proud.

I was leading the extremely good life. Going home at the end of a day after serving scrambled eggs to antsy tourists or guiding them into the backcountry was like returning to my cocoon, my sanctuary. No phone. No television. No outside stimuli at all and absolutely no indicators of it being the ’90s. The place was pure early-’80s. Walking in, kicking off my ski boots and getting the fire going was like floating back in time.

My favorite book as a child was “Fog Magic,” about a girl in Nova Scotia who managed to go back in time 100 years every time she walked through the fog, which is quite often when you live in Nova Scotia. Each evening I made the on-ski trek up the pass, often in a Utah blizzard, carrying groceries and cat food on my back. Passing through the front door of that A-frame was walking into the fog. Bliss.

And then, in the spring, the ex-turned sort- of-current returned and suddenly we were living together, which — it was pretty immediately evident — was destined to fail. But, there was no moving out with the road still closed, so we gave it a valiant effort.

With the return of the man came a cell phone (one of those huge early-day ones that cost $1000 per minute). He also figured out how to get radio reception. Suddenly “All Things Considered” was in my living room and my denial of a world beyond Cheap Trick was shattered. The present day was oozing all over my sanctuary.

After a few weeks he left again to go run rivers, leaving me with this: “Consider this your home (read: consider us not an item), feel free, if you meet someone, to bring him up here.”

Who the hell was going to work that hard to get a little action?

I married the first guy that did.

The cabin no longer provided any sense of serenity. Once it was invaded by him (yes, I know – he did own the place) and the sound of a phone ringing and Robert Siegel’s voice, pleasant as it is, my bubble was burst, the magic vanished and the Cabin became just a place in which it was a total pain in the ass to live.

I moved out, in June, after the snow melted enough to open the road.

But last week, as I drove home from Idaho, I passed through the Wasatch Front, listening to the radio. I heard, “I want you, to want me.” I mentally stepped through the fog one last time and found myself reclining on that damn orange couch, head on a mushroom, reading about the rise of the 5th Jackson brother.

Suzanne Strazza writes from Mancos, Colo. Read her blog, Single in the Southwest, at suzannestrazza. wordpress.com.

Published in Suzanne Strazza

What’s the future for Sand Canyon

Monument officials plan to seek public input on how to manage the popular area

Once upon a time, there was a sleepy little trail that wound through beautiful red-rock desert past some Ancestral Puebloan ruins on BLM land.

Few people visited the trail. Those who did were ensured a healthy dose of stillness and solitude. They could wander and explore to their hearts’ content. They could climb up into the crumbling dwellings and see ancient potsherds scattered all around. Many of them pocketed a few potsherds to display at home.

Ancestral Puebloan sites such as this draw increasing numbers of visitors to the Sand Canyon/East Rock area west of Cortez on Canyons of the Ancients National Monument. Monument officials are planning to ask users for feedback on how the area should be managed. Photo by Gail Binkly

The trail was so beautiful and exciting that it couldn’t stay a secret forever. Its existence spread gradually by word of mouth. Then some environmental organizations began advertising group walks through the area, drawing visitors from Durango and beyond.

It was easy to meander off the trail, so volunteers groomed it, lengthened it, and marked it with cairns. It was featured in the Los Angeles Times and national magazines. More and more people visited. To get away from the crowds, some of them began bushwhacking, creating their own side trails.

Mountain-bikers discovered that the narrow, winding course offered them an exhilarating workout. They began coming in droves. Their tires wore deep grooves in the soft sand. Some cyclists like the hikers, began cutting cross-country, leaving new trails.

Today, the Sand Canyon/East Rock trail complex west of Cortez is one of the most popular hiking areas in Montezuma County. So popular, in fact, that the parking situation at its trailhead in McElmo Canyon is something of a mess. So popular that the manager of Canyons of the Ancients National Monument, in which the trail sits, has actually tossed out the idea – this is not a formal suggestion or anything, mind you – of having shuttles haul people to the trailhead from Cortez.

“The parking is really ragged where it is, and there’s no way to mark parking spaces,” said monument Manager Marietta Eaton. “People’s cars are getting scratched and oil pans dented, and in addition we have equestrian users who get trapped in there because people park behind the trailers and they can’t load their horses.”

But parking isn’t the only problem – or concern, to use a less-pejorative word – in the trail complex. There are a number of questions about overuse, conflicting uses, dogs, braided trails and more.

Monument officials had proposed improving the parking area and held an informational talk on the subject in August. But they soon decided the issues were broader than parking.

“Now we’re taking a big step back and looking at the entire Sand Canyon recreation area, and we’re going to write a plan for that entire area, because we have cyclists, horseback riders and hikers, and we want to understand what the issues are,” Eaton said.

“Once we understand that, we can talk about the parking lot.”

Visiting Sand Canyon in the heat of summer, one may not see the need for any plans or changes. Over Labor Day weekend, for instance, there were only a handful of vehicles in the “parking lot” (a rugged, uneven stretch of slickrock just off County Road G, the McElmo Canyon road) at any given time. Two intrepid joggers and their three dogs panted along a path. A couple from Connecticut raved about the area’s beauty and said they wished they’d brought a water bottle so they could take a longer walk. A cyclist from California, puzzled by the different- colored diamonds that demark trails for horses only, cyclists only, and all users, asked where she was supposed to start riding. “I don’t want to make the ancients angry!” she joked.

But for the most part, the relentless sun kept visitors to a minimum, and the trail slumbered in a silence broken only by occasional bird song.

However, visit Sand Canyon during the fall or spring and you’ll see a different picture. Vehicles crowd the parking area and spill onto the sides of the road. Dogs run amok, chasing lizards and rabbits. Cyclists zoom around curves, sometimes startling unwary pedestrians. Horseback riders struggle to get their mounts away from the fray. There is an urban-park feel to the rugged area.

Longtime visitors to Sand Canyon have noticed that the potsherds have disappeared, there seem to be fewer lizards and other small wildlife in the heavily used areas, and dog and horse poop are plentiful.

“We don’t want to get to the point that there’s so much use and so much damage that we compromise everybody’s experience,” Eaton said. “What are the thresholds of resource damage and, when you hit a threshold, what actions kick in? I would hate to see us get down the road to where we’re having to allocate use.

“It feels pretty good right now, but we have a lot of use, and it feels like we could hit the threshold in the future. I think these studies will give us a good feel. It will be a very thoughtful process. ”

Eaton said the colored diamonds, a fairly recent addition, were installed to try to separate equestrians from cyclists and better mark the trail route, but not everyone likes them. “Some feel they’re aesthetically unpleasing, but others feel they’re helpful because it’s a complex trail system and easy to get lost.

“We’re encouraging people to stay on the trail and we’re having pretty good luck.”

One problem was that people were climbing up into alcoves to see ancient cliff dwellings and using the dwelling walls to pull themselves up into the structures.

“They didn’t see there’s no mortar in the walls and those rocks could fall. We would like those small cliff dwellings to stay intact as long as possible.”

Other concerns to be addressed include the extensive network of braided, unofficial trails – “we’re getting rid of a lot of social trails,” Eaton said – and dogs. “We’re going to encourage people to keep control of their dogs so they’re not running everywhere.”

Parking – the problem that sparked the initial informational meeting – remains a thorny issue. The Montezuma County commissioners have voiced concern about the traffic hazard posed by all those eager hikers and cyclists parking willy-nilly just off (and sometimes on) the narrow road.

“We have an average of 35 vehicles there at a time, and we would like to be able to accommodate a few more but we aren’t sure we’ll be able to,” Eaton said.

Prior to Eaton’s arrival in April 2011, the monument purchased the historic Lamb house just east of the Sand Canyon trailhead. The home was built by the Baxtrom family, which built other houses in McElmo Canyon in their trademark style of red sandstone on the corners and lintels, blonde sandstone for the remainder, Eaton said.

There has been talk of creating a formal parking lot at the house, but there are concerns that it would be too small. Carving a level parking area out of the bedrock at the current trailhead would take an enormous amount of work and money. So Eaton is looking for ideas.

“Is there someone in town who would want to run a business running shuttles from a hotel? If there was a daily shuttle, perhaps we could accommodate more users. We want to hear things like that.”

Of course, a bigger lot or a daily shuttle raises the “build it and they will come” issue. Would such measures just draw more visitors to the fragile area? Has there, in fact, already been too much promotion by the monument, which touts Sand Canyon on its website and in brochures?

“It was sort of already happening when the monument was designated,” Eaton said. “It’s off a paved road, close to town. It’s got great biking.”

And the trail is now promoted on countless travel websites and user blogs that delineate every step one can take along the sandy path and every site one will see.

“There are a lot of businesspeople in town that promote this area too,” she said, “and it’s their right to do that. Our responsibility is to maintain it and hopefully give a quality experience that keeps people coming back.”

Eaton said all visitors to the monument are encouraged to come first to the Anasazi Heritage Center, the monument’s official headquarters, where they can watch a video called “Visit with Respect” that gives ethical messages about not harming cultural or natural resources.

“I used to work in Sedona [Ariz.],” Eaton said. “Now they have a good handle on their use, but at the time it was very hard because there were so many people in the area, everybody was loving it to death. It’s a fine balance.”

So monument officials are going to be working on the Sand Canyon Recreation Management Area through the coming winter. They will be talking with the community starting in late winter about what should be done with the Lamb house – it could provide a contact station for the monument, housing for the BLM, or something else entirely – how to handle parking at the trailhead, and how to manage recreation.

“I think we need to know what’s going on with our visitors and not assume what’s going on,” Eaton said. “We need to be able to say, ‘Here’s who our visitors are and what they want to do and this is their expectation and can we meet it and, if not, is there some place we can?’ We just want to try to maintain that balance between multiple uses.”

This process won’t involve a formal study under federal law, she said; however, there will have to be such a process if any actions are eventually planned, such as building a new parking lot. But for now the discussion will remain informal.

“We want to talk to stakeholders to create a quality experience there. If we don’t do that, we’re just going to end up with more people coming and more people whose expectations of a good experience may not be met.”

Published in September 2012

The Mountain Gazette’s John Fayhee comes calling

Part Libertarian, part granola-cruncher, Fayhee offers a distinct perspective

The American West still sits at an uneasy juxtaposition of old and new.

John Fayhee

John Fayhee has spent much of his life observing that conflict between the traditional past and the energetic present. Today he experiences it not only as a resident of the West, but as a writer with one foot in the world of linear thinking, paper and ink, the other foot in the world of Tweets and cyberspace.

Fayhee, who describes himself on his web site as “writer, editor, bullshitter, Mountain Gazette resurrector,” finds that he respects new technology but struggles to embrace it. He wonders whether it is changing the concept of reading so dramatically that books may soon disappear altogether.

“That’s the $64,000 question,” he said in a phone interview. “A good friend of mine in Silver City [New Mexico] manages a college bookstore. His contention is that this is the last generation of high school or college students graduating that has any connection to physical books. His contention is the next generation will no longer be utilizing the physical thing we call books.

“People now in their 20s and on up will continue to purchase physical books until they die, or books stop being produced. Fewer people spend time reading long essays and long books – maybe that’s a pessimistic outlook but a realistic outlook. I’m 56 and may be gone before that transpires.”

Fayhee is coming to Southwest Colorado this month to celebrate the release of two new books-“Smoke Signals: Wayward Journeys through the Old Heart of the New West” from Durango’s Raven’s Eye Press, and “The Colorado Mountain Companion” from Pruett Publishing. He will be in Cortez on Thursday, Sept. 27, from 5 to 7 p.m., at Spruce Tree Coffee House.

Fayhee is editor of the Mountain Gazette, a long-time contributing editor at Backpacker magazine, and the author of numerous books, including “Along the Colorado Trail,” “A Colorado Winter” and “Bottoms Up.”

“Smoke Signals” is a collection of his latest essays – always readable and highly amusing. But “The Colorado Mountain Companion,” subtitled “A Potpourri of Useful Miscellany from the Highest Parts of the Highest State,” is the book he’s most proud of, Fayhee said. “It’s unlike anything I’ve ever done.”

The volume is a collection of odd and interesting facts about Colorado – facts most people would never think to wonder about.

“That’s my job as a writer, to think of things that are interesting that maybe your average person doesn’t think of. What’s the highest-dwelling snake in Colorado? What’s the prevalence of exotic diseases?”

Fayhee is also justifiably proud of his 12- year tenure as editor of the Mountain Gazette. The publication began in 1966 as the Skier’s Gazette. In 1972 it was transformed into a broader-based magazine with its current name. In 1979 it ceased publishing because of a shortage of ads. But in 2000, Fayhee and two other men decided to revive it, publishing Issue #78 (picking up where the old Gazette left off) in November of that year.

In 2006 the magazine was sold to GSM Publishing. It was sold again in 2008 to Skram Media; in 2010 Skram Media was sold and Mountain Gazette was spun off and acquired by Summit Publishing of Virginia, which publishes three other outdoor magazines.

John Fayhee is coming to Cortez to celebrate two new books, “Smoke Signals” and “The Colorado Mountain Companion.”

Loved by readers for its varied, quirky, and thoughtful stories and essays, the magazine continues to thrive, albeit in a somewhat haphazard fashion. It makes money but is never lucrative because its target readership is not generally well-heeled.

Mountain Gazette is hard for advertisers to get a grip on,” Fayhee said. “We put out this non-materialistic image that is probably fairly accurate. The readers probably own all the outdoor gear, but they aren’t waiting in line to buy next year’s skis.

“We’re kind of a magazine for misfits and outsiders. Our main toehold is with people who wish they weren’t living in the Real World – people who lived two seasons as a ski bum and then went back to grad school and now have a mortgage and are living in Omaha.

“That has always been an issue, even back in the 1970s. It’s been a dialogue we have had for 12 years. Do we change the magazine? We have always been on this sort of edge. If we just sold four more pages of ads we would be in Fat City. It’s frustrating but also sort of fun.”

Fayhee said he has good relationships with the magazine’s owners and for the most part he is thrilled with his job. “Being editor of the Mountain Gazette is a pretty damn cool thing, although I do get up some days saying, ‘Shit, why didn’t I choose something else?’”

MG recently celebrated its 40th anniversary, and a major part of producing that issue was breaking out its 60 best single quotes ever. Fayhee delegated that daunting task to some college students, who pulled out plums such as the following:

“There are only two participatory ways one can react to riding in an automobile with a man who drives the way Clark does — you can get into it with him, enjoying the thrill and adventure and admiring the driver’s skill and courage; or you can sit rigidly in terror, wishing you were anywhere else but where you are. Roughly speaking, all human existence offers the same two choices to a man once he has agreed to participate.” — “Europe: Fourth Time Around,” by Dick Dorworth.

“I had beers with these kids last night,” Fayhee said in August. “They are avid readers – they carry books everywhere they go. They enjoy discussing literature. It was heartening. “Half our regular stable of writers are young blogger kids.”

That brings Fayhee back to the clash between old and new. Or maybe it’s not a clash, exactly, but a swirling of waters as a new river flows into another. Fayhee accepts the fact that the world is being transformed by technology, he tries not to have a “good old days” mindset, but he can’t help looking askance at some of the changes.

For instance, the way electronic gadgets have changed today’s hikers and backpackers, who march along looking at smartphones and studying GPS coordinates and reading blogs that describe every turn on the trail.

“They literally Tweet from the summits of mountains. They’re not stupid – they’re smarter than I am. They’re enlightened, gungho. They love the mountains every bit as much as I do, so it’s hard to say what’s the problem here.

“It’s more of a visceral thing. Maybe it’s so age- and generation-oriented that I can’t look at it with objectivity. But I argue vociferously that it is a different experience to stumble upon a place you find using the old physical tools, like my beat-up map and compass, and with scratches all over my shins.”

But, he added, “When I’m on a mountaintop next to a kid with a GPS Tweeting his friends, we’re both standing there. I don’t want to put people down.”

Technology has helped bring hordes of visitors to backcountry areas that saw few human footprints in the past. The influx is one of the reasons Fayhee left the Colorado high country after some 25 years and moved to Silver City, where he had lived long ago.

“In Summit County, holy cow, places I remember never seeing anybody, now there are like 50,000 people. It affects the backcountry, the experience, backcountry management.

“A lot of these people are used to coming from cities and are used to seeing people. They’re reassured by seeing people, so they don’t mind it being crowded.”

The New West-Old West dichotomy – which Fayhee says is partly real, partly a creation of writers – is alive in Silver City.

“That’s one of the things I like about living here. We have copper-mining and ranching, but some of the hippie-dippiest types in the world live here. You go to the grocery store here and look at the bumper stickers. One says, “Save the wolves” and one says, “Smoke a pack a day” and there is a gun-sight focused on a pack of wolves.”

Fayhee said the New-Old West conflict has become more like “New West vs. New New West.”

“It gets fatiguing sometimes, the constant battles. In Summit County when I first moved there, the controversy was, should Breckenridge [Ski Area] be allowed to expand onto Peak 8? Then it was Peak 7 and now it’s Peak 6. It can be so frigging fatiguing.

“What I was getting tired of was, no matter who moved to Summit County when I was there, they always sniffed the air a couple of years before they started voicing themselves in local dialogue, but then we got people who were movers and shakers where they came from and assumed they were movers and shakers here too. They were always going to town council making demands.

“When Silverton enacted a leash law, I thought, ‘It’s time to move to New Mexico where things are wilder.’”

But, he said, it’s not just pushy newcomers vs. longtime residents. “There was no way places like Summit County would have changed without the cooperation of the people who were there. There is no way to do a subdivision unless that rancher sold his land.

“If the Mountain Time Zone would have stayed the way it was in 1989 when I moved to Summit County [to start the Summit Daily News], it would have been fine. I do resent it when people move to these places and try to change them.

“When we moved back to Silver City, I vowed would not say, ‘Silver City would be better if it had this.’ We’ve probably had 20 or 30 people come to look around because I’m here, and they’re like, ‘Holy shit, what are you doing here?’ It’s not like Crested Butte, where you drive around and there is a view at every turn. Silver City is an acquired taste.”

But, as a “part Libertarian, part granola cruncher,” Fayhee likes it. “I’m a geocultural bigamist. I love the high country and the Gila country. But I’m a starving writer. I can’t afford to live both places.”

Today Fayhee utilizes both old tools and new as he writes from Silver City. He says he is “absolutely delighted” that computers were invented; he recently purchased a new iMac. “When I write on that it’s generally when I’m working on something I’m attempting to get published for money. It’s a wonderful tool.”

But for what he calls “recreational writing, the stuff I enjoy,” he turns to a typewriter or just pencil and paper. “I still enjoy just sitting and putting thoughts to paper, and I like the sound a manual typewriter makes.

“I’m not a Luddite, it’s just different types of writing.”

Fayhee says there will be a “shaking-out period” in writing and literature, and no one knows how it will turn out, but he believes some people will still read articles and books.

“It’s really important for people like us to give reading every opportunity to survive. If we throw in the towel, that doesn’t bode well for this thing that we love – writing and reading. I’m going to go down with a fight.”

Published in September 2012

On the brink: Locals worry about an ‘endangered’ listing for sage grouse

The Gunnison sage grouse isn’t on the endangered list, but locals worry it may be soon

The U.S. Fish and Wildlife Service announced in August that it will take more time to decide whether to add the Gunnison sage grouse to the Endangered Species List.

Top, Gunnison sage grouse strut their stuff during mating season in early spring. A map shows the bird’s occupied habitat and the fragmented and isolated nature of the remaining populations. Photo and map courtesy of U.S. Fish and Wildlife

That’s good news for some residents of rural southwestern Colorado, who hope that the agency will take the time to clear up some fuzziness about the consequences the listing might have on private lands already under contract through federal conservation programs.

But for another set of farmers in the region, it doesn’t matter how long Fish and Wildlife takes to make a decision: they just want the answer to be “no.”

“We’re nervous about how a listing would affect private property rights,” said San Juan County (Utah) Commissioner Bruce Adams. He’s helped field questions at two separate meetings of county residents he described as “outraged” at the suggestion that their property could become subject to federal intervention.

The Utah Division of Wildlife Resources recently backed off a plan to transplant 45 Gunnison sage grouse into San Juan County from Colorado to try to bolster the dwindling population. Officials reportedly said they will wait to see whether the bird is listed as endangered before making a move.

“We think it would be better for the state to act like a state and manage the resources within a state boundary,” Adams said, “and keep the federal government out of the state’s business.”

Not a lightning bolt

Susan Linner, field supervisor of the U.S. Fish and Wildlife Service’s Colorado Field Office, calls the sage grouse’s Endangered Species List candidacy a “saga” that began in 2000, when the American Ornithologists’ Union identified Gunnison sage grouse as a separate species from the greater sage grouse.

The greater sage grouse lives in every Western state except Arizona and New Mexico – including parts of western Colorado north of Durango and Cortez. It’s also a candidate for the Endangered Species List.

The Gunnison sage grouse, which is down to approximately 4,500 birds total, occupies a much smaller range in southwestern Colorado and eastern Utah, with its strongest population in the Gunnison Basin. The birds also exist in six scattered satellite populations that, by Fish and Wildlife standards, are struggling to hang on. One of those is in the San Miguel Basin, overlapping parts of San Juan County, Utah, and another is centered around Dove Creek.

The agency considered adding the bird to the Endangered Species List but came out with a “not warranted” finding in 2006. They reconsidered that decision a few years later, and came out with a “warranted but precluded” finding in 2010, meaning the bird deserved federal protection, but Fish and Wildlife lacked the funds and manpower to do the job. It was, however, added to the candidate-species list, which is now being revisited as the agency works through the backlog that once overwhelmed it.

But the Gunnison sage grouse listing is incurring its own new delays, partly because of political challenges the Fish and Wildlife Service is encountering in the rural parts of the birds’ range.

A decision this go-round was initially scheduled for June. It was pushed back to September, and late last month the agency announced it may take until December to issue a draft decision. The public will have 60 days to comment, and a final rule is due to be published in September 2013.

“The delay … is mainly because the Fish and Wildlife Service wanted to have some more time up front to work with the local working groups and the people on the ground,” Linner said. “Just yesterday, myself, the assistant regional director and supervisor from the Grand Junction office had a meeting in Montrose with representatives of six of seven population working groups. We heard new information on conservation measures they’ve been taking.”

The working groups are local coalitions often including state biologists, other researchers and – in most cases – landowners, who work on strategies to conserve sage-grouse habitat in each of the places where the birds occur. For the majority of the working groups, an overarching goal is to ensure the survival of the Gunnison sage grouse population – partly so the U.S. Fish and Wildlife Service is less likely to step in.

Then again, Linner said, locals shouldn’t be shocked that the federal agency is considering taking charge of the birds, in light of the fact that efforts by the working groups haven’t shown measurable success.

“I guess I would say that because this is a species that has been worked on at the local level for a long time, it’s not like a bolt from nowhere,” she said. “A lot of private landowners have been involved in conservation efforts.”

All for naught?

One of the most enthusiastic people working in sage-grouse habitat has been Leigh Robertson, coordinator of the sagegrouse working group for the San Miguel Basin population. Robertson has a degree in natural resources and works for a nonprofit called Uncompahgre Com, which is focused on forest health.

She said more than 13,000 acres of land in the San Miguel Basin has been placed into conservation easements, which helps prevent the worst threat of all to sage-grouse survival: outright habitat loss, especially as a consequence of subdivision and development.

Members of her group have also been getting their hands dirty, planting sagebrush and native grasses and trying to control the expansion of invasive species like cheatgrass. They’ve even gone so far as to make use of abandoned mine shafts where water has pooled. In some of those places, they’ve installed solar-powered pumps to create wetlands for the sage grouse.

The working group has become a go-to organization for decisions in sage-grouse habitat. “If a special-use permit comes up in sage-grouse habitat, they’ll bounce it off of us,” Robertson said.

The San Miguel Basin population is the second strongest, after the Gunnison Basin population, with 30 males counted at the leks, or mating grounds, this past year. Using the typical extrapolation for sage grouse, that translates into an overall population estimate of between 100 and 200 birds. But Robertson can’t be sure they’re responding at all to her group’s energetic and varied conservation efforts. She thinks it may be tied more closely to nature.

“After drought years the population tends to go down,” she said. “After wet years it tends to do better.”

Robertson said more conservation easements would probably be a good thing for the birds, and she sees both pros and cons in the possibility of a federal listing. It could help the birds, she said. Then again, “there are going to be some landowners who aren’t too happy about it. Some people are saying, ‘If it gets listed, you can’t come on our land to count the birds any more’.”

Kathy Griffin, statewide grouse coordinator for Colorado Parks and Wildlife, said there’s another potential downside of a listing in places where people have been rooting for sage grouse.

“It’s frustrating,” she said. “They’ve been working in good faith for a number of years. To have the Fish and Wildlife Service come in and say in a sense, ‘That’s all for naught,’ I think it’s very disheartening for a lot of people.”

Complications in Dove Creek

Dolores County Commissioner Julie Kibel isn’t as dead-set against a sage-grouse listing as Adams, the commissioner in San Juan County. But she’s concerned – and she’d like some of the ambiguities cleared up.

“We just met with the Fish and Wildlife Service and the [sage grouse] range really scared us because it takes up a lot of our county,” she said. “We’re concerned about private land rights. I’m afraid this is going to have a lot of complications for CRP ground when they need to go in and mow it down. I’m concerned for ranchers, if they’ll still have their freedoms or if there will be some limitations.”

CRP land is in the Conservation Reserve Program, whereby farmers are paid to grow certain cover crops that prevent erosion and improve wildlife habitat.

Kibel has the idea to use the listing-decision delay to put together a localized conservation plan, to stave off federal intervention. But if the state’s experience is any indication, she’d have a tough road.

Chris Kloster is a biologist for Colorado Parks and Wildlife, and he represents that agency on the Monticello-Dove Creek sagegrouse working group.

He said the Dove Creek population took a pretty severe dive after the drought in 2002 and 2003, and appears to be half its former size. Sage-grouse population sizes are estimated indirectly, by observing notoriously flamboyant males during the mating season. Before the drought, male counts hovered around 25, even approaching 30 during wet years. After the drought, researchers have been counting about 10 males each time they’ve visited the leks.

“Since then the population has sort of held stable at that lower number. But we haven’t seen increases back up to pre-drought levels,” he said. “It’s sort of tenuous.”

Kloster said the Dove Creek-Monticello population is unique partly because it lives on a landscape dominated by dryland agriculture. The other groups live on land where the primary use is ranching, and ranching and cattle-grazing can be done in a way that suits the sage grouse.

“It becomes a little more difficult in an area dominated by dryland agriculture,” he said. “Row crops aren’t necessarily compatible with sage-grouse habitat.”

He said the landscape is also fragmented – with primarily modest-sized ownership tracts – and that presents one of several management challenges.

“We don’t have 10,000-acre-large ranches,” he said. “I would guess that the average property ownership is a section. You just have a lot greater number of people to coordinate with.”

And the fact that a fair number of those property owners already work with some federal programs could make an Endangered Species Act listing more complicated, not less.

Kloster said the Farm Bill is a significant component on the landscape. In addition, he estimates that about 16,000 acres across parts of Dolores and San Miguel counties are tied into the Conservation Reserve Program. About a third of that acreage is signed up for a more targeted CRP program, called State Acres for Wildlife Enhancement (SAFE), that‘s meant to provide habitat for sage grouse. According to the Dove Creek office of the U.S. Department of Agriculture’s Farm Service Agency, 48 landowners are enrolled in SAFE contracts between Dolores Country and parts of San Miguel County.

Quelling the fear

Trouble is, the U.S. Fish and Wildlife Service can’t say yet how people who are already involved in those federal programs would be affected by an endangered-species listing. Colorado Parks and Wildlife’s Griffin said it’s possible that “if there’s no federal connection … you could do whatever you wanted, as long as you don’t kill a bird.”

But if private land is already involved in a federal program like CRP, there’s some question about whether that makes it a federal nexus, meaning that the landowner would be subject to limitations as strict as those that would govern a federal action on that land. If so, those landowners could conceivably be prohibited from any actions that would impair endangered-species habitat – for example, plowing up sagebrush.

“At what point it’s a federal nexus … seems pretty wishy-washy at the moment,” Griffin said.

For his part, Kloster has been advocating for patience.

“They’re working on it,” he says of Fish and Wildlife, “but there are obviously a lot of steps in this process, and they can’t work on all of them at the same time. Eventually they’ll explore that issue further.”

Griffin said when Fish and Wildlife has been questioned on these points, they have managed to soothe some anxieties.

At a recent meeting, she said, “we were asking them what’s going to happen when the listing does come out in terms of people having birds on their property. The Fish and Wildlife Service was able to give some scenarios. It kind of helped quell some of the fear.”

Griffin said she’d like to see more people, especially landowners, showing up to meetings when Fish and Wildlife officials visit. And she hopes Fish and Wildlife will take the initiative to visit Dove Creek – or at least arrange a video conference – because most of the meetings to date have been in places quite distant.

She said outreach could go a long way to bring about a solution for the future of sage grouse, starting with the politics.

“I think there are a lot of rumors flying around, and a lot of misconceptions about what’s going to happen when the listing gets determined,” she said. “There are a lot of unknowns.”

Published in September 2012 Tagged

A plan to clean up the Four Corners Power Plant

Four Corners Power Plant to reduce emissions; coal mine to be reviewed

The air we breathe may soon be a bit cleaner, thanks to a new plan that lowers emissions at the Four Corners Power Plant, a coal-fired, electric generating station located in northern New Mexico on the Navajo Nation in Fruitland.

This map shows power plants and proposed plants near Mesa Verde. Courtesy of National Park Service

Under a preliminary agreement with federal and Navajo tribal regulators, Arizona Public Service, which operates the 50-yearold facility, would permanently shut down three of the plant’s most polluting units by 2014 and upgrade the remaining two with the latest pollution-control technology by 2018.

The result, explained Raju Bisht of the Navajo Nation Environmental Protection Agency, will be 60,000 tons fewer pollutants emitted into the air and onto the land and water depended on by local residents and wildlife.

“That is an 86 percent total reduction in emissions, it is very significant, and a smart decision by APS, not just because of the fines for non-compliance, but for the community,” Bisht said.

The ubiquitous brown haze that creeps up through Towaoc, Cortez and Mesa Verde National Park from the coal-fired plants to the south will diminish to a degree once the plan is implemented, predicted Bisht.

“The Four Corners Power plant is not the only issue, the San Juan Generating plant is also a concern, but when it all goes into effect, we expect the high levels of pollutants in this area coming from the power plants to go down.”

Regulators estimate that emissions for mercury will be reduced by 61 percent, particulates by 43 percent, nitrogen oxides (NOx) by 36 percent, carbon dioxide by 30 percent and sulfur dioxide by 24 percent. Water usage within the San Juan basin will also be reduced by 6,000 acre-feet per year due to reduced plant capacity. Under the U.S.’s new Clean Air Act rules regulating regional haze, coal-fired power plants are required to upgrade generating units to comply with tougher air-pollution standards using best available retrofit technology (BART).

Under threat of a complete shutdown, APS negotiated a proposed compromise with the EPA last month to decommission three of its generating units and retrofit the remaining two with the most advanced scrubbers to lower toxic emissions.

Allan Bunnell, APS spokesman, told the Free Press the proposed deal, which includes a 25-year extension to the plant’s operations lease, protects the environment while preserving essential electrical power for the Southwest and beyond.

“When we proposed our plan to the EPA, they saw value in it because it dramatically decreases the carbon footprint for the region. We believe it is good for the Navajo Nation, for the environment and the economy and accommodates electricity demand,” Bunnell said.

Job losses are inevitable as the plant downsizes, but there will be no mass layoffs, Bunnell said; rather, worker positions will be eliminated through attrition. Currently, 75 percent of the plant’s employees are Native American.

“The EPA negotiations were a productive process with a lot of give-and-take from both ends. Rather than close down a major electricity source for the region, we worked to keep moving forward with the plant and continue to be a strong employer for the Native American community.”

Under the plan, APS will gain majority ownership of the plant’s remaining generators through a buyout from Southern California Edison, a deal worth $294 million, Bunnell explained. The scrubber upgrades required under BART are estimated to cost the company $200 million.

The 2,100-megawatt plant currently provides power to 500,000 homes in New Mexico, Arizona, California and Texas. The new deal reduces coal consumption, and lowers the output to 1,500 megawatts.

Right of way for the plant’s 345 transmission lines will also be reviewed under the environmental impact statement, and no new lines are proposed.

Scrutinizing the Navajo Mine

The coal operation that feeds the power plant is also being scrutinized for environmental impacts as it continues to expand. BHP Navajo Mine Company operates the mine, located on the reservation south of the plant and connected by a rail line. The Navajo Mine provides a steady supply of coal for the Four Corners Power Plant and also employs mostly Native Americans.

For the first time since mining began in 1957, the Navajo mine’s expansion plans have been tapped for a full environmental impact statement. In addition, BHP’s application to renew its existing permit from the U.S. Office of Surface Mining and Reclamation will be analyzed in the EIS.

As one section of the lease is mined out, additional mining operating permits must be approved by OSM, the lead agency for the EIS process, explained Rick Williamson, OSM manager for Indian lands. But now the review has been expanded to a full EIS, which is much more comprehensive.

“We will prepare our assessment of environmental impacts and negotiated mitigation plans and hand that over to the US Fish and Wildlife Service, who provides a biological opinion [on the plan],” he said. “The EIS will evaluate all types of public issues and concerns — air pollution, water quality, endangered species, cultural resources, sacred areas and burial sites. We work closely with the Navajo government.”

The large coal seam is under a 33,000-acre lease permit and produces 8.5 million tons of coal annually. The mine is an open-pit operation that extracts coal using surface- and strip-mining techniques.

In spring of this year, BHP submitted an application to OSM to develop and additional 5,600 acres, known as the Pinabete Permit area, within its existing Navajo mine lease. The new mining zone would provide coal for the power plant for 25 years.

The area is not heavily populated, Williamson said, but two families would have to be relocated. Also as part of the proposed action, 2.8 miles of the Burnham Road would be realigned along the east side of the existing mining lease as a safety measure.

Several washes would be impacted by the new mining area, and would require mitigation, reported Deanna Cummings, a project manager with the U.S. Army Corps of Engineers. Cottonwood and Pinabete Arroyos are ephemeral streams that pass through the proposed permit area and eventually drain into the Chaco River, a tributary of the nearby San Juan River.

“Any time there is discharge of dredged or filled material into waters, a 404 permit is required and we will regulate that,” Cummings said during a public hearing in Durango. “Any losses of stream have to be mitigated through habitat improvement.”

Often such mitigation is done elsewhere as offsets for waterways lost in the path of mining operations. The Corps and BHP are researching how to enhance the habitat at nearby Chinde Arroyo as part of the reclamation plan.

According to a press release, “Chinde Arroyo receives irrigation return flow from the Navajo Agricultural Products Industry fields upstream. BHP is currently conducting a feasibility study to determine mitigation possibilities at the site. Hydrologists determined that the site has great potential to provide compensatory mitigation . . . (including) measures to stabilize, preserve, and enhance portions of Chinde Arroyo, and create riparian and wetland habitat adjacent to Chinde Arroyo.” An alternative site along the San Juan River in the Nenahnezad Chapter could also fulfill mitigation requirements.

The environmental-review process will also include consultation with the U.S. Fish and Wildlife Service on endangered or threatened species potentially impacted by the mine operation, including effects on golden and bald eagles, Southwestern willow flycatcher, ferruginous hawk, Colorado pike minnow, razorback sucker, New Mexico jumping mouse, kit fox and collared lizard.

‘Archaic’ technology

Mike Eisenfeld, who monitors and researches energy issues for the nonprofit San Juan Citizens Alliance, was cautiously optimistic about the scaled-down operations at Four Corners Power Plant. But, he said, more needs to be done to cure society’s addiction to fossil fuels.

“From the perspective of reducing air pollution I’d say that is a positive thing, but what we are saying as an organization is that this area has been relied on for energy export for so long – it was considered an energy sacrifice zone in the 1970s – and it is incumbent on the government to help the area to transition to other areas of economic development,” he said.

“Is it in everyone’s best interest to just slap on retrofits, or would it be better to use that investment for something like using mine lands for concentrated solar, utilizing existing transmission lines? We would like to be part of the new energy economy and evolve the discussion in that direction.”

To protect public health and reduce regional haze, bigger solutions are needed, Eisenfeld added. Sixteen national parks are impacted by the pollution generated by power plants in the Four Corners, including Mesa Verde and Grand Canyon.

“We get all the pollution, and the cities get all the so-called ‘cheap’ power. Coal is not a cheap way to generate electricity any more. The costs are going higher and higher, and it is our responsibility to point that out,” he said. “We are blessed with this incredible landscape and it is getting hazed over. The tourism and iconic vistas are just incredibly important. We need to start thinking about the future for our region and how it relates to public health.

“The technology associated with Four Corners Power Plant when it was built in 1962 is archaic. Things have changed a lot so we would like raise the bar and bring other energy opportunities into the equation.”

The decision to conduct a full EIS was a victory for Dine Citizens Against Ruining Our Environment, which sued OSM for failing to protect endangered species from coal pollution and lack of regulatory review authorizing the mine’s expansion.

“We have worked for decades to get an accurate assessment of the impacts from the Four Corners Power Plant/Navajo Mine,” stated Anna Frazier, of Diné CARE, in a press release.

“Navajo communities have endured significant impacts to water, land, air, public health and our culture which must now be considered. We are hopeful that publichealth data from Indian Health Services, Centers for Disease Control and the EPA will be incorporated correctly in the EIS.”

The draft EIS is expected to be completed by fall 2013, at which point there will be more opportunity for public comment and input.

A public scoping process to help determine environmental and social issues was conducted recently during nine regional meetings. The public can still submit comments on the mine expansion and power-plant proposal via email at FCCPPNavajoEnerg yEIS@osmre. gov, or by mail to Mr. Marcelo Calle, OSM Western Region, 1999 Broadway, Suite 3320 Denver Colo. 80202. Comments must arrive or be postmarked by Sept. 17. For more information and documents on the project, go to http://www.wrcc.osmre.gov/FCPPEIS.shtm or call 303-293-5035.

Published in September 2012

To bag or not to bag

The brown paper wrapper I carried out of the bookstore wasn’t for the sake of discretion. Truth be told, the bookstore refuses to handle plastic anymore. Ideally, the clerk told me, it was on the verge of going entirely bagless, so I was lucky to be handed a brown paper sack. You see, it was raining, thankfully raining, and as I scampered down the sidewalk shielding my new purchase, I secretly imagined a few genuine watermarks marring the surface of a page or two, indelible reminders that the spine of the summer drought had finally been broken.

When (and if) the electronic book revolution gets much more flexible and affordable, perhaps this bookstore will be going bookless as well. Despite our latest national fixation with banning disposable plastic bags, nobody knows exactly how the future will be packaged. From an ebook merchandiser’s point of view, the traditional book is the archetype of excess packaging, the ideas on the page being the only product a consumer should have to purchase. As a word monger, I tend to agree, but as with all obsessions, in moderation.

I’ve been thinking lately about plastic bags, wondering if the earth would be better off without them. At the time of their appearance in the consumer world, plastic bags were purported to be less expensive, lighter, more durable, and a blessing when it came to saving trees. Now, as is the case with many innovations, the blessing has been transformed into a curse, another case of altruistic downsizing without giving anyone the sack.

Few reporters at the center of the disposable- bag debate are talking about the sheer volume of packaging being hauled away inside those plastic hammocks that cradle the products we buy, not to mention the shipping cartons and reams of plastic wrap that arrive by the semi-load at every outlet before the merchandise makes it to the shopping aisles. Yes, there’s plenty of waste to go around, but the burden of it has managed to fall, once again, squarely on the shoulders of the shopper.

True, as a community we could be more than semi-conscious about the problem, but then again, is anyone keeping track of how many customers reuse the bags they collect in some form or another, instead of hanging them like prayer flags from the limbs of the trees surrounding their homes?

The thought that we are involved in serious discussions about actually banning the culprit is proof that as we have lost sight of an important goal: the proper and appropriate use for a plastic bag. It does, you know, exist. We have tried to ban guns, drugs, and certain sexual practices, and look where that has gotten us.

Here’s a less-than-comprehensive list of things to do with plastic shopping bags once you carry them from store where you made your purchases. I say “less-thancomprehensive” because I suspect our collective imagination has not yet been fully engaged when it comes to the paradigms we can visualize for gathering our merchandise.

•Place a bag over the head of the next person who mentions creating an ordinance or law banning disposable bags and count to 10 before removing it.

•Make a monthly donation of the bags you have collected to a local thrift store.

•Make a monthly donation of the bags you have collected to any store where you use them, asking that you see recycled bags as a choice in the check-out line, regardless of whose moniker has been printed on its surface.

•Use them as liners for your bird cage.

•Use them in the parks to pick up dog poop instead of the disposable plastic bags distributed for the same purpose.

•Write to the manufacturer of your choice and suggest it uses recycled bags as part of its product packaging.

•Make parkas for your pets.

•Perforate the bottoms and swing them over your head as salad or pasta strainers.

Sure, the most convenient solution (and I guess that’s part of the problem) is to add another fee at the bottom of each receipt, right before or after the sales tax, for those who insist on using new bags. If the receipt gets too long, charge a small fee for the customer’s excessive use of sales slips. And while we’re at it, since it has already been proposed because of a class-action lawsuit against credit-card companies by store owners, let’s have these companies shift the processing fee for paying with a credit card to the customer’s sales slip too. It is, after all, just another form of plastic we wouldn’t want the public to abuse now, would we?

David Feela writes from rural Montezuma County, Colo.

Published in David Feela

Far-reaching teaching

Cortez’s Unlimited Learning Center uses technology to offer a variety of courses

Cortez is miles away from the ivy-covered walls traditionally associated with a university education – but no matter.

You can still obtain a university degree without ever leaving the city.

Brian Weber, technology specialist with the Unlimited Learning Center in Cortez, shows off its high-definition capabilities. Photo by Gail Binkly

Tucked into a modest-looking facility at 640 E. Second St., the Unlimited Learning Center offers cutting-edge technology that enables students to learn from teachers hundreds of miles away and take college-level courses in up to 80 subjects.

The Unlimited Learning Center, which operates as a 501(c)3 nonprofit, partners with Utah State University Eastern to offer accredited university courses for certificate and degree programs from associate’s to master’s and Ph.D.

“A student can actually go from pre-literacy to a master’s here,” said center director Ann Miller. “We probably have more distance- education capacity than most colleges or universities in this state.”

For the past 37 years, the center also has offered the only adult basic-education services in Montezuma and Dolores counties, teaching non-credit courses in GED preparation, basic English, English as a second language, workplace literacy, and computer training from basic skills to 3-D computer animation for games.

“Some people just want the job training, not to enroll in college, so we try to have classes that are more accelerated,” said Miller.

“Because of people being laid off, they’re having to retrain. Or they may have been ranching or working construction and have back injuries, so they get their GED or take workplace literacy.

“Or you have people who have highschool degrees but have been out too long and need other skills, or their math or writing skills are bad and they need help, even though they have a diploma.”

Tia Lee is one of the center’s success stories.

When Lee moved to Cortez from California, she had done some college work but had not obtained her GED. “I heard from a friend they were starting to do classes here,” Lee said. “It was about their second semester. They were tiny classes, two or three people.”

She earned her GED, then went on to take university courses. In June she graduated with an associate’s degree in English – and was valedictorian for the center’s USU students at the graduation ceremony June 20. “She did it all through distance learning,” Miller said.

In her second semester, Lee began working nearly full-time at the center as a facilitator for the university classes, serving as a liaison between students and teachers. A creative writer, she is working on a novel.

“I loved the classes and the environment. It’s nice and small,” she said. “The teachers at USU are really good. It’s totally different from the traditional student environment.”

The 7,000-square-foot facility includes a conference room, a broadcast laboratory, high-definition laboratory, computer lab, server room, and medical lab, now recognized by the state as a licensed medical training center.

It’s a big step up from the old days, said Miller, who has been working in adult education since 1974. She started with the center in 1990.

“Back in 1990, we operated out of the trunks of our cars,” she said. “Then we were housed at the junior high for many years and at some grade schools, then the Nazarene Church. But we always had to work around their schedule, so we started looking for other opportunities.”

In 2001 they worked with Ken Charles of the state Department of Local Affairs to obtain a $365,000 Community Development Block Grant. They also sought help from foundations.

“We literally begged for money. We put out 200 applications to different foundations and five funded us for this building,” Miller said. That, along with the DOLA grant, enabled them to build the current center in collaboration with the Montezuma County Housing Authority, which donated the land as part of its nearby Prairie Estates project.

The facility opened in 2004.

The center was helped along by a Star Schools grant it obtained from 1993 to 2002 that also involved four area school districts and a four-state consortium. The Star Schools program, under the U.S. Department of Education, supports distanceeducation projects that serve under-served populations.

“That grant was to train teachers on how to integrate technology into the classroom,” Miller said. “When that grant ended we wanted to keep the momentum going.”

The center then obtained a U.S. Department of Agriculture Rural Utilities Service grant, designed to help rural areas buy equipment for distance education, for its adult-education program. Its partners were Southwest Memorial Hospital, the city of Cortez, San Juan Technical College and the Red Mesa school district on the Navajo reservation.

“We got the grant in late 2006 and in January 2007 we had equipment put in place,” Miller said. They then began receiving classes from the College of Eastern Utah. (USU has since absorbed the College of Eastern Utah-San Juan Campus in Blanding, Utah.)

The center tested the live interactive video- conferencing system in spring semester 2007. “We did a Navajo language class to see how the system worked,” Miller said. “I tried to pick the hardest class possible to see if live interactive video conference would work, and it worked perfectly.

“We were one of six different sites. The others were in Monument Valley and around southeastern Utah, on the rez. The teacher was 92 miles away and we would hook in with different sites.

“With that test done, we went to eight classes the next semester. Every semester we added classes.”

This fall they will be offering up to 80 different classes.

Some have just eight to 10 students who sit in a classroom and watch their teacher on a screen. If only one person wants to take a specialty class, he or she can do so using a high-definition webcam and a small study area.

“Someone working on a master’s degree can take the class that they need. They can talk to teachers wherever. They talk back and forth if needed.”

The center not only receives long-distance classes, it broadcasts some of its own. Last year, it conducted a successful trial transmitting high-school classes to the Chupik Indian school district in Alaska. “They didn’t have enough electives for their students and we provided them with about 12,” Miller said. This fall the center will be working with three or four districts in Alaska, and it may expand to other states.

“We have one teacher in Dove Creek, one in Towaoc, and four or five in Cortez. They’re retired teachers.”

The center’s certificate programs include such fields as medical coding, nursing assistant, medical assistant and lab assistant. “Many of our students actually work at the hospital,” Miller said.

“Since the Baby Boomers are starting to retire, the medical field is really growing.”

One student who got her GED at the center and continued on to become a medical lab technician is making more money than the center’s teachers, Miller said.

Students can also be certified as personalcare providers for the elderly or disabled in their homes.

“We train students who are working on their GED. We have been able to co-enroll GED students in college classes too, especially job-preparation classes. We’re seeing that having a GED is not enough. You’ll still flip burgers if you just get a GED.”

The center operates through the San Juan Board of Cooperative Educational Services (BOCES), which provides specialized educational services in nine school districts in Southwest Colorado.

“They contract with us for the secondchance program for high-risk students that drop out of SWOS [Southwest Open School] or high school or are expelled,” Miller said. “These are very high-risk students. This is their last opportunity.”

Last semester, the center had 120 adulted students, 45 high-risk students between 17 and 21, and 62 students taking college courses.

Anyone 17 or older can attend the center. Miller said obtaining funding to keep all the programs going is “a juggling act.”

“Colorado is the only state that does not support adult ed,” she said. “We have funding from lots of different streams..”

Miller said enrollment is limited somewhat by the size of the facility.

“Seventy students is about all that we can handle for college classes. There isn’t much parking,” she said.

But she wants the facility to be used 24/7 to benefit the entire community. She hopes to offer more general community classes – art education, for example – and helpful instruction such as emergency preparedness.

“The Colorado state library contacted us and we got a grant for 20 laptops that we will be using for a mobile computer lab, a class with the community.” The class will teach computer skills to community members who didn’t have the chance to take computer classes in school.

“We don’t have any fluff here at all, but we take advantage of every grant we get to be able to give the most service possible to the community.”

For more information or to register, visit the center at 640 E. Second St. or call 970- 565-1601.

Published in August 2012

Cortez decides not to limit pot centers

The Cortez City Council has voted to rescind an amendment to its medical-marijuana ordinance that put a cap on how many marijuana centers could operate within the city.

The council decided to stay with the original ordinance that puts strict zoning regulations on centers, which effectively limits the number that can operate anyway.

In June, council members agreed that Cortez should have no more than three centers, based on recommendations from an ad hoc committee that studied the marijuana issue, but in July they backtracked on the limit, saying it was unfair.

“We originally thought that three was all the community could support as far as customer traffic, but then we were faced with a fourth medical-marijuana center whose owner had made quite an investment and was wanting a license,” explained council member Karen Sheek.

“So the question became, how do you decide who are you going to put out of business? We want to encourage business and grow our economy, not drive businesses away.”

The three-limit cap seemed arbitrary and unfair in retrospect, Sheek said, leading to the reversal in policy.

City Manager Shane Hale explained that rather than regulate by a cap, the council opted to control the number of centers by zoning and distance.

According to city code, centers can only be operated within commercially zoned areas and must be 1,500 walking feet from each other and from campuses, child-care centers and schools.

Based on those physical limitations, city staff estimates there couldn’t be more than five or six centers in total within Cortez. Currently, there are three licensed centers with a fourth center seeking a new location that complies with regulations. At one point, Cortez had six medical-marijuana centers, with two going out of business.

“We didn’t want to have a little Amsterdam effect here in Cortez,” quipped Hale, “so regulating by zoning and distance seemed like a good balance. We went beyond the 1,000-foot distance requirement that the state requires.”

Montezuma County commissioners previously voted to ban medical-marijuana centers outside city limits. Under the Colorado medical-marijuana laws, private users with state authorization are allowed to grow up to six plants for personal use or for sale to established state-sanctioned patients.

To allow time for regulations and codes to be adopted, medical-marijuana centers operating in the city were put under a moratorium last year. Once the ordinance was adopted outlining distance and zoning requirements, two centers were found to be out of compliance.

The new rules disrupted commercial operations for centers already in business and added an extra expense.

Medical-marijuana centers in Cortez must pay a one-time $2,500 application fee, and then another $750 license fee each year. But, if a facility moves, it must pay an additional $1,500 fee for city costs associated with authorizing a new location.

Herbal Alternative realized they were within 1,500 feet of another center, Medicine Man, and moved operations to another commercial area on Lebanon Road.

As individual towns wrestle with appropriate regulations, business owners must endure the shifting policies, testing patience.

“We’ve sunk a lot of money into our new facility and we would like to get started,” said Garrett Smith, the new owner of Herbal Alternative, during a July 10 city-council meeting.

“I understand Mr. Smith’s concerns with the delay. He is in business and wants to start selling his product,” said Cortez Mayor Danny Porter.

Herbal Alternative was granted a license to operate at their new location July 24.

Also, True Earth Medicine, located off Broadway, found themselves too close to the Piñon Project, which has a day-care and preschool facility, when the new rules were introduced. They are in the process of moving to a new location, and must cease operations at their current location Oct. 23, Hale said.

“I think the amount of time the council has allowed for centers to comply shows a real business-friendly approach,” Hale said.

“We’ve found a new location that meets the requirements,” reported True Earth Medicine owner C.J. Murphy during the July 10 council meeting. The city is waiting for a change-of-location application to begin the authorization and building inspection process.

Both business were forced to move, or become out of compliance with city code. Both had paid the $2,500 initial permit application fee and the $750 yearly license fee, and now were faced with the additional $1,500 fee for relocating.

In June, two other facilities, Beacon Wellness and Medicine Man, were given the green light under the new rules.

Hale said he has been impressed with the professionalism and patience of medicalmarijuana operators. Speaking of a tour of Herbal Alternative, Hale said it “was an impressive facility, state-of-the-art.”

Hale justified the application fees as covering labor costs of city staff to inspect centers for compliance and process applications. The yearly $750 is to cover the extra time it takes for city police to conduct monthly inspections of each center.

“We conducted an audit to determine how much extra staff time it required to process the applications and so the fees cover those labor expenses,” Hale said. “We feel it is reasonable.”

State requirements are stringent as well for medical-marijuana centers. Grow areas must be attached to retail stores, inventory is limited to a certain amount, security must include 24/7 video surveillance, and patient access and purchasing is strictly regulated.

Council member Sheek is satisfied with the final ordinance regulating the industry.

“It allows us to provide access to those in our community who need this product for health reasons,” she said.

“Plus it allows us to know where these businesses are and regulate them closely. Whereas if the product is only available through private caregivers the regulations are not nearly as stringent as those operating centers.”

Published in August 2012 Tagged

Navajo council rejects proposed water settlement

A proposed water-rights settlement involving the Navajo Nation, Hopi Tribe and Little Colorado River was decisively rejected by the 24 delegates of the 22nd Navajo Nation Council on July 5.

Diné Water Rights Committee and other supporters are happy in Window Rock, Ariz., after the 22nd Navajo Nation Council voted down the Navajo-Hopi Little Colorado River Water Settlement Agreement and Act of 2012. Pictured (from left) are Ed Becenti, Wenona Benally Baldenegro, Roberto Nutlouis, Sarana Deal Riggs, Elsa Johnson, Wahleah Johns, Audrey Narindrankura, Cedric Johnson, Nicole Horseherder, Jihan Gearon, Ronald Milford, Aaron Simonson, Janene Yazzie, Jerrison Nutlouis, Jeremy Fredenberg, Adelbert Simonson, Shannon James and Leonard Gil. Photo by Jerrison Nutlouis

Navajo Nation council chambers were packed to standing room only that day during a successful petition to call a special session convening the council delegates representing all 110 Navajo chapters. The purpose was to consider two pieces of legislation sponsored by delegates addressing a proposed water-rights settlement agreement.

Only six of the 24 delegates voted to support the Navajo Hopi Little Colorado River Water Settlement 2012. Cheers and applause rang inside the chamber building from citizens quietly awaiting the tally in the chamber gallery seating during the debate that lasted until late in the day.

The six were: Lorenzo Bates, the only one of the six not from the Eastern Navajo Agency chapters, George Apachito, Mel Begay Danny Simpson, Edmund Yazzie and Johnny Naize, Speaker of the 22nd Council, who sponsored the legislation 0230-12.

In his introductory statement June 9, Naize said he did so in order to get the dialogue on the controversial issue opened for debate.

“There is no single individual who can determine where this conversation will lead us…no single individual who can determine whether the 22nd council will approve or disapprove the water-rights settlement and no single individual who will make this decision for the people,” he said.

Birthday gift

But the public debate had been fuming for five months prior to the Navajo council legislation when the issue was officially launched into the public discourse Feb. 14. It was Arizona’s “birthday present,” said Sen. Jon Kyl, referring to his state’s centennial year, in his opening remarks for Senate Bill 2109, the Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012 that he is sponsoring with Sen. John McCain.

In a recent email to the Free Press, McCain wrote, “Unfortunately, a great deal of misinformation has surrounded this bill. S. 2109 is not a ‘water grab’ nor would it force tribal governments to transfer more water to coal mining activities on the reservation. On the contrary, it would require that the federal government fully fund the drinking water pipelines before any water rights claims are officially settled. More importantly, Senator Jon Kyl and I have assured both tribal councils that they have to approve the settlement agreement before Congress will consider the bill.”

The settlement agreement offers the tribes more than $340 million in federally funded water infrastructure that would deliver potable water to Navajo and Hopi communities via two pipelines stretching across the interior of the reservations, but not to the western chapters.

In addition, according to Stanley Pollack, assistant attorney general, Water Rights Unit of the Navajo Nation Department of Justice, the tribes get all the groundwater “that falls on it [the reservation], arises from it and flows through it.”

In exchange the tribes would be required to waive all future water claims to the Little Colorado River and extend leases to the Navajo Generating Station power plant to the year 2044.

Navajo Nation Council Delegate Katherine Benally introduced a second resolution for consideration in the special session. It opposed the waivers and the lease extensions in the water-settlement agreement.

Following the “opposed” vote on Naize’s resolution, the council voted to support Benally’s resolution approving opposition to the waivers and the lease extensions that included NGS in the settlement and also asking that Navajo citizens be included in future re-negotiations.

Self-determination

During the months prior to the special session, President Ben Shelly and the Navajo Nation Water Commission launched a series of forums at chapter houses throughout the reservation. The meetings were intended to educate the Navajo people on the settlement details and to persuade Diné that the settlement would benefit them.

A PowerPoint presentation described terms of the water negotiations, and rights language, parties to the settlement, benefits to the tribes and the history of the water settlement. It was accompanied by a commissioner explaining the presentation in the Navajo language.

But by the time the forum schedule was announced, many Diné were skeptical about the administration’s effort. Grassroots organizations countered with their own education effort. Diné Water Rights, Forgotten Navajo People and Black Mesa Water Coalition held their own forums on-line.

Citizens who attended the administration’s forums came ready with incisive questions and statements, mostly of opposition. Placards and demonstrators proliferated at each forum and charges that the Shelly administration had shut out the voices of youth began to surface after the forum held in the remote Piñon chapter.

The public opposition grew focused on the need for inclusive, transparent negotiations, as well as opposition to vague waivers of future water claims and the absolute severance of NGS lease extensions from the settlement.

In addition, demands that council delegates represent the opinion of the people sent a message that each chapter wanted a say in the vote. The current 24 council delegates were elected on issues around transparency and accountability and the people began attaching this issue to their determination to hold the council accountable to their constituency.

As the session drew closer, votes in the subcommittees of Resources and Development, Economic Development and NABI (see Free Press, July 2012) reflected a growing delegate opposition to the settlement agreement. The movement also took a turn toward independence and self-determination and the possibility that the Navajos can build their own infrastructure filled with their own potable drinking water from the water that has always belonged to their people through indigenous water rights and the 1908 Winters Doctrine.

Transparency?

But Shelly was determined to stand by the settlement. In a statement issued July 5 after the vote, he said, “I’m very disappointed that the Navajo Council didn’t pass the legislation today. I wanted it to be approved with amendments to portions of the legislation the council didn’t like. The settlement would have protected the river from new development and provide money to build water lines for thousands of Navajo people. I want to thank the six delegates who votes in favor of the settlement. They showed courage and vision by electing to think of the entire Navajo Nation and our People.”

Two weeks later, in his State of the Navajo Nation address to the summer session, Shelly reiterated his promise to keep government transparent and accountable and cited his effort to take the issues directly to the people on the water settlement as an example.

On the settlement vote, he added, “Nearly two weeks ago … our Council also passed legislation that disapproves the LCR settlement. I will veto this legislation, unless we can work with the Council and provide some amendments for a settlement that we can all agree upon.”

During the following comment period, Katherine Benally said, ”Transparency? How are you transparent when the Little Colorado River settlement was voted down, and that legislation should not have gone for your veto? What went across, Mr. President and Vice President, was my legislation that opposes Senate Bill 2109. But your report doesn’t allude to that. There’s trickery going on here. That’s not transparency. There’s a lot of misleading,” she said.

“The intent of the legislation citing a number of reasons why council opposed the bill, was for the parties to come back to the table and restart negotiations. I am in agreement with redoing the agreement, but my legislation needs to be forwarded to Congress,” she said. “It needs to go and tell them why we’re opposing it [the settlement agreement].”

Shelly’s disappointment and threat to veto the vote and bring back the settlement during the summer session contributed to efforts on July 10, instigated by former Navajo President Milton Bluehouse, Sr., and seven other Diné citizens, to recall Shelly and Vice President Rex Lee Jim.

The Navajo Nation election code states that any elected official may be removed from office if 60 percent of the registered voters who voted for them in the last election file a petition seeking the official’s removal. The Shelly-Jim ticket received 33,784 votes, meaning 20,271 signatures would be needed to remove them from office.

The recall group’s original affidavit, filed July 10, stated: “President Shelly failed his oath of loyalty, accountability, and good faith to the people, and has proven incompetent and incapable.” It also listed 12 additional charges, including, “Abuse of the people through misuse of the police, and violation of our Bill of Rights at his ‘public forums’, and, “Total disinterest in protecting our natural, cultural, spiritual and environmental resources.”

However, on July 12, the Recall Shelly and Jim Committee was notified by the Navajo Election Administration that four of the eight members did not meet tribal statutory requirements to serve on the committee and therefore the committee was null and void.

Since then the recall effort has been regrouping, promising to bring a stronger citizen base to the effort. A posting during the week of July 28 on their Facebook site, “Recall Ben Shelly,” says that it “seems like we all have lost interest in this recall issue, but we also have been working hard on many other issues within the Navajo Nation. The petitions will go out this week. This is not a personal vendetta, it’s a majority of people who are dissatisfied with our leaders.”

No settlement?

On July 24 Shelly signed and approved the legislation that opposes two Congressional bills, saying that he signed the bill because the language of the bills could be amended.

“The Navajo Nation Council and the Office of the President and Vice President have stood in agreement about various concerns regarding U.S. congressional legislation Senate Bill 2109 and House Resolution 4067. Through conversations with Senator Jon Kyl there appears to be a willingness to discuss with the Navajo Nation leadership potential changes to the legislative language,” Shelly wrote in a memo to Speaker Naize.

He outlined some of the reasons for opposition, including Navajo Generating Station, Navajo rights to un-quantified amount of water on the Little Colorado and Colorado rivers, and ambiguous language in the bill.

Shelly said he still supports a Little Colorado River settlement and understands the legislation speaks only to the Congressional bills.

“. . . if there is no water settlement there is no need for Senate Bill 2109 or HR4067,” Shelly wrote. “My concern is by the Navajo Nation Council’s action voting down the LCR Water Settlement Legislation 0230-12 without amending the Water Settlement for counter consideration; the perception is that the Navajo Nation does not want a water settlement. It is imperative the Navajo Nation Council and the Office of the President and Vice President discuss and speak with one voice what the Navajo Nation position is on acquiring a water settlement.”

Published in August 2012

A financial settlement in an illegal-arrest claim

Co-authored by David Grant Long

A man who says he was illegally arrested and detained by the Montezuma County Sheriff ’s Office last year received a $25,000 settlement in June from the county’s insurance company.

Marion Harper III of Cortez had filed a civil complaint on Nov. 3, 2011, against the sheriff ’s office and the board of county commissioners in District Court in which he sought $100,000 and attorney’s fees.

On June 11, County Commission Chairman Steve Chappell signed the settlement agreement.

“I was illegally arrested and held,” Harper stated in his handwritten complaint, acting as his own attorney. “No charges were filed [and] no charges were explained. My constitutional right to equal protection under the law was violated based on my race, religion, and political beliefs.”

According to court documents, Harper said he was arrested and held on Oct. 17, 2011, by members of the sheriff ’s office, including Undersheriff Robin Cronk, who told him that County Court Judge Jenni- Lynn Lawrence had issued a remand order for him.

A remand is an order for someone to be taken into custody.

However, according to court documents, no such order existed.

In a Dec. 2, 2011, letter to Michael Green, who acted as attorney for the sheriff ’s office and the county commissioners, Harper reiterated that on Oct. 17, he was “illegally arrested by Undersheriff Cronk.”

He continued, “I did not have any pending charges; there were no subsequent charges filed against me; and there was no remand issued by Judge Lawrence or any other judge in Montezuma County. Undersheriff Cronk violated my federal civil rights as well as my Constitutional right to equal protection under the law regardless of race, religion, tribal affiliation, and/or political persuasion.” Harper is African- American.

In the letter to Green, he continued, “My financial well-being has been severely damaged due to the high-profile nature of the arrest (which occurred on the corner of Main Street and Harrison Street in the middle of rush hour traffic. Traffic actually had to be stopped while the Undersheriff and five patrol vehicles descended on a single unarmed man with an armload of groceries). The MCSO has created a criminal record that in no way reflects the person that I really am.”

On Oct. 14, 2011, Harper had appeared in county court before Judge Lawrence to seek a restraining order against a man he said had stolen the rims from his car and threatened to fight him. The judge decided not to grant the restraining order because of insufficient information, according to a minute order filed Oct. 14.

Harper told the Free Press that he then used some swear words in court and was reprimanded by Lawrence, and that appeared to be the end of the matter.

“She said there wasn’t enough information to grant the restraining order and asked if I had anything else to say. I said something like that he was causing problems and he needed to get the fuck out of there, or get his goddamn ass out of there, something like that. She said, ‘Don’t use that language in my courtroom’ and I immediately apologized, and said I didn’t mean to disrespect her in any way.”

But in the afternoon of the following Monday, Harper said, he was taken into custody while he was walking on Main Street near City Market after buying groceries.

Harper said five or six sheriff ’s cars pulled up and Cronk told him he had been remanded to court. Harper said he was handcuffed “so tight there were no links left” and placed in the back of a sheriff ’s van, driven to the parking lot of the county court building, and kept sitting there for an hour or two until court proceedings were done for the day.

Then, he said, he was taken into the building, past eight or nine deputies “lined up along the hallway,” and brought before Lawrence. “The undersheriff said, ‘If I were you, I’d apologize.’ They made me apologize to her for cussing in her courtroom.” Harper was then released, he said.

“It was very humiliating,” he said. “I guess they thought they would teach me a lesson or something.”

Sheriff Dennis Spruell told the Free Press that Harper was indeed taken to court by Cronk, but that there were only two patrol cars involved, not five or six.

He said when Harper was appearing before Lawrence (seeking the restraining order), there were no courtroom security personnel actually inside the courtroom, only outside it. Spruell said Cronk later heard that the judge had said Harper “was being very loud and cursing and if courtroom security had been there that day he would have gone to jail.”

Both Harper and Spruell said there were no threats to the judge, only cursing.

Spruell said, “Being the nice guy that he is,” the undersheriff was concerned about the allegedly disrespectful behavior and took it upon himself to make Harper apologize.

“He decided that rather than throw this man in jail, he would give him the chance to apologize. So they stopped him [Harper] and asked him, ‘Do you want to go to jail or apologize to the judge?’ and Marion said he would apologize.”

Because Harper does not have a car, said Spruell, he was placed into a patrol vehicle for the ride to court. Spruell said Harper was indeed handcuffed. “The deputies do that when they transport someone. I’m not agreeing with it. I don’t agree with it. It happened.”

Spruell said he had no knowledge of how long Harper might have been kept sitting in the vehicle before talking to the judge. The sheriff said he did not agree with the amount of the county’s settlement, “but they felt it was easier to pay it off than to fight it.”

However, he said Cronk’s actions were indeed wrong and that he had been informed of this. “It’s been taken care of,” Spruell said. “It will not happen again. There were consequences.

“When we screw up, we’re going to take the blame for it, and that was a screw-up, no doubt about it. We’re not going to pretend we didn’t do anything wrong and it shouldn’t have happened.”

In a May 21 response to other filings by the defendants, Harper wrote that he had initiated a complaint with the Colorado Commission on Judicial Discipline in late 2011 into Lawrence’s part in the detention; however, a preliminary inquiry and investigation by the CCJD in February cleared her of any wrongdoing, according to the response.

Harper has previously filed complaints against the sheriff ’s office and other local entities and officials. In 2004, he filed voluminous complaints against the sheriff ’s office and then-Sheriff Joey Chavez, the Cortez Police Department, District Judge Todd Plewe, and several other officials and entities over his treatment while in the county detention center awaiting trial on misdemeanor charges. He complained about a lack of access to court forms, difficulty in voting while in jail, and numerous other allegations. All those complaints were eventually dismissed.

According to County Administrator Ashton Harrison, claims such as Harper’s are handled by the county’s insurance company, Trident Insurance Services of San Antonio, Texas.

“When there is a lawsuit for money, our insurance company finds an attorney to represent us to see if it has merit,” he said.

Liability cases typically stem from the sheriff ’s office and detention center, he said, just because of the nature of the work involved. In cases where the county is sued, Harrison said there are three possibilities.

One is that the county fights the charges in court and wins. “That’s rare,” he said.

Other times, the county and insurers make a cost-benefit decision. “Is the amount of the settlement worth the legal fees? Would they outweigh any settlement? If so, the insurance company may say, ‘Let’s settle it.’ That’s rare.”

And in certain other cases, the insurance company and its attorneys may immediately urge that a settlement be sought.

“Sometimes, if they think it’s a losing case based on the facts, we try to go to settlement right off the bat, even before a court tries to order us to settle,” Harrison said.

Harrison said ultimately the decision is up to the insurance company. “But their attorneys try and stay in contact with us on what we think is a fair settlement and they don’t unilaterally make a settlement.”

Harrison said during his more than six years with Montezuma County this is the first case where the county has paid a financial settlement for such a complaint. He said there was a case involving the termination of a sheriff ’s deputy by Sheriff Gerald Wallace shortly after the 2006 primary election that was resolved without a payout.

“This is the first one since I’ve been here, period, that we’ve settled for money,” Harrison said.

Harper graduated this spring from Fort Lewis College with a bachelor’s degree in Native American studies.

He has a record of misdemeanor offenses in years past, including DUI and assault.

Most recently, on July 6 he was charged with harassment and disorderly conduct for allegedly threatening a neighbor in his apartment complex and attempting to strike him with an piece of broken iron railing while he was intoxicated.

“I’m not an angel,” Harper said. “I drink and I sometimes get in trouble.”

However, he said his offenses have been fairly minor and he believes that for years there has been a pattern in Montezuma County of harassment by law enforcement against people who are low-income and don’t have the money to hire an attorney.

Published in August 2012

Ute Mountain Utes get their long-awaited checks

It’s payback time for American Indian tribes, including the Ute Mountain Utes, whose tribal trust accounts held by the federal government under U.S. treaty law were mismanaged for decades.

The Ute Mountain Ute tribal office complex in Towaoc, Colorado. Photo by Rebecca Hammond

Following a class-action lawsuit by tribes, settlements to compensate for those losses in revenue were recently agreed to by the U.S. Department of the Interior and the U.S. Congress to the tune of $1 billion.

The Ute Mountain Utes’ share — $42 million, minus attorney fees.

How to spend the money caused some controversy for the small tribe of 2,100 members, headquartered in Towaoc, Colo.

The tribe’s council had announced plans for a public-works project or long-term investment, but the idea was met with strong resistance from tribal members who wanted the windfall to be dispersed directly to them.

The dispute led to an effort to organize a recall election of tribal chairman Gary Hayes. But last month the tribal council agreed to pay out the money to individuals. Tribal council attorney Peter Ortego would only say, “They listened to the people.”

Tribal members were given the option of taking a lump sum of $12,500, or having it paid out in installments.

On July 20, checks were distributed, causing a run on banks in Cortez. The money sparked a economic stimulus for Cortez businesses.

“We broke our one-day sales record and sold 17 cars and trucks,” reported Lino Padilla, owner of 4X4 Auto, located south of Cortez. “I have a long relationship with the Utes going back 16 years. They love my selection, and I appreciate their business.”

One customer, a Ute, said people were mostly paying off bills, and with what’s left over buying something extra.

“It’s nice to trade in an old car for a newer one,” she said.

Other retail stores reported extra sales as well. Sears reported an uptick in business.

“The settlement was really good for local businesses,” said Lisa Pierce, owner of the Cortez Sears. “We sold a lot of appliances, so they were really excited and so were we.”

Whether the money is considered taxable income by the IRS is being challenged by the Ute Mountain Tribe. If it is ruled taxable it could impact Social Security and Medicaid benefits. Ortego said the tribe does not believe the settlement money is taxable, but to be sure tribal members are covered, the tribe held back $10 million of the settlement money.

“That represents 28 percent, the highest tax rate, plus the maximum penalties the IRS could collect,” he said in an interview. “If we win the case, that money will be distributed to the tribal members and would be around $5,000 apiece.”

The U.S. government has a long history of violating its own treaties with Native tribes, and the mismanaged trust accounts, set up to provide public services for reservations, is a continuation of that dishonesty, tribal leaders say.

John E. Echohawk, an attorney and executive director of the Native American Rights Fund, a nonprofit based in Boulder, Colo., explained the settlement’s significance in a phone interview.

“The settlement is a historic development for Indian Country because the federal government has not been fulfilling its trust responsibility with the tribes and we are now in the process of resolving that,” Echohawk said.

The lawsuit, which began in the 1990s and expanded to include 44 Native American tribes, focused on the release of accounting records for tribal trust accounts, run by the Bureau of Indian Affairs. Unpaid or ignored royalty payments owed to tribal members from oil and gas revenues also factored into the massive lawsuit and settlement.

It was revealed those tribal trust accounts were poorly managed, and investigations showed the trusts set aside for reservation communities were inadequately funded to provide necessary tribal services such as roads, education, law enforcement, and public works.

“Finally the federal government is settling these cases in a fair way,” Echohawk said. “Our treaties promised assistance for tribes, and the government did not carry out their trust responsibilities. The result of inadequate funding has been poor education programs, inadequate housing and a lack of services.”

To prevent future fiscal mismanagement of tribal funds, a commission was set up to better monitor trust accounts. The Indian Trust Reform Commission is taking recommendations from tribes on how to improve the system. As a part of the settlement, the BIA must conduct accounting reviews every three months.

Ortego said the lawsuit was drawn out and complicated, but the opportunity for a settlement finally arrived.

“Under Bush, there was no progress, so we had to seize the opportunity while Obama was in office to settle and move forward because this Congress set aside money for the settlement,” he said. “People feel positive about it, tribal members are happy to have it.”

The Ute Mountain share and the total $1 billion settlement is not part of the Cobell lawsuit, another case brought by tribes against the federal government. That classaction suit, led by Elouise Cobell of the Blackfeet tribe, who recently died, claimed government fraud on the management of individual Indian trust lands and is being settled for $3.4 billion.

Published in August 2012 Tagged

The future looks bright for uranium mining in the area

The uranium industry hasn’t gotten much play in the Four Corners area since its heyday during the Cold War. But with prices rising worldwide – and historic stockpiles diminishing – demand for the controversial ore is beginning to bounce back. Some of the highest-quality concentrations lie buried beneath Colorado, Utah and Arizona – and ready or not, the industry is coming to call.

The market’s optimism about uranium showed up here in a big way in late June, when the former owner of a handful of mines on the Colorado Plateau, Denison Mines, was bought out by Energy Fuels, Inc. The Ontario, Canada-based corporation has an operations center in Lakewood, Colo., near Denver.

Because of the acquisition, that company now owns four mines north of the Grand Canyon, one just south of it, and a uranium mill just over the state line in Blanding, Utah. They are also poised to revisit mining at their formerly held properties along a uranium-vanadium belt straddling the Colorado- Utah border that produced mightily in the past; that deposit spans parts of San Miguel, Montrose, and Mesa counties.

“There are other mines in Southwest Colorado that could be brought online in the next two to five years,” said Curtis Moore, director of communications and legal affairs for Energy Fuels.

Before Denison Mines offloaded its uranium mines in the Four Corners region, investor publications widely called Denison’s U.S. assets a “poison pill” that would make that company unattractive to potential buyers.

But Ron Hochstein, president and CEO of Denison Mines, who has a seat on the board at Energy Fuels, describes a different perspective. He says Denison was in a tough spot because its attentions were divided between uranium mines in the American Southwest, Saskatchewan, Zambia and Mongolia.

Energy Fuels, by contrast, is solely focused on developing the resource in the United States.

Besides that, Denison’s United States assets were overloaded with exploration projects, which tend to be rife with risk due to increasing legal and regulatory challenges in the permitting process. Denison Mines investors were having to bear the brunt of a United States portfolio imbalanced in that direction. Energy Fuels owns some mines elsewhere in the West that are already permitted and producing, with which they can balance the high costs of exploration, Hochstein said.

“Now the U.S. assets are more viable and better positioned than they were with Denison,” he said.

A checkered past

As an industry, uranium had its first bump during World War II and a full-on heyday during the Cold War. Southwest Colorado played a key role in that, although much of it was secret.

But during the 1980s, the U.S. government wound down its program to make nuclear weapons, so demand dwindled. Regionally, uranium producers retooled their efforts and began supplying nuclear power plants, according to Jennifer Thurston, director of the Telluride-based Information Network for Responsible Mining: “Then the Three Mile Island incident happened, and the market has been pretty much bust ever since.”

The original boom exacted its own toll on Colorado, Thurston said: “Colorado has had to spend $1 billion to clean up mill sites, and $120 million to clean up Uravan.”

There’s no trace left of Uravan, a town that used to border the San Miguel River; during post-mining cleanup, the EPA decided the entire town was so contaminated, it had to be completely razed.

“At one time, over 800 people lived along the tree-lined streets enjoying housing, schools, medical facilities, tennis courts, a recreation center and pool provided by the company,” reads an online memorial to the place, at uravan.com. “Though most physical traces have been erased between the canyon walls, its memories will live on here and in the hearts of the former residents.”

Perhaps surprisingly – since many of them lost family members to the effects of radiation – many of those former Uravan residents are among the Coloradoans eager for uranium-mining to return to the state’s economic scene.

“I think they see uranium as the only resource they have to develop their communities, despite the cost and despite their history,” said Thurston, who spent many hours interviewing members of the now-gone community as a journalist before taking her current role.

Across the state, there remain 1,300 abandoned uranium sites. State and federal agencies are still chipping away at remediating them.

And there are new potential sources of contamination, Thurston worries. For example, an attempt to start mining at one of Energy Fuels’ properties, the Whirlwind Mine in Mesa County, was abandoned in 2009 after the recession hit. There had been problems with contaminated water from the water- treatment system at the site, but “rather than dealing with it, they just decided to shut the system off and go into intermittent status,” Thurston says. Currently, Energy Fuels is allowing the mine to fill with water, which would have to be treated and discharged before mining could begin.

“Are they going to have the same pattern of violations that they had before? That’s my fear,” she said, adding that similar issues exist at the Energy Queen Mine, three miles southwest of La Sal in Montezuma County.

Regulatory headaches

While Denison Mines’ Hochstein denies that the attention of environmentalists was a driver in the company’s decision to sell, “it certainly factors into the profitability and the risk that you have with the U.S. operations,” he said.

“I’ll be honest – it is a lot more difficult, with permitting and legal challenges, than any other jurisdiction that we’re in. The regulators now are so concerned about ending up in court.”

While those realities won’t weigh as heavily on Denison Mines any more, their successors will be fairly immersed on both the legal and the legislative fronts. Opposition is already rising to meet the recent announcement that Energy Fuels will start mining this fall at one of its new acquisitions, the Canyon Mine south of the Grand Canyon. And ongoing court battles surround the Arizona One mine to the north.

In Colorado, “really the biggest concerns are impacts to the rivers and the use of water,” Thurston said. For example, her group helped fight a plan by Energy Fuels to start operations at the Piñon Ridge Mill, 12 miles west of Naturita in Montrose County, because of fears that it would use significant amounts of water from the San Miguel and Dolores rivers, and could pose contamination risk to the Dolores.

In mid-June, a Denver District Court judge invalidated the mill’s license, saying the state failed to heed state and federal rules allowing for public input into the licensing process.

On the legislative side, Colorado House Bill 1161 passed in 2010, which requires every uranium mine in the state to complete some bookkeeping – including an environmental protection plan. The deadline is Oct. 1 of this year.

Rising prices

As Energy Fuels looks to its future, Hochstein quips, the regulatory and environmental issues will remain “part of doing business” on the Colorado Plateau.

Moore says Energy Fuels is actually eager to rise to the challenge.

“Quite frankly, companies should operate at a high bar,” he said. “Mining companies have changed a lot over the last several decades. You can’t make it in this industry now without having a big culture of safety and responsibility.”

And on the economic side, he’s optimistic. He says there was a bit of false hope for the uranium industry back in 2007, a strange run-up in prices that turned out to be a bit of a phantom.

“A lot of that was pure speculation,” he said. “A lot of people were worried about the world economies, so there was a big rush toward natural resources. There was not a market basis for that.”

The 2011 disaster at Fukushima evaporated that mirage. But now, prices are on the rise again – and this time, he thinks it’s real.

“There are about to be some pretty serious supply-and-demand imbalances,” he said. While Germany, Japan and the United States won’t be the big drivers for a new uranium boom, China, India, Russia and South Korea all have plans to build new reactors. For those countries, he says, nuclear energy makes good sense.

“Once a reactor is built, the fuel for it is very, very cheap,” he said. “Reactors put out a lot of electricity, and there’s a strong argument to be made that the nuclear industry is the safest way to produce electricity.”

And alongside that demand, the global supply is steadily decreasing, he says.

For starters, the end is near for the Clinton- era Megatons to Megawatts program that retooled old Soviet warheads to make fuel for nuclear reactors. Meanwhile, old stockpiles of uranium, holdovers from the Cold War, are dwindling.

Right now, Moore points out, the world uses about 180 million pounds of uranium per year, and the global uranium industry produces less than that, about 130 to 140 million pounds per year. Those stockpiles have been used to make up the difference, but they won’t last much longer.

So with demand growing, and some major supply sources drying up, he says, “the future seems fairly positive for us.”

Published in August 2012 Tagged

Will winter bring relief from the drought?

In a dirt parking lot near Many Farms, Ariz., a Navajo farmer sold me a mutton burrito. He hasn’t used his tractor in two years, he said, and he’s cooking instead of farming because “there isn’t any water.” He pointed east at the Chuska mountain range, which straddles the New Mexico border. In a normal year, water coming off the mountains reaches his fields, he said.

McPhee’s receding waters expose shoreline rarely seen, in this photo from 2002. Despite recent rains in higher elevations of Southwest Colorado, much of the Four Corners region remains in a state of drought. Photo by Wendy Mimiaga

But this might be the new normal for the American Southwest, writes William deBuys in “A Great Aridness.” It was published late last year, months after one of the Southwest’s driest summers in history, during which fires of unprecedented size scorched hundreds of thousands of forest acres. This summer is worse than the last.

Springs, wells and irrigation ditches are bone-dry. Farms are withering with the surrounding landscape. Everyone has heard the gloomy scenarios of global warming: extreme weather, drought, famine, breakdown of society, destruction of civilization. Well, it’s kind of already happening.

Smoke is in the air. Neighbors are fighting over water. Wild animals around are getting thirsty, hungry and bold.

Periodic, decades-long droughts have been relatively common in the last few thousand years, according to analysis of dried lake beds, deBuys writes. Most of the area’s famously collapsed civilizations — Chaco Canyon, Mesa Verde, the Galisteo pueblos — are thought to have died out for lack of water in these extended dry periods, which he calls “megadroughts.”

Much of the early population growth in the American Southwest occurred during a relatively wet period in the climactic record, a respite between megadroughts, and sooner or later the region was due for another one, deBuys believes. It’s possible, in fact, that this is the start of the next megadrought, but it’s impossible to know right now.

“The character of a drought becomes clear only retrospectively,” he writes. That said, deBuys is afraid the next, inevitable megadrought will be brought on by global warming.

This summer is often compared to the summer of 2002, when the rains stopped after Christmas and didn’t start again until summer, says farmer and nursery owner Jude Schuenemeyer, of Let it Grow Nursery in Cortez.

He says this year at least there was rain in February and April, followed by a break before it finally fell again on July 26.

But if this year is followed by another dry year, it would blow 2002 out of the water in terms of severity. Without a cold wet winter or spring rain, he says, “next year will be the big one.”

Phyllis Snyder, a board member of the San Juan Basin Farm Bureau, said this year most farmers and ranchers in the area were able to “scramble to make pasture and get water to cattle.” And many were even able to sneak in an early-season crop of winter wheat. But they were essentially running on water vapors. Like Schuenemeyer, Snyder believes that if next year is like this one, it would be catastrophic.

“The real impact of the drought will depend on if we have winter or not,” Snyder said. “If we don’t, there won’t be water to fill the storage reservoirs and ponds, and we’ll be in a severe impact next year.”

A second year of drought has already struck in Texas and New Mexico, she noted worriedly, as if staring into the future. “A lot of herd-culling that started last year in Texas and New Mexico is now happening in Colorado.”

A battle at the acequia

Lynn Montgomery’s farm was part of a thriving community in the ’60s and ’70s. Most of the inhabitants drifted away, or ran away, or got dragged away by the police. Montgomery was the last man standing.

He’s been farming that same Placitas plot for more than 40 years now. And like many other farmers in northern New Mexico, he irrigates his land with water from an acequia, a type of canal system implemented by the Spaniards. (They adopted the technique from the Moors.) For the second year in a row, Montgomery’s acequia has run dry. In the Sandia Mountains above Placitas, last winter’s snowpack was relatively deep. But the spring runoff never came — the snow evaporated straight into the air of the hottest spring on record. Summer rains arrived in time to save his crops last year, but the monsoon has yet to reappear. The ditch is dry. His farm is dying.

First to go were the young Italian prune trees. His more-established pear trees were next. Now, his decades-old grape vines are dropping their fruit and clinging to their lives.

The 30-year-old asparagus patch is toast, as are the perennial herbs, garlic and strawberries, along with everything he planted this spring. Even the weeds are dead.

Montgomery sold the farm to the local Pueblo Indian tribe on the condition that they assume ownership after his death. Proceeds from the sale were mostly diverted to lawyers and legal fees that he’s incurred while battling to enforce water laws around Placitas. He took a landmark case all the way to the state Supreme Court, where his adversary bailed at the eleventh hour, after more than a decade (Montgomery v. Lomos Altos). Developer Lomos Altos finally withdrew an application to transfer agricultural surface-water rights to wells for its Placitas developments away from Valencia County. Montgomery was among the original protesters who challenged the transfer.

While Montgomery managed to thwart several developments in Placitas, he couldn’t stop numerous wells from being drilled, especially in the ’80s and ’90s. The water table has dropped so low that many springs in Placitas are starting to run dry, along with the acequias they feed, he says.

Montgomery’s neighbors, with the turn of a tap, can water their grass and wash their cars, thanks to the wells that killed the spring that feeds his acequia. But it’s only a matter of time, he says, until they feel his pain.

“At that point all the bedroom-community types will realize that the real estate people have bamboozled them, and most of us too,” he says, referring to the area’s recent history of property-value booms and subsurface water grabs.

To the north, in New Mexico’s corner of the Rocky Mountains, Harold Trujillo is president of Acequia de la Isla near Mora. In a phone interview, he said all of the acequias in his Sangre de Cristo mountain valley, neighboring the headwaters of the Pecos River, are dry. Before this one, the worst year he remembers was 2002. According to the Colorado state engineer’s office, that had been the region’s driest year in the last three centuries.

“In 2002 there were natural ponds that never dried up. Cows could drink out of them. Now those ponds are dry,” Trujillo said. “People have been digging them deeper with backhoes to get them to fill with water.”

Tempers are getting short. Trujillo said he was verbally threatened one weekend in June at Morphy Lake, the reservoir his acequia association helped build.

“We were opening Morphy Lake to get water in the river. These people wanted us to open it more, so more water would flow into the river,” he said. “But we can’t. We need to save some water for July and August because we don’t know if it’s going to rain or not.”

In the not-too-distant past, Montgomery — who acts as the manager, or mayordomo, of his acequia — had to use infrared remotesensing cameras to bust abusers of his ditch.

Changes downstream

Firefighters are as flummoxed as the farmers and ranchers. Porfirio Chavarria, a Santa Fe firefighter, said that since he started in 1998 he’s seen an increase in fires of more than 100,000 acres in size, which coincidentally enough (or not) he calls “megafires.” Chavarria attributes that to increases in dry and hot air, which optimize the conditions for burning.

The 2011 Las Conchas fire in the Santa Fe National Forest burned incredibly fast at first, incinerating 40,000 acres in just 15 hours, before growing to 150,000 acres, he says in an online video recorded this May (watch it at bit.ly/LasConchas.

“When a fire runs through, it really affects the soils. It burns so intensely that it can turn them to glass. It can make them hydrophobic,” he explained. “When it does rain, the rain just slides off. It loses that absorption, and that filtration process is kind of lost.”

The New Mexico State Engineer’s office is expecting climate change to have a wide range of impacts on both suppliers and users of water. Higher freezing altitudes, changes in snowpack elevations and water equivalency will mean less snowpack overall, and essentially no snowpack south of Santa Fe. According to the International Journal of Climatology, increased evaporation from agricultural and riparian microclimates will reduce soil moisture in northern New Mexico and exacerbate desert conditions in the south. If that sounds like the present, welcome to the new normal.

In “A Great Aridness,” deBuys writes that “building resilience against drought into the region’s water systems and cultural practices would be a wise course, irrespective of the cause or timing of the next emergency.” Feast or famine, everyone can benefit from installing water catchment systems, waterwise gardens and sensible irrigation policy (though, admittedly, the last one is much easier said than done).

But while people brace for what’s to come, it’s important to remember that this may not be a done deal. It’s still possible that policy changes could affect the fate of the climate.

Many Southwesterners fear climate change, whatever its cause, with good reason. This summer’s bizarre weather has drawn new attention drawn to the climate, and environmentalists say now is the time to strike, while the asphalt is hot.

Author and climate activist Bill McKibben agrees. “Last year’s drought and this year’s record fires are reminders of the wholesale changes now underway on this planet,” he said in an email. “Not even the Land of Enchantment can cast a spell strong enough to keep climate change at bay — it’s going to take hard, urgent effort, here and around the world.”

If you’re interested in doing something about climate change, the New Mexico branch of 350.org, the nonprofit McKibben helped found, would happily put you to work.

Hoping not to have to put his considerable burrito-making skills to use, Lynn Montgomery is scraping together resources to retool his farm to be more efficient with water. He’s installed a holding tank, in which he’ll be able to store precious acequia flow in future years, before the ditch runs dry again. And with that tank he’ll be able to give his garden a good base on which to ride into the monsoons that everyone hopes will come.

After decades of doing it the old ways, he’s leaving behind the traditional flood irrigation practices that go hand in hand with a booming acequia, and he’s making the switch to more efficient drip tape. It remains to be seen whether his adaptations, and his resilience, will be enough to help him face the new normal. But the old hippie in the peach pit house isn’t going out without a fight.

Published in August 2012

Climate change is physics

I read Gail’s excellent articles on climate change in the July Free Press with much interest, particularly “Locals’ views differ on warming theory,” where the opinions were truly saddening.

Quotes such as: “It’s climate change, but I’m not sure it’s manmade” – “It may not be something we’re causing” – “may be part of a cycle that may have come along regardless” – reveal a sad lack of basic understanding regarding our planet’s physical situation. We as a society must become clear that the physical dynamics at work in this global-warming thing are indeed well understood by those who study climate.

Please consider our planet for a moment, orbiting around our sun through a freezing cold solar system. Earth was blessed with being just the right size and distance from the sun’s heating influence for evolution to make the difference between becoming a blue planet of life or dead like Mars and Venus. Today’s atmosphere and its climate are the product of many billions of years’ worth of day-by-day geology, later joined by the processes of life.

Our atmosphere has evolved to a state of 78 percent nitrogen, 21 percent oxygen, with a fraction of 1 percent argon and 0.1 percent water vapor. According to old textbooks, squeezed into there was 0.03 percent CO2 and other greenhouse gases.

However, our fossil-fuel burning will push that concentration past 0.04 percent in the next couple years. This is worrisome because it’s like putting on an extra sweater when you don’t need it and it’s alarming because people still refuse to come to grips with that reality and its implications.

Look at astronauts’ pictures of our planet’s horizon. Our atmosphere is that narrow glowing ribbon; proportionally it’s thinner than the skin on an onion.

But size is a deceptive indicator of importance, considering that together with that tiny percentage of greenhouse gases, this thin layer of troposphere, along with the oceans, has become a heat engine circulating air, moisture, heat and energy around our globe. This is where our weather comes from, the end result of interconnected global circulation patterns — a mighty global heat engine at work.

One of many reasons we can trust the consensus of climatologists regarding these greenhouse gases is because the Army and Air Force spent years doing intense atmospheric studies to understand the situation. And why did it matter to them? Because without a flawless understanding of the energy physics of the various gases in our atmosphere, heat-seeking missiles would have been impossible.

“Skeptics” will suggest it’s the sun alone causing all this warming. But they ignore the fact that our sun has been closely observed for a long time and the range of its fluctuations is minuscule compared to the warming we are witnessing.

“Skeptics” claim there hasn’t been any warming in the past decade or so. But the surface data they point to ignores the warming that continues to be recorded in our oceans. In fact the data they cite doesn’t include most of the Arctic Circle, where the greatest warming is being observed. They also ignore the melting throughout our world’s frozen realms, known as the cryosphere, as sure a global thermometer as we can hope for.

Back to that global heat engine. We know greenhouse gases are for real; also that society is injecting them by the gigatons; thus they WILL increase our atmosphere’s insulation – it’s unavoidable physics. It will warm our planet, that warming will continue melting our cryosphere, it will increase evaporation along with our atmosphere’s holding capacity for water vapor, the most powerful greenhouse gas of all. It will increase the energy within our weather system.

Look at it another way – how can you warm a heat engine and not increase its activity? In the case of our planet, that would be increasing extremes in atmospheric conditions resulting in more storms, heat waves, droughts, extreme wind events, extreme downpours, even cold waves.

For example, given the melting at the North Pole, large areas of sun-reflecting ice cap are being replaced by heat-absorbing ocean water. This water is warming, some turning into vapor. Then the heat drives convection columns high into the troposphere, in turn creating circulation patterns that haven’t existed in eons. These go on to impact the polar circulation cell, which then impacts the flow of the jet stream.

One of the cascading consequences is reflected in the jet stream’s more erratic behavior of late. Getting more serpentine it reaches further south, grabbing warm air masses and shoving them up into arctic regions. This in turn forces cold arctic air masses to be displaced and forced southward. When these arctic fronts flow into the Atlantic Ocean’s moisture-saturated skies, well, what do you expect? Severe winter storm events. Next time something like that happen, check out the temperatures in the Arctic Circle, you’ll see what I mean.

It’s simply global heat exchange in action. There is nothing surprising about it. This is exactly the sort of behavior climatologists have been warning us about.

Of course, self-styled “skeptics” will never share that part of the story with you since all they focus on is winning their political battles.

Unfortunately, our planet doesn’t care who’s winning the political argument. All it does is react to what we are doing to it. And while our planet and life will surely do fine given eons to adjust – we and our society along with our gods will not fare so well.

Peter Miesler writes from Durango, Colo. For links to authoritative sources explaining the detailsdescribed in this essay visit Citizenschallenge. blogspot.com.

Published in Peter Miesler

A peach of a crop

This summer, for only the third time in nine years, we had a peach crop in our orchard in McElmo Canyon. Our first crop coincided with our first year of living in the canyon. We had peaches coming out of our ears, and not sure what to do with them all, we sold what we could, but most of the crop dropped to the ground.

When our second big crop hit a few years ago, we were more knowledgeable and better prepared. As with the first crop, we were able to sell fresh peaches at Let It Grow, but we also by then had the café in place so that we could make peach smoothies and peach curries. Addie and I had freeze-the-peach date night. Though we were able to sell more of our crop in one form or another that year I bet that most of the crop still dropped.

This year, with more cultural practices in place, we knew that we were going to have a large crop of high-quality fruit. These were the peaches that made McElmo Canyon famous. We knew that we could not sell them all but we were unwilling to see most of the crop on the ground.

We talked to many of our canyon neighbors whose families had grown peaches for generations. We searched their memories for the keys to successfully harvest and market out beautiful fruit. We called markets in Durango, Mancos, Dolores, talked to restaurants, tried to arrange transportation, built relationships based on a harvest.

And while this year we have sold more of our crop than ever before, our access to markets has still been limited. Truth be told, most of our crop was sold through a series of u-pick days down on our farm, combined with significant sales and processing at Let It Grow. We were grateful for the amount of our crop that we were able to sell but still disappointed with our lack of ability to significantly build further markets.

Being both growers of food crops and sellers of local foods, through our market and café, we have developed an understanding of the local food economy based on many years of experience. Daily we live through the satisfaction and frustration of growers and sellers of food. As a café and market we have had to simplify and reduce the numbers of local vendors that we use. Though most all of the fresh food on our menu comes from local sources we work almost exclusively with one main vendor, Stone Free Farms, and several smaller vendors for a few select items.

Our reason for this is simple. Fresh food is perishable. Though we are willing to pay more for produce from a local source than we could get it at the chain store it has to be of consistently high quality. If it is not better quality we cannot sell it.

While many growers can provide high-quality produce for a while we have yet to find anyone that fits our needs as well as Stone Free Farms. Again, we do not buy on price, our decision is based upon consistent quality and professionalism.

This of course makes it difficult for potential new vendors to gain access to our market. We are a small operation – the local McDonald’s sells more meals in a day than we would in a week. Even a small grower could overwhelm our ability to sell their produce.

As a modest producer of high-quality fruit we keenly understand the frustration of having a superior product without a market. When our orchard was first in production the crops were sold to the local chain grocery store. Now, to get our peaches into that same store, we would have to grow a big enough crop to be shipped to a Denver warehouse so that it could be shipped back to Cortez for retail sale. The non-chain local stores are flooded with lower-quality but more-consistent peaches from Palisade, still competing with the national chains dumping the same peaches cheaper. The problem of course is if local growers cannot get a consistently fair price for their crop they will turn their crop under, be it a whole orchard or a bed of spinach.

There is a chicken-and-egg aspect to this. To open up larger markets we need more producers; for producers to make a living we need more markets. Redistributing markets does not help. We could easily convert Let It Grow into a produce warehouse, buying and selling locally grown products cheap. I doubt that it would be able to be financially successful, the box store will always sell more for less, and I am sure that it would take from the farmers market. The local food economy would change but not grow.

What is needed is a greater awareness of our agricultural assets and our market potential for them. I firmly believe that if Montezuma Valley fruits and produce are put into the hands of consumers, the taste and quality will win customers over.

To that end we and the Cortez Cultural Center are proud to introduce An Orchard Social and Heritage Crop Festival at the Cultural Center on the first Saturday of this October. Our goal will be to feature the remarkable quality of fruit and produce grown in our region. We will have fall crop-judging, apple sales, cider-making, apple identification, music and other family events.

We know that one event will not expand markets by itself, but every opportunity to taste the heritage of Montezuma Valley crops will remind us of our exceptional agricultural potential.

Jude Schueneyemer is co-owner of Let It Grow Garden Café and Nursery in Cortez, Colo.

Published in Jude Schuenemeyer