Tips for keeping your home from going up in smoke

Those who lived in the Four Corners in 2002 remember the fires that devastated the region during that dry summer. The fire season started locally with a wildfire on the New Mexico/Colorado border south of Elk Springs, and Elk Stream Ranch Subdivisions on the Montezuma/La Plata County border. If favorable weather conditions had not prevailed, the fires could have easily destroyed homes in East Canyon on the east side of Menefee Mountain.

LONG MESA FIRE 2002

Fire-mitigation efforts around structures on Chapin Mesa at Mesa Verde National Park saved those structures from burning during the Long Mesa Fire in 2002. Photo courtesy of Mesa Verde National Park / National Park Service.

The fire season continued that summer with the Long Mesa Fire at Mesa Verde burning two park homes, the Missionary Ridge and Valley Fires near Durango destroying 56 homes, the Hayman Fire burning 133 homes northwest of Colorado Springs, and the Rodeo- Chediski Fire in north-central Arizona burning nearly 500 homes and outbuildings.

Our current drought conditions are similar this year to those that preceded the devastating fire season a decade ago. April and May are some of the driest on record in Southwest Colorado. The Paradox and Little Sand Fires are already burning thousands of acres in Southwest Colorado. The Whitewater- Baldy Complex Fire in New Mexico has become the largest recorded fire in New Mexico history, surpassing last year’s Los Conchas Fire near Los Alamos, N.M.

Despite the devastating impacts of some of these recent wildfires, fire is a natural part of life in the Southwest. Forests have adapted to regular wildfire activity, but many homeowners who move into these fire-adapted ecosystems are still learning how to live with fire. Some are taking actions to make their families and homes more prepared to withstand wildfires, but to others, wildfire preparedness is a daunting task.

Homeowners have the ultimate responsibility for preparing their homes for wildfire, before a wildfire ever threatens. Assistant Chief John Vogel with the Fort Lewis Mesa Fire Protection District likes to say, “The fire department will do as much to defend your home during a wildfire as the homeowners have done prior to their arrival.” During a large wildfire, firefighters have to triage threatened interface areas to determine which homes they can safely protect and which homes will likely survive with little or no support from firefighters. When there are not enough fire trucks to stage at every house, homes whose owners have done very little before the fire are likely to get passed by.

So, what are you waiting for? No more excuses!

Find out more about wildfire risk by visiting www.southwestcoloradofires.org. Have a homesite assessment conducted to create a prioritized list of action items to defend your home. The U.S. Forest Service, Colorado State Forest Service, FireWise of Southwest Colorado, and your local fire-protection district can arrange to send an expert to your home. Since fires do not follow property boundaries, plan a neighborhood potluck and have a FireWise or local fire-department representative talk with you and your neighbors about your neighborhood’s fire risk. While they are in your neighborhood, have the experts conduct site assessments on homes and discuss opportunities to address community-level wildfire risks including access, signage, community fuel breaks and safe areas, evacuation routes, enhanced neighbor to neighbor communications, and more.

Contrary to common perception, defensible space does not mean clearing everything within 30 feet or 150 feet of your home. A defensible space can actually create a more healthy, natural and beautiful forest as well as protect your home from an approaching wildfire. Every step you take to improve your home’s defensible space will help firefighters safely protect your home. You can often keep that favorite pine tree near your home if you prune up the lower branches 8 -10 feet and remove tall grasses or small shrubs growing underneath it. The mitigation specialists listed above can help you determine the best plan for your property.

Remember, every step you take to improve your home’s defensible space will help firefighters to safely protect your home. There are many Colorado State Forest Service publications that provide guidance on how to create your home’s defensible space, http://csfs.colostate.edu/pages/wf-protection.html. You can use this guidance, or that received during a home site assessment, to guide your own work, or that of a contractor. If you cannot do the work on your own and cannot afford to hire a contractor, consider becoming a part of FireWIse of Southwest Colorado.

FireWise of Southwest Colorado offers education, planning, and mitigation support for homeowners and neighborhoods. By taking a community approach to wildfire preparedness, homeowners are able to complete more hazardous-fuels reduction by working together than they could accomplish on their own. FireWise offers mini grants for communities with FireWise Neighborhood Ambassadors, and other wildfire mitigation grant opportunities. To find out more about FireWise of Southwest Colorado and the Neighborhood Ambassador Program, contact your local chapter coordinator or visit www.southwestcoloradofires.org.

Rebecca Samulski is the wildfire education specialist for Montezuma Firewise.

Resources for wildfire information

Montezuma County Coordinator and Montezuma County Fire Chiefs Assn. Wildfire Education Specialist: Rebecca Samulski – 970-564-4007, montezumafirewise@gmail.com

Archuleta County Coordinator: Bill Trimarco – 970-264-0430, archuletafirewise@gmail.com

Program Director and La Plata County Coordinator: Pam Wilson – 970-385-8909, swcoloradofirewise@gmail.com

Colorado State Forest Service District Forester: Kent Grant – 970-247-5250, kgrant@lamar.colostate.edu

San Juan Public Lands Center (USFS/BLM) Wildfire Mitigation and Education Specialist: Craig Goodell – 970-385-1207, craig_goodell@blm.gov

Or contact your local Fire Protection District

Recreationists are advised to be cautious on public lands

Although fire restrictions have not yet been implemented on the San Juan National Forest, conditions are very dry, and fire danger is high. The public is advised to be aware that, in these dry conditions, wind can easily whip up a wildfire from the smallest spark or campfire. Please follow these safety tips when visiting your public lands:

  • If you are not inside a campground that offers fire grates, consider using a camp stove instead of building a fire.
  • If you must build a campfire, locate it away from overhanging branches, steep slopes and dry grass.
  • Build a fire ring out of rocks and keep your fire small.
  • Never leave a campfire unattended, even for a few minutes.
  •  Put campfires out every time you leave or go to bed by stirring with water until coals are cool to the touch.
  • Never toss cigarettes.
  • Don’t park hot vehicles over dry grass.
  • Be extra careful with anything that can create sparks, such as chainsaws, car exhaust pipes, guns, etc.

For more information, visit the San Juan Public Lands Center, 15 Burnett Court, Durango, CO, call 970 247-4874 or see www.fs.usda.gov/sanjuan.

Published in June 2012

Seeking the elusive orange apple

One of the first orchards in Montezuma County that I came to have a history with belonged to A.G. Dunning. His granddaughter told me about it, that her grandfather Dunning had an orchard. Several years passed before I would know enough to go to that orchard. Quickly I realized that even for Montezuma County this orchard was unusual.

Through years of glancing at county fair records I have come to know varieties of fruits and names of orchardists: the person, the place, the plant. The loop of these factors spreads through microfilm and cemeteries, in texts of forgotten fruits, and in descendents’ memories. It can be tasted dangling from a limb, ripe for the picking.

It will be quite the project to list all of the fruit varieties grown in Montezuma County. Imagine actually trying to find the trees. Sometimes I do manage to collide with a tree once read about. Such was the case of the Colorado Orange Apple.

Once while I was looking through county fair records an apple caught my eye, the Colorado Orange, submitted from the orchard of Mr. A.G. Dunning. In a land of the forgotten genetics of rare apples this was another, quite possibly extinct, but perhaps a tree lived.

This last winter we were loaned some old fruit books, including early Colorado State Board of Horticulture reports. While reading through one of these, Addie came across the Colorado Orange, listed as a winter apple coming from Fremont County.

I knew that Jasper Hall, the fruit wizard of Montezuma County, had gone to Cañon City, Fremont County, for stock for his orchards. This past winter I also learned that Hall and his brother Norman lived in Cañon City for a couple of years before migrating to the Western Slope.

At this point I felt certain as to where the tree had come from and where the tree had been, though I knew not whether any of the trees still existed alive anywhere.

One day in early March I was at the Dunning Orchard grafting apple trees with a couple of other people. Again I mentioned the Colorado Orange Apple. A few days later I got a call from fellow grafter Ken Amling. Ken called the Fremont County Extension Office to inquire about the Colorado Orange. Though initially not finding someone that could help him, he called back later and was able to find someone who could help.

Yes, Ken was told, there was a tree remaining.

About a week later Ken and I made our way down the Arkansas River in the dark and the rain. In the morning we had a cup of coffee with Paul Telck, who told us what he knew of his orchard and the Colorado Orange; that it was a seedling found in the orchard of Jessie Frazier. Growing close enough in the orchard row to where a tree should be, and having unusual vigor, it was allowed to grow and bear fruit.

“Uncle Jessie” was knowledgeable about fruit, having planted what may have been the first orchard ever in Colorado, from trees that he brought from Missouri in an ox-pulled wagon across the plains in 1856. After we finished exchanging information about our respective growing areas, we went into Mr. Telck’s orchard and collected scion wood. In his garage, protected from the cold March wind, we grafted away: Black Ben, Black Twig, Gano, Ben Davis — and the Colorado Orange Apple.

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

Published in Jude Schuenemeyer

Space shuttle Discovery: A proud achievement

It wasn’t too long ago that the American middle class was fresh from fighting a worldwide war that kept not only Americans, but people everywhere, free to live their lives without the jack-booted thugs of tyranny – the warlords of Germany and Japan – calling the shots. It cost us plenty – in lives and limbs, of course, but also in the money to fight it – taxes gladly paid by a nation that knew more than a little about sacrifice and the cost of freedom.

And soon after that conflict was decisively settled, it was the taxes and public education system of the American middle class, including, perhaps most importantly, the G.I. bill, that allowed millions of smart but poor returning vets to gain college degrees and develop skills that would cause the American economy to boom and our fledgling space program to thrive. And, in turn, for the U.S. to ultimately “win” the space race by landing men on the moon and building a permanent space station, along with our Russian rivals, a joint effort that played a large part in ending that strange phenomenon known as the Cold War.

So it was truly appropriate that on this year’s Tax Day, April 17, we could display to the world with great pride one of the most important and integral parts of that efforts to conquer space by flying the space shuttle Discovery around our nation’s capitol, Washington, D.C., to display it in flight one final time before coming to rest at the Smithsonian Museum as the star of its giant Aerospace wing.

The Discovery rode piggy-back on a giant 747 customized just for this purpose, and what a grand sight it was to see it circle our nation’s capitol, making a statement no politician ever could about what our country stands for, particularly its middle class – you know, we peons who keep the wheels of industry and commerce turning by showing up at work every day, paying our taxes and supporting our government through thick and thin, even if it may not have been the one we voted for and one that made decisions with which we may strongly disagree.

How cannot we all be bursting with pride for producing the men and women who brought us this great feat.

But let’s face it: None of this could have been accomplished without the public education system we’ve nurtured through the years, through times of trial such as the Great Depression and even the Civil War, or without a knowledgeable union labor force with the skills and talents to produce the hardware for this great adventure and, first and foremost, the taxes paid by a middle class, to support the effort.

No other nation, including the despotic Soviet Union, had the means and will to accomplish this. It took a free society willing to pay the price for “going where no man has gone before,” as they used to say in some old TV show, to accomplish this amazing feat.

So forgive me. as one of those peons who contributed in his own small way to make this happen, for having swelled with great pride as I watched the patched and worn shuttle circle the capitol of the greatest nation on earth (despite its many flaws that I occasionally point out).

My hat is off to what has been rightly dubbed “the greatest generation” that accomplished this feat in spite of the naysayers and faultfinders who opposed their efforts from the start.

Now if we can emulate them to a slight degree, put aside our petty differences, pay our bills even if it means raising taxes on those who can well afford it, rebuild our education system by fairly rewarding those who do that important work, and rebuild our crumbling infrastructure that has been too long neglected by politicians more interested in their own fortunes than the nation’s welfare, we can set newer, even higher goals and begin a new journey that will reap us all greater rewards.

This, of course, can only be accomplished if we disregard the fear-mongering of those political candidates who will do and say anything to get elected and have powerful interest groups such as the Koch brothers and ALEC behind them who want things to return to the days of no regulations on private industry, dirty water and polluted air, and times when advocates of the average working men and women were labeled socialists and communists who were trying to undermine our great democracy.

Sound familiar? But I’ll get into that can of worms in future articles.

For now, let’s just take a moment and feel good that our taxes – that’s yours and mine – contributed to one of the greatest endeavors we’ve yet achieved. And let it be an inspiration to accomplish even more.

Galen Larson writes from Montezuma County, Colo.

Published in Galen Larson

Gun power

On any given month, there is almost bound to be at least one mass shooting in the good old land of the Second Amendment. The latest of these – or maybe not by the time this is published – involved a rabbi and some kids at a school in Oakland, Calif., but it could have been, and eventually will be, anywhere and everywhere in the USA.

There are also, of course, one or two blastings by pistol or long gun that are sensational enough to deserve print and electronic homage because they involve a celebrity or unusual circumstances. Then there are several barely-worth-mentioning gang- and drug-related snuffings and many more plain old crimes of passion committed by jealous lovers and furious neighbors that are much too commonplace to bother to report except locally.

However, it is the mass shootings that draw the biggest audiences – the most press attention and mouth-and-eye-watering commentary on how awful prominent people – especially politicians – feel for the families of the victims. I’ll bet if you took a poll of Congress, you could not find one esteemed member that didn’t feel absolutely horrible that all these people had been gunned down. Many probably pray for them before slipping between their silk sheets.

The media attention generally is in direct proportion to the number slain, although other factors can account for the short-lived national attention as well (e.g., were they members of some peace-loving group such as the Amish?).

At any rate, when an unusually large number of victims gets involuntarily laid to rest, the event is covered on a continuous basis by the cable-news channels. Reporters endlessly repeat the latest tidbits about what is known to that point. Helicopters hover. Crowds watch from a respectful distance. Small memorials of flowers and other objects of sympathy are left.

Public officials hold “news conferences” to decry the “senseless shootings” while their flacks write longer, noncommittal statements for nice clean quotes in the press.

But the idea underlying it all must be that the killings make no sense and were clearly the work of deranged people. In other words, they couldn’t be helped because the shooter was so far beyond the realm of reason, no sane argument could have dissuaded him from acting as he did.

It was just one of those things.

One odd aspect of these mass shootings is how often they become lefty-righty political fodder, yet without any actual serious discussions about stricter gun control by federal legislators who could make it happen tomorrow. You know, those fat-assed pigs who feed from the federal trough in Washington while assuring constituents they are working themselves to the bone looking out for their welfare.

Yes, they could, by such simple measures as eliminating the sale of large-capacity magazines for semi-automatic weapons and/or the sale of such weapons themselves, prevent lots of deaths, and there are numerous other ways such “senseless” (ahem) deaths could be stopped as well.

But forget about it. None of this is ever going to happen.

Firearms regulation is, in reality, off the table in a nation where there are thousands of fatal shootings annually (far more per capita than in nations with reasonable controls), where there are a slew of police shootings with cop-killer bullets that penetrate Kevlar vests, where it is easier to buy a gun than to get a driver’s license, and where so-called movie “entertainment” often involves gun violence so graphic it is repulsive.

How things got this way and why they are likely to be unchanged is not hard to figure out. It amounts to billions, or trillions depending on how you want to count, being made by the guns-and-ammo trade, and the political cowards of both parties in our government whose elections are funded by these special-interest groups, who quietly go along with whatever legislation is written by these interests to protect, preserve and enhance their fortunes.

According to a recent editorial in the Idaho State Journal, the Ruger Corporation, which makes small, easily concealable handguns, saw its profits increase more than 800 percent from the sale of these weapons over the three-year period since 2008, when Obama was elected and the NRA and similar groups began broadcasting rumors that he was plotting to take everyone’s guns away. (Ruger also promised to donate $1 from each sale of these concealed-carry handguns to the NRA. A nice cozy relationship that benefits both.)

Industry-wide, there is an enormous amount of money made selling guns, ammunition and all the accoutrements – laser sights, quick-release concealed-carry holsters, special bullets that do this or that – the list is endless and manufacturers and importers are making a killing. (Pun intended.)

In fact, a gun is a simple tool, intended to do one thing only, and a reliable handgun should reasonably cost 50 bucks or so, about the same as a good electric drill or ratchet set. (And that’s all a gun is – a tool that can come in handy in certain situations, but not something that should become the center of a cult of worshippers more fanatic than those religious sects who wear baggy clothes and believe laughing is sinful.)

The industry employs front groups like the NRA to spread propaganda such as the aforementioned myth about Obama taking their guns away, so they better stock up now, and not just a handgun or two, mind you, but a whole arsenal with plenty of bullets, grenades, dynamite and some plastiques.

Radio talk-show nuts enthuse on a regular basis about how dag-nab much fun it is to go varmint-hunting (as Mitt Romney claims he did in one of the most pathetic “See, I’m just a regular guy” attempts ever recorded. It is worth a visit to YouTube.). Or to hunt “big game,” or wildcats, ducks or raccoons, all of which requires specialized equipment on which even more huge profits are made. The hosts — stoking the paranoia already rampant in our society — discuss in great detail the relative merits of the Glock over the Smith and Wesson or whatever, and how this or that bullet will stop in his fiendish tracks a 300-pounder coming at your wife, and how much safer you are with a gun, and how only a fool wouldn’t have one.

Many states recently passed “license to kill” (a more accurate name for “stand your ground”) laws allowing good citizens to shoot down someone who looks at them cross-eyed. These laws were pushed by a well-funded rightwing group known as ALEC, which most of us, including me, had never heard of until all the fuss about that pesky black boy shot down by a do-gooding neighborhood watchman, who thought the dark-skinned teenager seemed out of place in a gated community and ended up shooting him through the heart with the 9mm that he had a permit to carry. ALEC includes such national institutions as Walmart, which just happens to sell both guns and ammo.

Similar incidents of whites shooting what they believed to be suspicious darker-colored bipeds are rife throughout the Deep South and although it makes a few citizens uncomfortable, the consensus seems to be they were probably up to no good anyway.

Overall, those sorts of incidents, aside from increasing the personal fame and fortunes of activists like Al Sharpton and Jesse Jackson, do little to change the gun policies in a nation where there recently was not enough support in Congress to extend the ban on large-capacity assault rifles, nor to ban the oversized magazines used by mass killers to mow down dozens at a time – despite the specter of a former congresswoman turned mentally-impaired object of sympathy who was wounded by one of those loonies.

Look:

There are always going to be violenceprone nut cases.

There are always going to be slick-talking politicians who block any attempts to have the country adopt reasonable gun regulations.

And there are, apparently, always going to be sheep like us who keep re-electing these hypocritical, cynical bastards, every bit as mentally ill as the ones who commit the “senseless” shootings in the first place.

We can’t deny, after all, that the arms industry has been a great part of the economic recovery since Obama has been elected, making money hand over fist that will help him (indirectly and discreetly, of course) and the majority of Congress win re-election so they can wax eloquently on the next “senseless” mass shooting.

Maybe it’s time to update the old “duck and cover” grade-school instructional videos of the ‘50s, the one that were supposed to keep us safe from Soviet atomic bombs.

Only now it would be how to duck and cover when one of our own mad men cuts loose.

David Grant Long writes from Cortez, Colo.

Published in David Long, May 2012

A Ute tribe objects to a uranium mill’s license

Ute tribe challenges uranium-mill license renewal
But regulators dismiss the tribe’s concerns, saying White Mesa is following rules

Environmental safety standards at the White Mesa Uranium Mill in southeast Utah are inadequate, according to the Ute Mountain Ute Tribe, which has a reservation community nearby.

According to public documents, the Colorado- based tribe, headquartered in Towaoc, is challenging the mill’s Radioactive Materials License renewal application currently being evaluated by the Utah Division of Radiation Control.

The mill – the only operating uranium mill in the country – produces refined uranium that is eventually manufactured into fuel rods for nuclear power plants. It is owned by Denison Mines USA, based in Toronto, Canada, and is located on Highway 191 between Bluff and Blanding.

The Ute Mountain Ute Environmental Programs Department has submitted volumes of comments on the five-year license renewal, claiming Denison Mines needs tougher environmental regulations, and the aging plant needs upgrading to protect the health of local residents.

The tribe specifically wants better controls for dust and improved waste facilities at the 32-year-old plant to safeguard surface and ground water.

But Denison’s CEO and Utah regulators say the mill operates within regulatory standards and has a good track record.

A request for an interview with environmental officials at the tribe was declined because tribal leaders instructed staff not to speak to the media on the matter. But Utah public records on the licensing-renewal process of the White Mesa Mill, which is not on Ute Mountain land, reveal tribal concerns.

The tribe presents studies indicating radioactive material and heavy metals from the plant are contaminating springs and land relied on by the roughly 200 residents living in the reservation community of White Mesa. The town is about three miles south of the uranium mill, and community members utilize springs, graze livestock and harvest traditional native plants throughout the region.

“The community of White Mesa depends on groundwater resources . . . for its municipal and domestic needs,” wrote Ute Mountain attorneys H. Michael Keller and Celene Hawkins in the comments. “Tribal members continue traditional practices which include hunting and gathering and using land, plants, wildlife and water in ways that are integral to their culture.

“It is reasonable to expect that those resources are not contaminated with hazardous materials that have blown in the wind or traveled through the groundwater from facilities regulated by the Utah Department of Environmental Quality.”

But Denison Mines CEO Ron Hochstein told the Free Press the White Mesa Mill is safe and in compliance with regulatory standards and that opponents’ claims are unfounded.

“We have operated over 30 years without any environmental exceedance,” Hochstein said. “The data we have refutes their allegations. It is frustrating because people come out with opinions, but when you try to prove them, the information is usually pretty hard to find. “We take our safety obligations to our employees and all stakeholders in the area very seriously.”

Radioactive spring

However, a study conducted by the U.S. Geological Survey and published this year states that radioactive dust apparently carried by wind from ore-storage facilities, company ponds and transport trucks at the White Mesa mill is contaminating at least one local spring, three nearby drainages and area vegetation.

In its sampling of multiple sites, the USGS concludes that while most areas tested show uranium in the naturally-occurring range, uranium concentrations at Entrance Spring and other locations near the mill tested beyond the natural background levels.

According to the USGS report, “The uranium-234 to uranium-238 activity ratios measured in water samples collected at Entrance Spring . . . . indicate potential mixing of uranium ore with groundwater at the spring through eolian (wind carried) transport of small particles from ore-storage pads and uncovered ore trucks, with subsequent deposition in the Entrance Spring drainage, followed by dissolution in the unconfined groundwater.”

The study also reports that water samples from Entrance Spring contain elevated concentrations of selenium and vanadium, which like uranium is considered toxic to humans and animals.

Sediment samples from three ephemeral drainages, and plant tissues taken from land east of the plant, downwind of the predominant wind direction, also “contained uranium concentrations exceeding background values . . . indicating offsite transport,” according to the USGS report.

John Hultquist, radioactive-materials manager for the Utah Division of Radiation Control, told the Free Press the USGS report has caught their attention and is being reviewed.

“I think the USGS report will help us identify problem areas and move the licensee to get them cleaned up, to see where materials are coming from and figure out a way to get them back on site,” he said, adding that ore spilled on the entrance road has been cleaned up and transport trucks are required to be covered.

But there is disagreement over whether the source of hazardous materials is current operations, or so-called “legacy” operations from the 1960s and ’70s, when there were fewer regulations.

“Ore is only regulated once it enters the site, so it gets to the point of who is really responsible for ore from 50 years ago, before it was regulated by the Atomic Energy Act,” Hultquist said. “At this point we’re not sure anything is leaving the site, but you’ll get different opinions from different people on that.”

Hochstein said the USGS findings of contamination off-site are “not significant; they are just slightly higher than background levels, but no risk to human health.” He said nitrate contaminants and chloroform levels in the area are from mining activity from before the plant was built and migrate from another source than the mill.

The DRC points to White Mesa’s semi-annual effluent-monitoring reports that show the company is in compliance.

“I think they do a good job in keeping effluents from being released from the site,” Hultquist said. “The reports show they are usually at less than 10 percent of concentration limits set by federal rules, but there is always room for improvement.”

Blowing in the wind

In its comments, the tribe claims leak-detection systems on the waste-disposal cells need upgrading and are causing false readings. The situation leads to inaccurate results on hazardous-material discharges, according to an expert cited in the comments.

“The lack of a reliable monitoring system (Denison’s own study . . . predicts nominally 250 years for a leak to be detected by the monitoring wells) compounds the problem by giving false ‘negative’ results,” writes Mark E. Smith, president of RDD International Corp., a mining consulting firm.

As a condition for the new permit, the tribe wants ore-storage sites to be covered to prevent radioactive dust and heavy metals from blowing away and washing down drainages. The tribe claims a lack of regulatory oversight by the Utah Department of Air Quality and DRC in mitigating uranium-ore dust from storage pads, despite evidence by USGS of the threat to health and safety.

But DRC officials disagree. “At this point, covering the ore pads is not in the license, and part of that is that their effluent-release values from monitoring stations don’t show they are exceeding limits,” Hultquist said.

Last February, the DAQ dismissed the tribe’s concerns about the fugitive dust, saying DAQ lacked jurisdiction.

“In short the Final Air Approval Order appears to treat the White Mesa Mill fugitive dust as if it does not contain radioactive material,” states the tribe in its comments.

“The DRC’s apparent lack of knowledge of airborne vectors of contamination also leads the Tribe to the conclusion that there is currently a regulatory gap in the Department of Environmental Quality addressing air pollution at the White Mesa Mill facility.”

In response, Hultquist said the mill is “doing a good job watering down ore pads and avoiding wind-blown contaminants.”

Hochstein said ore-storage piles are much shorter in height now and the plant has a “very aggressive dust-control program. During windy days, everywhere is full of dust except near the mill because we are constantly watering everything down.”

‘A thin PVC liner’

The mill accepts uranium ore from mines on the Colorado Plateau, Uravan Belt and Arizona Strip. It also recently upgraded its system to accept “alternate feed” material. The company recycles this waste material from radioactive clean-up sites and squeezes out residual uranium.

“Otherwise it would have to be disposed of as waste,” Hochstein said. “The alternate feed is very sustainable because we are extracting uranium that you don’t have to mine; it is more efficient use of uranium that is already out of the ground.”

But it is the waste material left over by the acid-leach process that has tribal officials concerned. Uranium ore contains 1 percent actual uranium, and the excess material and lab wastes, containing concentrations of heavy metals toxic to the environment, are stored in several lined ponds called containment cells on the property.

According to tribal comments, those ponds’ liners are insufficient and outdated and have already been breached, contaminating monitoring wells and groundwater nearby.

Referring to Denison’s own studies, the tribe notes that in 2010, “DUSA [Denison] identified excessive levels of chloride, fluoride, uranium, cobalt, cadmium, molybdenum, nickel and manganese . . . in Monitoring Well 22. This contamination problem greatly concerns the Tribe, as Monitoring Well 22 is located south of the facility” near the White Mesa community.

RRD International Corp., a mining research group, concluded in a December 2011 report that the 30-mill-thick PVC liners at White Mesa are outdated and inadequate to prevent leakage from the waste-containment cells.

The report, part of the tribal record, states that the PVC liners are substantially weakened by acidic wastes associated with uranium milling and are inferior material compared to the industry standard.

“PVC geomembranes have limited tolerance of acidic (low pH) wastes . . losing 94% of the seam strength and 75% flexibility in as little as 2 months and are generally not recommended for such containments,” the report states. “Acids, solvents and other chemicals extract plasticizers, causing the geomembrane to become brittle, losing critical flexibility and therefore tolerance for settlement, movement of the wastes, planar and normal shear forces.

“Importantly, there is no collaborating data to support a thin PVC liner in an acidic environment for over 30 years. The mining industry has broadly avoided thin PVC geomembranes for acid tailings containment. Experience at White Mesa suggests that these liners have exceeded their useful life.”

The report adds that other mining-processing facilities have either abandoned or rebuilt containment ponds with PVC liners installed in the 1970s and ’80s.

‘Let it operate’

But Denison believes the liners are adequate, according to Hochstein, who points out the containment cells have not been out of compliance with Utah regulators. “We are always being inspected and are constantly monitoring everything. And it is all analyzed by an outside independent lab who then sends it to the state,” he said.

The tribe is pushing Utah regulators to impose a corrective action plan on the older containment cells as a condition of the renewed radioactive-materials license. The tribe wants two cells de-watered, capped and closed permanently, and another cleaned and fitted with a modern double-liner system of stronger material.

In its comments the tribe points to “strong evidence that the liners in Tailing Cells 1, 2 and 3 have passed their useful life . . . are currently leaking and that there is a risk of catastrophic liner failure in each of these cells.”

It notes that Denison chose a much more robust system (double 60-mil HDPE) for new tailing cells at White Mesa.

But regulators believe adjusting operating procedures helps prevent leakage from the containment cells. “When we lowered the water levels in the cells [to reduce pressure on the liners], it does not leak, so we feel OK to let it operate,” Hultquist said.

He added that the renewal permit is contingent on White Mesa submitting an updated reclamation plan that calls for vegetative caps on closed containment cells, similar to the mill site in Monticello, which was turned into a city park. No additional waste-disposal cells can be constructed until the new reclamation plan is approved, Hultquist said.

In addition to improved facilities and dust management, the tribe is also demanding improved leak-detection systems, stricter timelines for corrective actions with penalties for delays, improved storm-drainage design and monitoring, and a more environmentally secure final reclamation plan.

Cost of clean-up

As uranium mills age or close down, they go through a reclamation process that caps containment cells, cleans up wastes and secures tailing piles. The U.S. Department of Energy typically takes over management once the site has been reclaimed, which can take 10 years. To help pay for reclamation, companies put up a bond, but the tribe says that Denison’s proposed $18 million surety, increased from $16 million, is still too low.

In a benchmark analysis of similar mine reclamations, RDD concluded that a bond of $51 million would be more appropriate considering the large volume of tailings. The tribe’s expert reviewed closure costs for more than 110 mining areas worldwide, more than half of them uranium-tailing sites. RDD noted that comparable site closures include the cleanup of the uranium mill in Monticello, Utah, which cost $520 million, and Smelter Mountain in Durango, which cost $130 million. The average estimated cost for closure of a U.S. uranium mill is $107 million, considered an approximate cost for reclamation of the White Mesa Mill.

RDD estimated that total U.S. mining-closure liability is as much as $12 billion more than the bonded total.

In its comments, the tribe states that low reclamation bonds increase the chance that clean-up costs will be borne by the DOE and taxpayers, “and will allow DUSA to operate the White Mesa Mill facility in a manner that poses an increased threat to both the short-term and the longterm health and safety of Ute Mountain Ute Tribal members.”

DRC’s Hultquist insists the bond will not be lower than $18 million and may be higher.

A final decision on the radioactive-materials license renewal is expected this month.

In April, Energy Fuels announced a pending agreement to buy out Denison Mines Corp’s mining assets, including the White Mesa Mill, for $107 million. Energy Fuels, also Torontobased, is planning to build the Piñon Ridge uranium mill in Paradox Valley, Colo., but the project is being held up by a lawsuit by Sheep Mountain Alliance, a Telluride environmental group. (Free Press, Jan. 2012)

For more information see www.uraniumwatch.org/ whitemesamill and the Utah Division of Radiation Control website at www.radationcontrol.utah.gov.

Published in May 2012 Tagged ,

Free Press nabs 13 awards

Free Press nabs 13 awards The Four Corners Free Press captured 13 awards – five firsts, four seconds and four thirds – in the 2012 Society of Professional Journalists “Top of the Rockies” competition, which includes media in Colorado, Wyoming, Utah and New Mexico. Results were announced April 14. The awards were for work done in 2011.

In its category of newspapers under 10,000 circulation, the Free Press swept the awards in environmental general reporting and environmental feature-writing. Sonja Horoshko took first in the general-reporting category for “Living with uranium’s legacy” (June 2011), about the lingering impacts of uranium-mining on the Navajo reservation. She was followed by editor Gail Binkly with “Up a creek” (a two-part series about RS 2477 roads in August and September) at second place and Binkly at third place for “Changing direction.”

Anne Minard took first in environmental feature writing for “Beetle-mania” (May), an article about tamarisk beetles. Binkly was second in that category for “Return of the natives?” (July), about efforts to aid native fish in the Dolores River. Minard nabbed third with “Here comes the sun, or maybe not” (April) about obstacles to renewable energy.

Jim Mimiaga took first place in legal-affairs reporting with “When jurisdictions collide” (January) about the difficulties of enforcing state medical marijuana laws on tribal lands and federal jurisdictions such as national forests.

Binkly placed first in educational reporting with “Schools get their day in court” (October) about the Lobato school-funding trial.

Horoshko took first in business features with her depiction of the historic Ismay Trading Post, “A landmark in time” (November). She also took second in arts and entertainment features for “Bringing the outdoors to canvas” (January) about artist Keith Hutcheson.

Binkly and David Grant Long took third in general news reporting with an April article about the decision by the town of Bluff, Utah, not to develop a sewer system.

Katharhynn Heidelberg took second place for personal columns, and Binkly placed third in editorial-writing, both for a series of entries.

Some of the other newspapers competing in the same category were the Cortez Journal, Southern Ute Drum, South Platte Sentinel, New Mexico Business Weekly, Evergreen Newspapers and Law Week Colorado.

Published in May 2012

Hearing continued on changes to land-use code

The Montezuma County commissioners at press time appeared to be moving toward adopting amendments to the land-use code that would change the name of unzoned parcels, encourage landowners to voluntarily zone their property, and establish commercial and industrial “overlay” areas where business development would be encouraged.

On April 30, the board heard from five citizens who largely supported the amendments and two who opposed them, according to planning director Susan Carver. The board continued the hearing until Monday, May 7, at 2 p.m. in the commission meeting room in the county courthouse.

Under the county’s current system of zoning, called Landowner-Initiated Zoning, property owners were supposed to zone their own properties within parameters established by the size of the parcel. People who wanted potentially controversial zoning, such as commercial-industrial or high-density residential, were supposed to go through a public hearing.

However, there was some confusion about the process and about the meaning of choosing to remain unzoned, something roughly half of landowners choose to do.

To clarify that, one of the proposed changes would eliminate the term “unzoned” and replace it with “historic use zone” to clarify that people who don’t sign up for a category must continue with their current use — defined as the use that existed, without interruption or expansion, on July 20, 1998, when the code was adopted — unless they receive county permission to change it.

Landowners who select a zoning designation actually have more uses by right than those who don’t, Carver said. There are 14 primary or accessory uses by right in agricultural zoning categories and 14 in residential categories, so if someone is zoned ag-residential, “you have 28 land-use opportunities that are uses by right,” she said.

The proposed amendments would set a new sign-up period for landowners to be rezoned for the actual size and use of their parcel. The zones would be affirmed at a blanket hearing before the board. The $500 rezoning fee would be waived for those who take this option, Carver said.

Owners of parcels currently zoned as “unzoned” may choose from a list of zoning categories which are based on parcel size. Larger parcel sizes have more zoning choices.

Someone who wants a zoning designation that involves a change in current use, such as going from agricultural to a residential subdivision, would have to go through the regular zoning process instead and have an individual public hearing.

The proposed changes would also give commissioners the right to establish commercial and industrial “overlays” – areas where such development would be encouraged through incentives such as tax breaks or reduced fees. The actual overlay areas would not be designated at this time.

Carver said she hopes a master zoning plan for the county can be finalized by October of this year. She said there will be public meetings in each of eight districts in the county to educate citizens about the process and the choices they have regarding zoning.

Published in May 2012 Tagged

Navajos protest a proposed water-rights settlement

WATER RIGHTS SETTLEMENT PROTEST

Protesters express concern over a proposed Navajo water rights settlement and other issues during a march in Flagstaff, Ariz., on April 28. Cover photo by Frankie Rivera of Taala Hooghan Indigenous Established Infoshop

In the arid Southwest, Bila gáána (non-Indians) say, “Water is gold.” Navajos say, “Water is sacred, Tó eí ’iiná ’áté, Water is life.”

But water has always been scarce on the 27,000-square-mile Navajo reservation, where an estimated 40 to 50 percent of the people live without safe drinking water, indoor plumbing or the infrastructure to deliver water for residential, municipal or industrial development.

Much of the existing water is contaminated by past uraniummining and milling, abandoned mines and other current corporate operations such as Peabody Coal.

Settlements to establish Navajo water rights and bring water to the reservation have been years in the making, and advocates of the proposed Navajo-Hopi Little Colorado River Water Rights Settlement Agreement, recently introduced into the U.S. Senate, say it would resolve the issues and provide the tribe clean water at last.

The settlement is an agreement between all parties claiming use of the water in the Little Colorado River Basin. It must be approved by 30 entities, including both the Navajo and Hopi tribal councils.

Navajo Nation President Ben Shelley issued a statement on April 30 affirming his support of the settlement. But he added the caveat that it is now up to the Navajo Nation Council – 24 delegates representing all 110 Navajo chapters – to pass legislation that supports the bill.

The settlement has many critics who say it was rushed and the process was too hidden and secretive. Shelley has been greeted in recent appearances with placards and angry citizens calling him a traitor.

‘A stereotype’

U.S. indigenous tribal water rights are governed by federal law and the 1908 Winters Doctrine, which states that when the federal government established an Indian reservation, the government implicitly reserved a quantity of water necessary to fulfill the purposes of the reservation, and that the priority of all reserved rights dates back to the establishment of the reservation. On Feb. 14, Arizona Sen. Jon Kyl (R) created a furor when he introduced the waterrights settlement act, SB 2109.

Displayed behind him as he spoke was a photograph of a Navajo family working around a horse-drawn wagon at a watering point filling 55-gallon barrels with drinking water. He described the photo as current, taken in 2011, but Marshall Johnson, cofounder of the grassroots group Tó Nizhoni Ani (Beautiful Water Speaks), describes the photo as a stereotype.

“He brought in an old picture that was mid-1900,” Johnson said on a Progressive Radio Network podcast, “as if we are still hauling our water in that manner. We do continue to haul water today, but in half-ton pick-ups and trailer beds.”

Kyl in his remarks said, “…this daily activity limits economic-development opportunities and perpetuates the cycle of poverty. Legally, the tribes may assert claims to larger amounts of water, but as seen here, they do not have the means to make use of those supplies in a safe and productive manner.”

Many Navajos found the final comment insulting, an implication they haven’t progressed enough to develop industrial, municipal, and agricultural uses for the water and aren’t vested enough to build the infrastructure to deliver water to their communities. Critics also said the remarks reflect the tone of Western “use it or lose it” water law, which strongly favors parties that have already put water to “beneficial use” in agriculture, landdevelopment projects and power plants.

Protest movement erupts

Uploaded on YouTube, Kyl’s introduction flew across social network platforms to Native activist sites including Black Mesa Water Coalition, Diné CARES, and Tó Nizhoni Ani.

WATER RIGHTS FORUM

Max Goldtooth, former Tuba City Chapter president for the Navajo Nation, addresses President Ben Shelley and Navajo water commissioners at the first of seven forums about the proposed Navajo-Hopi Little Colorado River Water Rights Settlement Agreement on April 17 in Tuba City, Ariz.

Very little official information was released from the Navajo central government until President Shelley’s office suddenly announced an April 5 meeting in Tuba City, Ariz., called by Kyl and fellow Arizona Sen. John McCain (R) to discuss the settlement, just a few days in advance of that date.

The meeting was closed to the public and media, prompting even more outrage. Shelley was caught off guard by the opposition he faced.

He had intended to address the people in a parking lot after the meeting, but demonstrators carrying signs reading “Kill the Bill,” “Water is my Future,” and “Doo Da [no] SB 2109,” thronged around him and McCain as they headed for their vehicles.

Shelley could not calm the crowd. He reprimanded them, admonished them, turned his back, then came back to the microphone, shaking his finger and pleading with them to, “Hush up and listen!” like an angry father.

Outta Your Backpack Media was there for Shelley’s debut YouTube moment, which helped the SB 2109 protest go viral.

“It was a monumental time for the people,” said Don Yellowman, executive director of Forgotten Navajo People.

“We had only two days to organize, to be present. Still, so many turned out due to the collective effort of a coalition of grassroots organizations.

“It is not one group, but many working together. It represents a change in the Navajo people.”

Hasty introduction

Uncontaminated water is a rare commodity on the rez. One place it is found is the N-aquifer beneath Black Mesa in northern Arizona. The pristine water is pumped up to wash the coal produced by Peabody and used by the Navajo Generating Station power plant in Page, Ariz.

The settlement provides the tribes the right to use water from the mainstream Little Colorado River, capture water from washes in the Little Colorado basin, use unlimited water from the N-aquifer as well as the Caquifer (near Leupp, Ariz.) and all other waters from aquifers and alluviums. However, it is noted that the surface waters are difficult to capture. It provides for two federally funded pipeline projects, Leupp-Dilkon ($125.6 million) and Ganado Regional ($73.4 million) to bring water to 15 chapters of the Navajo Nation.

Additionally, a protective six-mile boundary extends outside the reservation border near Leupp. It is intended to protect water in the C-aquifer from new drilling by non- Indians. The settlement recognizes historic Navajo irrigation along the Little Colorado, permits the Navajo Nation (and only the Navajo Nation) to construct new reservoirs, and does not include a settlement of the nation’s Colorado River claims. Non-Indians are not allowed any new surface-water irrigation or reservoirs upstream of the Navajo Nation.

An N-aquifer management plan limits both the Navajo and Hopi tribes to no more than 2,000 acre-feet annual industrial use from the confined portion of the aquifer.

A provision also reserves Colorado River water for a future pipeline to serve chapters in the Western Agency near Grand Canyon and Flagstaff. The Western Pipeline was included in the former 2010 settlement passed at that time by the 21st Navajo Council.

It has been removed from the 2012 settlement and is not included in SB 2109.

The current SB 2109 includes provisions to provide the Navajo Generating Station and Peabody Coal continuing use of the water needed to extend their leases to 2044.

Critics of the settlement were quick to react to the fact that Kyl rushed to introduce SB 2109 on Feb. 14, the state of Arizona’s centennial, and said it was “propitious as the state of Arizona celebrates its centennial with the opportunity to resolve significant water issues for the Navajo/Hopi tribes and water users throughout the Southwest.”

Most Navajo and Hopi people had not been informed about the settlement prior to the introduction of the bill. That resulted in charges that the president, water commission and tribal attorneys had conducted an opaque negotiations process that had locked the people out.

Also, they were not consulted about planning for their own water needs for future economic development.

The settlement contains language saying the tribes “waive priority water rights to the surface waters of the Little Colorado River from time immemorial and thereafter, forever” – language that worries citizens.

The strongest criticisms are of the links to NGS and Peabody, and that the water flowing out of the reservation will be used to supply demand in urban areas in southern California and Arizona.

If the settlement does not pass the tribal councils, then the pending lawsuits over water claims will be litigated in Arizona court. The resulting decision could be years in coming and might bring only “paper” water rights, not necessarily the right to use all the water in the Little Colorado basin.

‘Huge quantities of water’

But supporters of the settlement say it is a fair compromise.

In a telephone interview, Stanley Pollack, assistant attorney general with the Water Rights Unit of the Navajo Nation Department of Justice, said, “Senator Kyl’s introduction in Congress was premature because the settlement had not been approved by the tribal councils, and the language used in the settlement was wrong.

“We advised non-Indian parties on the issue of language, but they chose to keep it in. If I were a layperson looking at that, I think I’d come up with the same [negative] opinion,” he said

“But we are not giving these rights away. We are resolving claims. Navajo/Hopi [nations] get all the water falling on the Little Colorado basin, arising from it, that is under it, unconditionally – all the water, including Blue Springs, near Cameron. It is not quantified because there are not limits. Navajo/ Hopi get it all.

“And it also prohibits all non-Indians from building any reservoirs at all. No new non-Navajo surface-water use off of Navajo land for irrigation. They cannot get more.”

Navajos get 160,000 acre-feet per year, non-Indians get 60,000 acre-feet per year, he said, “which is recognizing the right to use more than twice what everybody else is using combined.”

He added, “We are eager to let the people know there are huge quantities of water in the settlement for them.”

By far the biggest sticking point in SB 2109 for Navajo activists is the inclusion of the Navajo Generating Station and Peabody Coal lease extensions until 2044, giving the corporations rights to use water from the Naquifer for fees so low most call it free.

“NGS and Peabody will not stop the settlement,” Pollack said. “They are in the legislation, but not in the settlement. If the Navajos say no to the leases, then we don’t get the Colorado River water for the Navajo- Gallup pipeline [already funded and being built in the Eastern Agency], but we still have our settlement.”

Police presence

Shelley held seven public forums in chapters directly affected by the settlement. For the first forum in Tuba City on Feb. 17, Shelley ordered a large police presence, including a SWAT team on the roof nearby. Police patrolled the gates at the edge of the sidewalk to the building, allowing no placards or protest images on clothing inside the building, and kept the crowd in a line while they went through a security wand check at the entrance.

Max Goldtooth, former Tuba City Chapter president, told the Free Press it was an absurd show of strength, “as if they’re the tough guys,” he said.

It was clear that the tenor of the meeting was not positive.

Several speakers told their president he should not treat his own people with such disrespect, that the extreme security was unnecessary.

At one point Shelley addressed the crowd, asking for forgiveness for his behavior April 5. “I apologize,” he said, “I am a human, too.”

Numerous critics at the forum raised concerns about the urgency of the legislative process and the opaque settlement negotiations. They also said corporations are not Navajo people and should not be included in SB 2109 as if they have rights to Navajo water.

People also expressed alarm about the requirement that they waive future claims to Little Colorado water usage, suggesting that it deconstructs the Winters Doctrine.

After the next six forums, reports circulated on activist sites showing the same high security at each. Grandmothers and grandfathers waited in line, youths were not allowed to speak and the majority of speakers were shut down before they could finish. Most people voiced opposition to the settlement.

Yellowman said, “We don’t want the U.S. or Navajo Nation central government telling us what they’ll do for the people, but to sit with us as partners. We can help our government and that can lead to a big partnership, a fair exchange of concerns and ideas. The forums have been very disappointing.”

Sitting down together

Walter Phelps, council delegate for five chapters in the Western Agency, told the Free Press after the Leupp forum, “When I was a member of the public, not an elected official, I was very uncomfortable with the legislation the 21st Council passed in 2010. It passed and yet Kyl didn’t even try to push it in Congress. I think he could have gotten funding, even for the Western Pipeline.

“Now, in this 2012 version, the pipeline isn’t in there, even though the water is reserved for it from the Colorado River, but the Navajo Generating Station language is now in SB 2109 and that is not favorable to me.”

Activist and college graduate Nikke Alex said the settlement “blackmails our government with the extended leases until 2044 and threatening that if Navajo won’t sign the settlement the government won’t fund the 350-million-dollar infrastructures. A baseball team costs more than that!”

Water is sacred, she says, “It has rights, too – not to be contaminated; to be used conscientiously, not for golf courses and swimming pools in Phoenix and Las Vegas. Ninety-five percent of the power produced at NGS is used to push the water through the Central Arizona Project out of Lake Havasu to Tucson through an uncovered canal, evaporating in the desert.”

The next Navajo Nation Council Session is in July. Addressing the issue before then requires a special session, according to Phelps, and, as of press time, “there has not been a delegate step up to sponsor the legislation.”

“Now is the time for activists, government officials, elders, youth, anger and peace to sit together, find a way through this, “ said Cameron Chapter President Ed Singer.

“The activists bring the missing vitality of research skills, and connectivity, and now we have enough to decide what we will or won’t, honestly can and can’t do about our waters.”

Published in May 2012

McClellan calls for progress, commerce

CASEY MCCLELLANAs a developer, he sees too many hurdles to new business and industry

Related: For Findley, once is not enough

If Montezuma County wants economic development, people need to get past the “not in my backyard” attitude and embrace different types of industry.

That’s the belief of Casey McClellan, a Republican candidate for county commissioner in District 3 (the Mancos area). He is facing Dewayne Findley in the June 26 primary.

“The last three years have been the toughest years economically for me ever, and I’m sure it’s no different for millions of other people,” he said. “It’s just tough to make it right now. What is frustrating for me is, I feel our rules and regulations and interpretation of the land-use code and our not-in-my-backyard attitude – they all contribute to the lack of economic growth in Montezuma County.”

As examples, McClellan – a developer who owns the real-estate company Timberline Properties and the sand and gravel company McStone Aggregates – cited two of his projects. In 2008, he sought a high-impact permit for a gravel pit, concrete batch plant and asphalt plant on the north side of Highway 160 just west of Mancos.

“The gravel pit would have had the greatest impact [on neighbors], but it was approved and the other two were denied [by the county commissioners], and right over the fence, another company got an asphalt plant approved,” he said. “I’m still scratching my head.”

The other example is a storage, treatment and recycling facility for energy exploration and production (E&P) wastes he had proposed on 83 acres of a larger tract he owns near Hovenweep National Monument. The proposal created a furor among neighbors who worried about health and environmental impacts, and in 2009 the commissioners rejected it 2-1. Mc- Clellan sued the county over the rejection, but courts upheld the board’s decision.

“That was a tough one to lose,” McClellan said. “There weren’t going to be [environmental] problems. It was a good clean green project and a lot of people came out in opposition because they didn’t want it around them.”

After the denial, McClellan got approval to build the facility in Dolores County. “We had overwhelming support. There weren’t four people in Dolores County that weren’t for it. But it wasn’t a better location, it was just that Dolores County is open to anything and didn’t feel there would be problems.”

He emphasized that he doesn’t have a chip on his shoulder because of the denials. “I just want to make the point that I know firsthand how difficult it is to make something happen in Montezuma County. As a commissioner I would take a more progressive and open-minded approach to growth and business development.”

McClellan believes many locals oppose development because they don’t want residential growth. “When I was working on permitting that pit in Mancos, a guy told me that growth should have stopped 20 years ago when he couldn’t see another house from his home.”

McClellan doesn’t share that view. “I wouldn’t try to prevent anybody from coming into the county.”

At a recent meeting of the local 9-12 Project, he was asked if he would have a “proactive open-minded approach to progress.” He said he would be open to any proposal. “If somebody wanted to build a hydrochloric-acid-manufacturing plant and put it on a barge in McPhee, I’d say, ‘Let’s see it’.”

McClellan served a year on the board of the Montezuma County Economic Development Association, a private group, but found it frustrating, particularly when he learned some members opposed his E&P waste-recycling facility. “Not one of those people had asked me to explain my project, and when I tried to talk about it, one guy got up and walked out of the board meeting. An economic development board like that is a roadblock to economic development.”

McClellan said he would particularly like to see oil and gas production expand locally. “If there was one thing that could turn our local economy around faster, that would be it.”

Low natural-gas prices have been a major factor in slowing gas exploration in the area, but McClellan also blames Colorado’s strict energy regulations and the BLM’s process for scrutinizing drilling permits on Canyons of the Ancients National Monument.

“It’s not been easy for [carbon-dioxide producer] Kinder Morgan to obtain drilling permits in the monument,” he said. “Before it was a national monument it might have taken three to six months.” The process now can take years, although BLM officials say most of the monument is leased for drilling and new permits are regularly approved.

McClellan describes himself as a conservative Republican and a strong believer in personal property rights. He regularly attends meetings of the local 9-12 Project/Tea Party and says “they’ve got great principles and values.” He is the nephew of the only female commissioner the county has had so far, Helen McClellan, a Democrat. “Political views don’t always run in the family,” he said with a laugh.

A former member of the county planning commission, he is a member of the Southwest Public Lands Commission, an alternate on the countyappointed Public Lands Coordination Commission, and a founding member of Timberline Trail Riders (a recreation-access advocacy group).

“After being on all these boards, I recognize that you can accomplish more for the county as a commissioner,” he said. “A lot of other groups exist out of being frustrated with county commissioners.”

McClellan came late to the commission race, though he has considered a run for years. Last year he ruled out a bid because his businesses were struggling and he was going through a divorce. However, his former wife gave him her endorsement and said she’d campaign for him, so he agreed to let himself be nominated at the Republican county assembly. He received enough votes to make it onto the ballot, along with Findley.

He said he likes the current commissioners but believes they should take a “stronger position against road closures on public lands.” The 9-12 Project has been vocal in opposing the closing of roads to motorized access, although Forest Service officials say most road closures involve old logging routes or user-created trails that weren’t supposed to be permanent roads.

McClellan praised the current commissioners for moving to amend the land-use code to encourage landowners to zone their property, and to change the category called “unzoned” to “historic zoning” to clarify that no tracts are without zoning entirely. “I like the direction it appears the commissioners are going with that,” he said.

If elected, McClellan plans to continue running his businesses and said he doesn’t believe that will cause problems. If he has a development proposal before the county, he said he would recuse himself from any votes on it, and if the other two commissioners split on his proposal, it wouldn’t move forward. “Whatever I need to do [about getting permits], I’d like to do this year, so it doesn’t become an issue anyway,” he said.

McClellan said he doesn’t see the need for full-time commissioners, something that a possible unaffiliated rival in the general election, Greg Kemp, has called for. “I am busy, and I do get myself involved in an awful lot of things. That’s just me. I can’t stop myself if it’s something I’m passionate about.

“I don’t see the necessity of a commissioner devoting 100 percent of his time to that. They only meet on Monday. I guess I disagree with Greg’s statement.”

He recently hired a friend to help with his businesses, and said he was always able to find time to be well-prepared during his 3 1/2 years on the planning commission.

If elected, he said, he will work to make sure people’s rights to develop their property as they see fit are upheld, within modest limits. The county has every right to step in if something is creating noise or smells that are above thresholds, he said, but such instances are rare. “Rules are in place to protect the health, safety and welfare of the community, but I don’t believe there are many instances where that is even required.”

He said he supports the U.S. and state constitutions. “Their purpose is to protect our life, liberty and pursuit of happiness, and a significant piece of that is personal property rights.”

Published in May 2012

For Findley, once is not enough

The former commissioner says if elected, he’ll focus on public lands, zoning

DEWAYNE FINDLEYRelated: McClellan calls for progress, commerce

Dewayne Findley admits that losing a primary election to Steve Chappell in 2006 was a blow. Findley, the incumbent county commissioner in District 1 (Dolores), believed he had done a good job in his first term.

Now, having moved into District 3 (Mancos), Findley is trying to get back on the board and finish some of the work he feels he left undone. He says if he wins his primary against Casey McClellan, and the general election against two unaffiliated candidates, he’ll be happy to work with Chappell, now in his second term, whom he considers a friend.

Findley decided to run despite his wife’s initial concerns about his health. He has had five blocked arteries and a bad heart valve, he said, but all have been fixed. “I told Mary Ann, ‘If I can survive losing, I can survive serving’.”

As a former commissioner, Findley clearly has the edge in experience over his opponents. He served nine years on the Southwest Transportation Planning Region board (seven as chair) and is currently on the executive committee for the Region 9 Economic Development board, the Dolores Fire Protection board, the Dolores Community Center board and the board of Dolores State Bank. Findley, co-owner of Aspen Wallwood, also serves on the Colorado Timber Industry Association board.

Among the issues the county faces, land use and zoning are high on the list. Findley said he is concerned that the land-use code is becoming cumbersome.

“They’ve added quite a bit to the code since I was dealing with it and I’m not sure that’s the direction we want to be moving in, but they reacted to some unfavorable court decisions,” he said. “Maybe we should take one regulation away every time we add one.”

The commissioners recently moved to amend the code to provide incentives to unzoned landowners to choose a zoning category. Findley said he likes the approach of incentives rather than mandates.

Findley served with two of the current commissioners, Gerald Koppenhafer and Larrie Rule. Although he said he doesn’t want to “look over these commissioners’ shoulders,” he did say they have done a good job handling the budget, and that they acted wisely in making the courthouse more energy-efficient and buying the former First National Bank building to give more space to the cramped court system.

However, he faulted the commissioners for being caught off guard by changes in travel management on national forests in the area. “The one issue they really stubbed their toe on, and I think they would be the first ones to tell you this, is travel management,” he said. “They let that thing get beyond them before they got engaged.”

When Forest Service officials proposed a new travel plan for the Boggy-Glade area north of Dolores that eliminated motorized game retrieval for hunters and closed some 60 miles of roads (most of them dirt two-tracks that were old logging routes or user-created roads), it proved enormously controversial.

Montezuma County submitted no comments during the public-comment period for the plan, and thus lacked standing to appeal the subsequent decision, but was able to join with Dolores County, which had sent comments. “Thank goodness for Dolores County, because we were able to jump in on their coat tails,” Findley said.

The plan was eventually overturned on an environmental appeal for having too many roads, and in the newer version, forest officials – after lengthy talks with commissioners for both counties – have proposed restoring motorized game retrieval in some areas.

Findley said he would have stayed better abreast of the issues. “Once it hits the front page of the newspaper, your opportunities are limited.”

Findley has dealt with publiclands agencies for many years because of his business, which utilizes aspen, and has served on the Public Lands Coordination Commission, which was appointed by the commissioners in 2011. “Taking on the Forest Service and BLM is like eating an elephant,” he said. “You start with a few bites, but it’s challenging.

“You do have some opportunities to influence those processes, but I believe you have to pick your battles. You can’t use all the county’s resources to fight something you’re not going to win.”

Findley said there was some difference of opinion among the current commissioners over whether to go to court over road issues. So far they have not chosen that route, which can be long and expensive. San Juan County, Utah, for instance, has spent more than $1 million to try to prove an RS 2477 claim (a statute involving old roads across public lands) on a single road and has yet to win.

“I would have to look long and hard at the issue first and the opportunities for success before I go down that road,” Findley said. “You don’t generally win court battles with federal agencies.”

But while he believes in having a good relationship with the agencies and trying to work out problems, that doesn’t mean he would “cave in” to them, he said. “I would never do that.”

Findley praised Bob Slough, the longtime attorney for the Montezuma County commission, for his work through the years. Slough was instrumental in the county’s ultimately winning a battle with the Mesa Verde concessionaire in the 1990s that resulted in a state Supreme Court ruling that changed property taxation throughout Colorado. “He has a wealth of knowledge,” Findley said. “He’s one of the most erudite constitutional scholars I have ever been around. He lives and breathes the Constitution.”

In addition to land-use planning, roads and public lands, the board will face the issue of economic development, he said, but the commissioners are limited in what they can do. “If you do a tax incentive [for one particular company] then you’ve done a disservice to the taxpayers [who make up the difference],” he said.

“If we can streamline the high-impactpermitting and commercial-industrial permitting, we can cut some time out of the process to help business, and I’d like to take a hard look at that.”

He also favors the commission’s idea of creating commercial-industrial “overlay” areas where such development would be encouraged. “That’s what our state highway systems are for. Let’s incentivize people to locate there.”

Findley – often described as the “moderate” in the primary race – said he is in fact “deeply conservative” but that he recognizes there are many shades of gray in county issues. “Perhaps I got the ‘moderate’ tag because I’m willing to listen to anyone’s point of view,” he said.

“The challenge of being a commissioner is you have 25,000 people in the county. There might be 50 in the room on a particular issue, 25 on one side and 25 on the other, and you’d give your left lung to know what the others were thinking.

“I’m a black-and-white sort of guy, but being a commissioner does not fit blackand- white thinking.”

Findley said he “never once made a decision as a commissioner because it was politically expedient for me.”

He said the job is very time-consuming and while it may not be necessary for it to be a full-time position, “anybody that goes into this thinking they’re only going to be there a few hours on Monday probably shouldn’t be doing this job.” When he served, he said, he put 20 to 25 hours a week into the post.

If elected, he said, he will do his best to represent the interests of the entire county.

“You don’t sit as a Republican commissioner or a Democratic commissioner, but a Montezuma County commissioner, and it doesn’t matter whether someone voted for you or not. You need to be prepared to represent all of Montezuma County.”

Published in May 2012

Is Kinder Morgan a good neighbor?

Kinder Morgan plans major expansion
But some neighbors in Dolores County say noise and odors are problems

When Earl Wenger and Cindy Tout bought their rural home in Cahone, Colo., in 1990, there was nothing across the road behind their home but an alfalfa field.

“We used to sit out back and have bonfires and picnics,” recalled Tout recently. “Now we hardly use the back porch.”

Earl Wenger sits in the back yard of his rural Cahone, Colo., home, with Kinder Morgan’s Doe Canyon compressor station in the background less than 300 yards away. Wenger and his wife, Cindy Tout, are the closest neighbors to the plant and say they have suffered for years because of emissions, noise and vibration from the facility. Photo by Gail Binkly

The field was then owned by Shell Western E&P, a carbon-dioxide production company that was subsequently bought out by Kinder Morgan. In 2006 Kinder Morgan announced plans to build a compressor station on that tract.

Just three people showed up for a county public hearing about the proposal, according to Wenger. Kinder Morgan officials said there would be no odor from the plant and noise would be well below 40 decibels at the couple’s home, less than 300 yards away.

The station came online in January 2008. “We have had a problem with noise and odor ever since,” said Tout.

The couple are the closest neighbors to the facility. There are about 22 homes within a mile radius, she said.

The noise is a rumbling that continues around the clock, she said, produced by the 5,000-horsepower compressor and the giant fans used to cool it. The fans are variables peed, so the pitch of the rumbling varies, but it is continuous.

The odors likewise vary and have included a sulfur stench and a bleach odor.

“There’s no peace of mind when you go out to have a cup of coffee in the morning,” said Wenger. “The noise is 24/7. They shut that plant down maybe three times a year.”

They complained about the sound soon after the compressor station started operating. A year later, Kinder Morgan built a sound wall. “Then our house started vibrating,” Tout said.

The vibration is slight, but can be noticed in water glasses sitting on tables in their home. Tout and Wenger have been remodeling over the years, but some of their new drywall is cracking. They poured a concrete floor in their basement; it is now cracked. An engineer they hired found, after a preliminary investigation, that their problems with noise, vibration, and air contaminants “appear to be directly related to operations of the KM plant.”

In the past four years they have been experiencing headaches, nose bleeds and sore throats that they believe are related to emissions from the plant.

“We can’t keep our windows open in the summer,” Tout said.

Expansion plans

Now, Kinder Morgan plans to expand the compressor station, known as the Doe Canyon facility, to increase capacity from the current 100 million cubic feet of CO2 per day to 170 million cf/day.

The $255 million expansion would bring an additional $900,000 to $1.6 million in property-tax revenues to Dolores County annually, company officials estimate.

At a 3 ½-hour public hearing April 16 before the county commissioners, Kinder Morgan was called both a good neighbor and a bad one that didn’t care about residents’ concerns until it sought approval for the expansion.

Company officials bristled at those accusations, and one in turn accused neighbors of being greedy, interested mainly in compensation for their alleged problems.

In the end, the Dolores County commissioners gave their unanimous approval to the expansion, which will include:

• Expanding the existing building to house a new 5,000-hp compressor.

• Adding a new building to house two centrifugal compressors to help pull additional gas from wells, plus cooling fans and other equipment.

• Construction of a cluster building for well control. Two tanks outside would hold produced water created by CO2 production and a chemical that is injected into the flow line.

• Twenty-eight additional fans, bringing the total to 44.

The prospect has Wenger and Tout, and some other neighbors in the area, dismayed. But officials with Kinder Morgan say the expansion will include improvements that should greatly reduce impacts to neighbors, such as:

• A vapor-recovery system that will collect all emissions and bring them into the product stream so there would be no emissions.

• The latest technology to reduce noise, including a better sound-retention wall.

• Downcast lighting on all outdoor lights.

As part of its effort to boost production to meet increasing demand, Kinder Morgan is also drilling three new CO2 wells and reentering an old well, and estimates drilling some two more wells per year in Dolores County up to a total of 16.

Nothing wrong with profit

At the hearing, several citizens urged the commissioners to delay approval in order to learn the results of planned emissions testing at the plant and get a better handle on the issues involved.

“We’re not here trying to get the plant shut down, nor are we trying to shut off the flow of dollars to Dolores County,” said Linda McCart, who lives some 3 miles from the facility. She said this is “by far the largest individual development that has ever been undertaken in the history of Dolores County” and urged the board to move cautiously. She said Kinder Morgan has had over four years to solve problems at the existing facility but had not done so.

“If they can’t solve problems with the existing plant in that amount of time why should we assume they will be able to solve them now?”

She said the plant should never have been approved at its location because the two nearest homes, including Wenger and Tout’s, were built long before it was.

“I would love nothing more than to walk up to a Kinder Morgan picnic three years from now and say you’ve been good neighbors. Unfortunately I can’t say it right now,” McCart said.

McCart’s husband, Dave, said he is not concerned just about smells but their possible health effects. Sometimes he and his wife wake at 2 or 3 a.m. with swollen throats and can hardly talk, he said. When there is an east breeze and a slight inversion there is a smell throughout the valley, he said. “Hopefully this vapor-recovery does stop that. I’m not trying to stop the plant, I just want it to be healthy.”

“I feel it is our duty to be constantly vigilant in asking questions of corporations when they come to develop resources in our area,” said Michele Martz, another local resident. “As a corporation there is only one thing that really matters in the end and that is the bottom line – how much value does their stock hold.”

But company officials rejected such accusations and said they have worked consistently to make things better for the plant’s neighbors.

Kinder Morgan’s Jeff Layne, manager of engineering based in Houston, said he “hopes it’s very obvious that Kinder Morgan goes out of our way to be a good neighbor here.”

He said some of the neighbors seem to be motivated by “greed” and mainly interested in compensation or having the company buy their homes. As a licensed attorney and a former trial lawyer, he said, “I know it when I see it, and quite frankly I think sometimes we have been a little too quiet and don’t point things out when we get attacked.”

He added, “There’s nothing wrong with making a profit in the United States of America.”

Allen Fore, a Chicago- based company spokesman, said the accusations hurt. He reminded the audience that Kinder Morgan has invested hundreds of millions of dollars in Dolores County.

“I assure you most of the residents of Dolores County support this facility, as was shown with the [March 6] planning-commission meeting. We could have had a hundred letters about how this was good for this county. We’re a good company that’s doing good work here and across the state of Colorado.”

Local Kinder Morgan spokesman Bob Clayton said the facility has always been within noise and odor thresholds set by the state. “We are well within all regulatory requirements,” he said, adding that the presence of a slight odor doesn’t mean there is a health issue involved.

He said officials with the Colorado Department of Public Health and Environment had made an unannounced visit the week prior because of an odor complaint and found only a slight, inoffensive odor that “smelled like fertilizer.”

“The state did not issue any kind of odor violation,” he said.

Clayton also said a 120-day sound inspection set up by the commissioners has so far found that the plant is below the state standard of 55 decibels during the day and 50 at night.

Clayton said the company has been accused of conspiring with the state to get advance notice of visits and biased testing, but that was “a ridiculous statement.”

Mike Leonard, a field inspection supervisor with the Colorado Oil and Gas Conservation Commission, testified that there was a noise complaint in 2010 but that an inspection found Kinder Morgan to be in compliance. Leonard said he had checked sound levels the night before the public hearing and found them at 48 decibels at 350 feet, falling within limits.

He said vibration – another complaint of neighbors – is not regulated by the COGCC.

Don Smith, a senior engineer at Engineering Dynamics, Inc., in San Antonio, Texas, said the Doe Canyon plant is built on “hard stiff clay” and that vibrations can travel into the closest homes, one roughly 200 yards away and one 400 yards away. He said that those vibrations are nevertheless “microscopic,” adding, “These kind of levels are so low, quite frankly they’re really hard to get rid of.”

The new unit at the Doe Canyon site will have a thicker base and additional concrete columns [piles] under the compressor to tie it down better to the concrete floor, Smith said. Not much can be done about the first unit, however, he said.

‘Nothing but good’

A number of local residents spoke up to praise Kinder Morgan for its generosity in the community.

“The money that’s flowed to the county because of Kinder Morgan has been phenomenal,” said Jerry Carhart.

At the March 6 planning-commission hearing, which drew a greater crowd, a parade of locals praised the company for its contributions, which include $200,000 and an acre of land for a satellite fire station in Cahone, $25,000 for scoreboards at a new ballfield and several thousand dollars to the Dove Creek and Rico public libraries.

“I can say nothing but good about Kinder Morgan,” Steve Daves of the county road and bridge department said.

Mike Mulligan, president of the Dolores County Fire Protection District, said, “This county’s been poor for a long time. When I first came onto the board we had one firehouse and worn-out outdated equipment. . . . Since Kinder Morgan has come in and the assessed value of our county has gone up … we now have three firehouses fully staffed and fully equipped.”

But the county commissioners said citizens’ concerns were legitimate.

“When we first went into that, we thought there would be no odors from that plant, but we know there have to be because we have gobs of complaints,” said Commissioner Ernie Williams.

Williams also said the plant is very close to exceeding sound thresholds. “Fifty decibels is the high-end, drop-dead level at night time. The plant runs 24 hours a day, so you are on the limits of night-time operation at this point, at least with that one sound test.”

Commissioner Julie Kibel said the board wants to be sure citizens’ concerns were addressed but also appreciates the financial boost the company gives the county.

“I understand what it must feel like to live that close [to the plant], but every concern that has come forward, we’ve dealt with,” she said. “We have asked for testing to be done and it has been done. We have asked for Kinder Morgan to pay the price and they have paid the price.”

Kibel said the county had had emissions testing done, but all the known pollutants (which include benzene, toulene, mercaptan, hydrogen sulfide and carbonyl sulfide) fell well below the state limits.

Williams noted that “growth does not come without problems” and added, “Dolores County does not trade money for people, and I want to make that clear.”

The board then approved the application, along with a land-development agreement that requires Kinder Morgan to, upon request of the county, demonstrate at its own cost that it is following state regulations.

The agreement also stipulates that both the old and new plant must put in the vapor recovery system, and that Kinder Morgan must pay for mediation if it and the county can’t come to agreement on any issues.

‘A fantastic company’

Clayton later told the Free Press the company has consistently worked to be a good neighbor. He said although neighbors may believe it was their complaints that drove Kinder Morgan to try to improve conditions at the Doe Canyon facility, the company initiated improvements on its own.

“We’ve been accused of not doing anything until the complaints came in, but that’s not true. When we started this plant in 2008 it was two of our people that came to me and said, ‘This gas really stinks,’ so we immediately started in-house testing. We knew we had an odor issue. So from Day One we started addressing these issues, not only out of concern for the public but our own employees.”

The sulfur compounds in the gas produce the smell, Clayton said. “They are very odorous, even at one-tenth of a part per million, which doesn’t really pose a health threat.”

The company has been using sodium hydrochloride to kill any reduced-sulfur compounds, he said, but as the content of the gas stream fluctuates, sometimes there is an overtreatment, which causes a bleach smell, or an undertreatment, which leaves the sulfur odor. The smells should be eliminated with the new vapor-recovery system, he said.

The company invested $200,000 to build a sound wall to reduce impacts on neighbors, he said. “There was no balking. Kinder Morgan is a very responsive company.”

The expansion will make things much better, Clayton said. “We’re going to invest millions and millions more to make it even quieter, to totally do away with the emissions. We really want this to come out perfect. Our whole emphasis is to be a good neighbor and a good part of the community. Kinder Morgan is a fantastic company.”

But he admitted Tout and Wenger are affected by the plant. “Cindy and Earl are definitely within the area where we would like to work something out with them.”

‘The way it was’

Josh Joswick, energy-issues coordinator for the San Juan Citizens Alliance, a Durango- based environmental group, said the alliance had worked with the neighbors to get the state to do more testing, including an emissions test April 24 called a “stack test.” The full results will not be available until June, he said.

“The disturbing part to me was that initially, when I called CDPHE, I said, ‘People are getting sick out there, in their homes,’ and the guy said, ‘They should leave their home.’ But at least we made the state aware of it, and now they’re doing the test.”

On Feb. 14, staff with the Colorado Oil and Gas Conservation Commission received a complaint from Tout about a “burning rubber” odor coming from the plant. They notified the Dolores County Sheriff ’s Office, which sent a deputy who reported he could smell “a faint odor.”

COGCC staff responded on the evening of Feb. 15 and “detected a chemical odor” from the plant. On Feb. 23 they also detected a “Clorox like” smell. The COGCC issued a “Notice of Alleged Violation,” which is not as severe as a Notice of Violation, and requires the company to eliminate any nuisance odors.

Joswick said he finds it entirely plausible that neighbors could become sick from emissions. “You bet. It depends on what the emissions are but you bet, they can get sick from it.”

He said he was disturbed by some local residents’ hostility toward critics of Kinder Morgan and their fears that, if the expansion weren’t approved, the company might pull out.

“I’ve heard that for years from other operators. ‘If you make us do this, we’ll leave.’ It’s a very hollow threat. It’s not like they’re making shoes and they can relocate in China.”

Tout said she was very upset by Layne’s reference to greed. “We’re being greedy because we want them to fix it so it’s livable here at our home? So we don’t get headaches, sore throats and nose bleeds? How is that being greedy?”

Wenger said the company won’t pay them replacement value for their home, just appraised value, “but with the economy the way it is and where we are, we will never be able to sell our home for what it was actually worth before Kinder Morgan moved in here. For the appraised value, we won’t even be able to buy another piece of land.”

Tout said even if the company makes a good offer for their home, she is not eager to pull up roots and move after living there 22 years.“We have three acres, a couple hundred trees, an orchard. Where are we going to go and start over and have what we have now?

“It’s not about the money. We just want our home to be the way it was.”

Published in May 2012 Tagged

Kauia-it, please!

A couple we know sat down at a local coffee shop and told us of their excellent trip to Kauai, one of the Hawaiian islands which offers to tourists – among many pleasures – more than 9,000 acres of coffee beans. They mentioned the beautiful Napali coast, the exceptional “little Grand Canyon,” snorkeling with turtles, cascading waterfalls, lush tropical vegetation, and of course relaxing on a multitude of white sand beaches. They never mentioned the chickens.

Like the cows of India, feral chickens roam the island under what must be a protected sacred status among its residents. The birds are everywhere, clucking and crowing, scratching in the gravel along the roads, along hedgerows, and laying their eggs in the ruff beside all the manicured greens at every resort golf course. They show up in parking lots to dodge impatient motorists, strut beside the beaches, and they’re usually hanging out in clutches of a half dozen or more – literally, gangs of chickens, rousing quite a few hackles with their chicken language.

The idea that roosters only crow to greet the morning sun – a sort of rural early risers’ alarm clock – is a myth. For 10 days outside our window – though it sounded close enough to be broadcast from under our bed – hours before any inkling of dawn, two menacing gangs had their lead roosters rehearse what I can only describe as a poorly acted version of “West Side Story.” They continued the performances until dawn, and often beyond.

Island folklore excuses the chorus and rationalizes the plentitude of chickens by praising their toughness. It says, for instance, that if a person boiled a chicken in a pot with a lava rock, the rock would come out the more tender. I just don’t see any evidence to prove the theory has been sufficiently tested.

My wife’s nephew told us another mythic tale about the rise of the wild chicken, that during early island history some chickens were considered sacred and some were just domestic stock, but a storm loosed them from their confines and the caste system was broken.

Since no one could be certain which chickens were sacred and which were to be served up for dinner, the people of Kauai elected not to eat any of these free-ranging chickens. He told us this story while consuming a Hawaiian chicken pizza at a local restaurant, a smile on his face nearly as wide as his pizza slice.

An appetite for cock-fighting may also have prompted all the current chicken trouble. Filipinos supposedly introduced the brightly colored cocks, and Walla, the wild chickens, to breed a betting empire. In this version of good and evil, like the snake in the Garden of Eden, the rooster must be held accountable for all the Garden Isle’s ills.

In 1863 Mark Twain lectured in New York about his visit to the Sandwich Islands (which is how people referred to Hawaii in the 19th century). He joked about the natives’ dietary habits, boasting that they “… are very hospitable, and feast their guests on roast dog and friccaseed cat.” I’ll admit, I saw very few cats – the few I did see looking very feeble and mangy – and all the dogs taken for walks appeared well fed and on leashes, under the stern instruction to avoid direct eye contact with the chickens.

However the birds propagated to a population that equals or (as some say) exceeds the 65,000 residents of the island, the truth is that the birds have virtually no predators, isolated as they are within a tropical 562-square-mile coop by that beautiful blue expanse of the Pacific Ocean.

The most serious threat to their livelihood is, perhaps, a tourist rental car. I saw a few fatalities flattened against the pavement, though there was no way to tell if the feathered speedbumps were the result of accidents or premeditated poultracide committed by temporarily insane, sleep-deprived guests on the island.

I’ve heard all the explanations, and the most reasonable one I encountered for the plethora of chickens blames Hurricane Iniki in 1992, a fowl wind which unleashed and scattered the island’s feathered stock. And since birds tend to understand wind, their survival at least seems plausible. Just do the math: 20 years + unrestrained cock-a-doodle- doing = a bevy of chicks.

In the end, I prefer cows to chickens, which is why I returned to rural Montezuma County. I’ll never live in a tropical paradise. And besides, I’m not a fan of SPAM, a product which Hawaiians consume more than any other State in the Union. Why is SPAM so popular in Hawaii? If you ask me, it’s because it sits in a can on the shelf, so quietly.

David Feela writes from Montezuma County, Colo.

Published in David Feela

Signs of the times

The most fabulous video game of the 1980s turned out to be Pac-Man, its object to direct your Pac-Man (with jaw working) through an elaborate maze, eating every dot you spot along the way, all the time moving to avoid being eaten by the various ghosts and monsters. The game raked in billions of dollars, one quarter at a time.

The newest video game is political, tentatively called Super PAC Man. Its object is to bolster a political candidate by spending millions of dollars on negative ads that disclaim (with jaw working) any political opponents.

The ghosts and monsters the ads create are designed to scare off voters, not to educate them. And the PAC men (and women) don’t have to reveal themselves until after the election. They just appear out of nowhere, and they don’t raise their money one quarter at a time.

You see, the Supreme Court in 2010 decided that money talks, and because it talks it deserves to have its freedom of speech protected. It’s not as if politicians of the past haven’t bankrolled their elected offices, but the Super PAC makes it even easier for big money to launder its opinions and unfairly influence election outcomes by creating a syndicate of television bogeymen.

The entire PAC (Political Action Committee) issue is a complicated money trail for the news bloodhounds to follow, but what’s worse for the general public — it’s still a long, long time before the 2012 elections finish and the politicians finally PAC it in. If the Republican primaries are just the appetizer, let me confess I’m already fed up. I’m not looking forward to the political wars continuing all spring, summer, and fall.

The public shouldn’t have to suffer through another political overload, because the FCC caters to politicos. It’s not as if Americans should drop out of the political process, but voters’ ideologies are not being directly or honestly communicated through the unending smokescreen of campaign ads, which is why I’m in favor of creating a new PAC — an Ice-PAC — of grass and glacial roots, an anti-inflammatory movement to reduce the swelling of all those political egos.

It appears that once a citizen has accumulated several million dollars of personal wealth, he or she suddenly believes the gift of social insight has been bestowed. Billionaires, of course, feel entitled from birth.

If the Supreme Court or Congress continues to refuse to moderate how politicians get their campaign financing, then we’ll just have to adjust how politicians get their message out to the public.

It would be nice if the Ice-PAC could simply say, Cool it, and the politicians would take notice. Unfortunately, the negative ads, no matter what the public says, will continue to run, but wouldn’t it also be nice to confine them, say, to one afternoon or evening, like a political Super Bowl, or a truly Amazing Race. We could stay up late, just like on the real election night, and find out through a kind of People’s Choice awards which political campaigner might be the next President, and which got voted off the continent.

I know, an Ice-PAC could be accused of trying to control the media, though aren’t we all pretty much victims of whoever decides to plunk enough cash down on the networks’ desks right now?

Maybe we need to adjust our message. Even if the media won’t listen, how about a revolution when it comes to campaign signs? Let’s abandon the traditional goose step of political parties and instead, into every neighborhood lawn, plant our opinions so they boldly express what we believe, not the candidate for which we’d most likely vote. “I’d vote for health care” would be an excellent campaign slogan instead of Obama/ Biden, or “I support fair taxes” instead of Romney/O’Donnell 2012 — signs of the times, not of the politicians who occupy the moment.

Of course, the radical opposition will always pop up like weeds, counter-signs declaring “I vote for loaded guns” or “Environmentalists, make my disaster” but that’s what’s so invigorating about a diverse culture — the ability to hear what’s in our hearts instead of the noise the political intelligentsia wants to PAC into our heads.

And besides, I would feel so much more informed walking through my neighborhood if I could more clearly see what instead of who is on my neighbors’ minds.

David Feela writes from Montezuma County, Colo.

Published in David Feela

It takes a village to fight the Village

The sad saga of Alberta Park began back in the 1980s, when a billionaire purchased some private land within the Saguache Ranger District of the Rio Grande National Forest. It was nice land — land the Forest Service had been eyeing for some time.

With those chips in hand, Red McCombs saddled up to the public-lands real-estate table, proposing to trade his coveted Saguache District chips for an incredible parcel smack in the middle of the high country. In 1986 McCombs’ proposal was rejected by Rio Grande National Forest officials. But Mc- Combs had a few cards up his sleeve.

Somehow, within days, back in Washington D.C., the Rio Grande National Forest’s decision was overturned, thereby giving Mc- Combs title to the heart of Alberta Park and wrenching this valuable parcel from its protected status within the embrace of the Rio Grande National Forest.

I have been told by Rio Grande National Forest Public Affairs Officer Mike Blakeman that no one knows exactly what happened. The decision was simply passed down channels through the Department of Agriculture. According to Mr. Blakeman, all we know is that the decision was later returned to the District Office labeled “accepted.”

Get this: Something as important as trading away the heart of a spectacular highcountry watershed, part of the source waters to the international Rio Grande River, gets rejected by the lawful guardians of the Rio Grande National Forest. But, in the process of being codified back in Reagan-era D.C., Red’s Alberta Park swap proposal was reborn and returned to the Rio Grande National Forest with a thumbs-up. What if it was a clerical error?

Thus, on March 15 of this year I submitted a Freedom of Information Act request for the paper trail from the RGNF rejection, to the Deed of Title for Mr. McCombs (LMJV). I will be sharing the progress of that FOIA request at http://No-VillageAtWolfCreek. blogspot.com

Given this background, is it any wonder many feel McCombs pilfered that land from the Rio Grande National Forest? Furthermore, that his people have no more claim on “personal property rights” than a thief does claiming stolen property as his own?

But back to those early days. McCombs was talking up a low-key development, 200 housing units in harmony with the nearby Wolf Creek Ski Area. That changed when Bob Honts, McCombs’ partner, unveiled plans for a luxury vacation village of 10,000 people. Problem was (actually, only one of many): The parcel is landlocked with one seasonal dirt road as access. And it crosses national forest land. McCombs spent a decade trying to get access and permission to build the road, but caught in shady backroom dealings, losing a significant court battle, then settling out of court on another, those plans have pretty well died.

Ever resourceful, McCombs decided to reshuffle the cards. His new bet: Trade in 178 acres of his next-to-impossible-to-develop land for 204 acres with highway frontage. First he tried to enlist our local Congressman to bypass U.S. Forest Service “red tape” — that plan sputtered and died.

Then McCombs returned to traditional channels. In the spring of 2011 the RGNF began the required Environmental Impact Study. Originally Forest Service officials hoped the preliminary draft could be released in late December or January.

Now, we’re nearly into April and the Forest Service continues to be vague on when the report can be expected. Officials cite an interest in thoroughness, although some point out McCombs’ team is slow in returning requested information and perhaps being less than helpful.

What’s going on? Have McCombs and his team realized that “The Village at Wolf Creek” is a lost cause? Are they scrambling to develop an exit strategy? Using the cover of acquiring highway frontage to facilitate a revised friendlier village, are they actually focused on genuine real-estate gold? Secure the land trade, then sell out to the highest bidder, then git outta Dodge?

Good poker move and even Forest Service officials acknowledge that McCombs would be fully within his rights to pursue such a strategy.

But what about Alberta Park? Or that Rio Grande River watershed? What about the wildlife that’s being cornered into smaller and smaller patches of land? What about the coming drying of the Southwest? Isn’t that productive biological resource valuable as it is?

What about the public’s interests? Is all of this just a grand real-estate poker game for politician-owning billionaires? Who knows? The cynic would say, ‘Damn straight it is.’ The optimist would say, ‘The Forest Service listens to our concerns and has the public interest at heart.’ We will see.

Here’s the important part. After many delays we are arriving at a critical crossroad where that theory will be put to the test. Mc- Combs has made his Alberta Park Hail Mary pass.

Pretty soon, for a few short weeks, We the People will be legal participants in advising the Rio Grande National Forest decisionmakers. After years of being confined to spectator status, we get to speak up and thepowers- that-be must listen to our rational presentations of the dangers and arguments for why McCombs’ land swap needs to be refused outright.

Alberta Park is a piece of biosphere, it can’t defend itself. It needs concerned citizens — people, who depending on their own expertise, can do a little research, become informed. Then write some rational, polite letters to the Rio Grande National Forest decision-makers explaining why Mc- Combs’ proposal needs to be rejected. And just as important, why McCombs’ portion of Alberta Park should be returned to RGNF protection.

If all the folks who have “NO Pillage at the Village” bumper stickers, or who share the sentiment, would become engaged and take the time/trouble to express themselves over these next few crucial months… it would have an amazing impact.

For more information visit the Rio Grande National Forest’s web page on the “Village at Wolf Creek Land Exchange Proposal” at http://www.fs.fed.us/nepa/fsusda- pop.php/?project=35945. Comments to the draft EIS will be processed through: comments-rocky-mountain-rio-grande@ fs.fed.us.

Peter Miesler writes from near Durango and maintains an informational website at http://No- VillageAtWolfCreek.blogspot.com.

Published in Peter Miesler

A whimsical tale from days long past

A long time ago I heard it was so, there was a group of nuns, you know. They were spiritual and they were kind, a benevolent order mystical and wise.

Well, you know those nuns had a farm and on that farm they had a cow, two dozen sheep, and a dog named Blue. There were goats and sows, pot-bellied pigs, a rooster named Flint, and a turtle named Stone.

They raised crops and they farmed sprouts, red-necked beets and blue stripped corn. These nuns had skills and best of all, they were midwives, they heard the call. Their reputation was known near and far. Practiced in the art, able to deliver, be it in the farm house or out in the stable.

Here is the story as far as I know, concerning a delivery with complications previously unknown.

It had to do with a ewe named Sue, and Sister Wii, a nun of doubt.

Sue the ewe grew up on this farm, since sister Mary got her as a little lamb. Now she was the matriarch of all the sheep.

Many a lamb had passed through her womb, and she had grown as the nuns did too, a creature wise in the ways that God makes all things.

Except for those who live in doubt, wrestling fate for a clear outcome of their place and purpose here on this earth.

Such was the case of Sister Wii, who came to the calling accidentally. It all started out with a Benedictine cross tattoo.

One night out with a group of friends, a tattoo parlor was added at the end; to Wii’s end that Benedictine cross was applied too.

The ink got in under her skin, it sat upon her working within until she felt some deeply seated spiritual call. About that time the ride that she was hitching let her off on a back road wishing for a clear sign from above.

Amazingly it was then that Sister Grace picked her up and took her to their place. The lightning bolt of fate came down. And Wii went to live out there with them, almost settled in all her ways.

Wii learned to milk Daisy the cow, grow purple radishes, and deliver litters from sheep and sows; she could pull a breech baby in dark and rain.

Though she was happy, there still was an itch that made her long for something that a nun could not have.

This is where this story gets complex, because remember that ewe whose name was Sue? Well, Sue was pregnant but Sue was old, for a sheep I mean, and her delivery was a cause for many prayers.

Around the manger they were gathered, the chickens and the nuns, the sheep and the cow. Bob the horse was there too, Yuletide the mule bayed and wooed. His rhythmic eeh ahh, eeh ahh, eeh ahh filled the air.

It was almost, but not quite, like something from long ago. The night was clear and the night was starry. One star above shone so brightly, though God above had heard all of the prayers.

The first lamb came out and it was blessed, and so too came the second and then the third; by the time the fifth one emerged, the nuns were concerned.

After 12, to match the apostles, Sister Brady seemed relieved that this bunch was the end after all.

Then Sue prolapsed her uterus out, the 13th delivery left in doubt Sue’s survival until the light of day.

But the nuns thought quick and with holy water pulled off their habits and covered Sue over, but with Wii’s habit came a piece of thin, red, silky, lacy lingerie.

Habits come and habits go, but this was a bad one from a nun, you know. A gasp of condemnation filled the air.

Well, man alive, I am telling you the chickens went running and the goats did too, this was a case of desperate midwives all the way.

Finally Sister Semblance brought some order. Sue’s uterus was restored as was the decorum of proceeding as if nothing unusual had occurred that night at all.

But truth is a horse run away, rather on the range than in a stable at bay; when it is out of the barn it’s gone away.

So Wii went off to a place I don’t know and the nuns settled down to their farm and their prayers.

And it all happened some place here a long time ago.

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

Published in Jude Schuenemeyer

Facing Facebook

Let’s really talk about Social Networking.

This is not about how Facebook has changed the world, or how, when I was growing up, we had to actually dial telephones and then stand there next to the wall mount because there was actually a phone cord. This is not about how many people from my past I have connected with or how I am so much more globally aware since I can connect with people I don’t even know in places like Tanzania or Islamabad.

Okay, Islamabad might be stretching it, for obvious reasons.

No, this is all about me (of course) and my personal experience in the world of social networking.

I’m not even sure when Facebook began. I know that I was against it, just as I was against sport climbing, plastic ski boots, cell phones and automatic transmissions.

Eventually, someone set up a page for me that I ignored for a very long time until enough people were talking about it that I decided to check it out.

I dabbled; nothing serious, posted a really bad picture of myself, moved on to posting a picture of my feet, which apparently isn’t nearly as clever and unique as I thought, then I tried putting up some information about myself and that’s where the trouble began.

Not too long after I dabbled, I received thousands of birthday well wishes. I don’t tell anyone about my birthday, so this was utterly horrifying and I couldn’t figure out how everyone knew. It took another year for me to catch the little thing on the right side that tells you whose birthday it is on any given day.

Then, I tried to respond to something someone said and my words were, “I think you are totally hot!” And this, my dear friends, I posted on my “wall,” which, I have since found out, is different than sending a message to an individual. I guess wall postings go to everyone on your list. At least I made some old friends’ days.

But the real test of my naiveté regarding the reach of Facebook was the day, shortly after my husband bailed that, while killing time, I changed my status from “married” to “single.”

The shock waves were felt around the world; I was bombarded with queries, disbelief and speculation. It was a learning experience, almost greater than the divorce was.

So I decided that the whole Facebook, communicating with the world at large via computer, was not my cup of tea and I thankfully closed the door on that chapter of my life.

Until the day when a published author friend said to me, “If you want to be taken seriously as a writer these days, you have to have a blog. Then she listed the various reasons why and they all sounded pretty convincing, so off to WordPress I trotted.

When I first set up my blog page, I used one of the existing templates – I figured I’d let “them” design my page. I put in my name, a little bit of information about me and cut and pasted one of my columns into the text box and hit, “publish.”

And there it was. Right there, on the WordPress page, with my name spelled incorrectly and several of the sample template photos which were really quite lovely although it was a bit like buying a picture frame and hanging it on the wall with the photo that came in the frame of lovely, happy people whom you’ve never laid eyes on in your life.

I have since fixed it up a bit, my own photo is on the page and I managed to change the spelling of my name – now it’s just one long word: suzannestrazza.

And I write quite frequently. I have found that sometimes people complain when I don’t.

I have also found that sometimes people complain when I do. Particularly, my exhusband.

Sometimes I write about him. Sometimes I write about my day at work (but usually nothing so mundane as a day at the office), I often write about my sex life or lack thereof, or other people’s sex lives, or my friends’ personal lives, or my children.

But I do keep getting into trouble. Like the time that I wrote about my son’s first real breakup and I used words like “sniveling” and “fetal position.” Who’d have guessed that one of his friends actually read all of that?

Then there was the time I mentioned some trouble they got into and their auntie on the East Coast read it and called their father, who then called me and you can only imagine where it went from there.

So I promised to stop including them in my literary pursuits. I try hard to keep my friends’ identities a secret, but when you live in a town as small as this one, that’s not so easy. For instance, there was the time that my friend and I killed the badger – I didn’t have to name names or anything. Folks thought about me and who my friends are and it took all of 30 seconds for that mystery to be solved. So absolutely no anonymity there.

My writing has raised some eyebrows, so I try hard to be really careful and thoughtful around my friends’ lives. Like I wasn’t when I wrote about my friend (who worked with teens and alcohol prevention) and the days when we were sneaking into bars when we were barely 14. That was almost a friendship- ender.

I do so love to blather on about my ex – but only when he has done something so outrageous that it can’t be kept quiet. Alas, he would prefer if I didn’t do that.

I love to pontificate about my view of the world, because obviously, not only is it a great view, but everyone should hear it.

And I am obsessed with myself. I check my blog “stats” every day, sometimes more than once a day, to see how many people have read my wisdom and if they left any comments. I often re-read what I wrote, also, just to gauge if the number of readers for the day coincides with the quality of the post.

In a desperate attempt to reach out to more people I finally combined the two forms of social networking that I have not mastered. I figured out a way to get my blog posts to show up on Facebook!

Talk about advanced techno geeking.

But that too brought a whole new round of issues. I’ve had to figure out how to limit who receives some of my posts. For example, my children do not need to get the message that their mother, once again, wrote about The Fallen Angel or about their father.

I was friends with all of their friends – it was a great way to keep tabs on what everyone was doing, but then I realized that that worked both ways and that their friends (and therefore, my children) could keep tabs on what I was doing. So the “unfriend” button became my good friend.

I also do not connect with certain people (my boss for example) for obvious reasons.

But some of my childhood friends are finding out that they never really knew me like they thought they did. I’ve even had one (married of course) actively pursue a weekend away. Perfect strangers call me up and ask me out and I have a fan club of one, whom I adore without having ever met the person.

I am sure I’ll f–k this one up too – post something accidentally that will cause me to lose my job, my best friend and the trust of my children all at once. I am that technologically hampered.

But until then, I will continue to share my views, my opinions and the details of my fairly dull life with anyone who will listen.

Suzanne Strazza writes from Mancos, Colo. Her blog is at http://suzannestrazza.wordpress. com/

Published in Suzanne Strazza

What spoils have we gained from our wars?

Yes; quaint and curious war is! You shoot a fellow down You’d treat, if met where any bar is, Or help to half a crown. — Thomas Hardy

How little things change. Throughout the ages, deadly conflicts have accomplished naught. Today, we here in a nation of sheep continue to sacrifice our youth in support of our government’s conquests.

Three of these conflicts in the past have awarded us with what? Korea – some 50,000 crosses and how many maimed for life.

Vietnam – another fiasco to fight the same enemy with the same results: crosses, maimed soldiers, yellow ribbons, homeless addicts, and the prosecution of officers overcome with the savagery of war. And now our undeclared conflicts in the Middle East.

What’s more atrocious than dropping a 20-ton bomb on some fiend and missing him and vaporizing instead any number of innocent women, children and civilians that had no dog in the fight? That sad occurrence continues to this day.

And what did we win for these charades? Walmart, cheap goods and a huge financial debt to a Communist nation that backed our “enemies” in Korea and Vietnam. One hundred-dollar canvas-and-rubber shoes touted by millionaire sports stars. After losing 5,000 in Iraq (not to mention murdering untold thousands of their uninvolved civilians) we replaced a huggable tea-drinking buddy of Rumsfeldt’s – the Hitleresque Saddam — with a more religious dictator put in place by the Bush regime. But no democracy for the people.

After a decade we are still sending our youth into Afghanistan, a tribal nation headed by a fashion-plate puppet who has no control over the other tribes, who says he would side with Pakistan, a nation we send millions of dollars to that nonetheless hid Bin Laden and also hates our guts.

We have no qualms about sending our youth on three or four tours of duty and we get all twisted with emotion when they continue to break down mentally and murder the inhabitants of that country who, so they say, are our friends, allies and also the enemy. Try sorting that shit out while saving your ass. My fear is we might be persuaded to turn that master sergeant who lost it after four deployments and executed 17 unarmed civilians back over to the Afghanis, just to save face.

We here in this country have had no major discomforts in these three conflicts as did the greatest generation during the great last declared war, when there was rationing of gas, meat, butter, tires, sugar, power, and we had a draft so the sons of the rich and powerful also could be marched into the meat grinder. What have these past conflicts brought us – prosperity? No, only high food and gas prices and a recession but not real hardships. Every time I see a parent, son or daughter cheerfully surprising a family by returning home unharmed I see something else that sticks in my mind – a 5-year-old boy with quivering lips standing by his father’s casket receiving the carefully folded flag supposedly “ honoring” his father’s death, knowing that is all he has left of his father, not the hugs the others received.

When I see stores closed and no more mattress or furniture sales, I’ll celebrate Veterans Day.

I was called away to join the fray and did my duty proudly.
I killed some other mother’s son and left a family grieving
They said I earned my medals for the deed I did for others’ greed
And we beat the foe quite soundly.
The same was done when I came home and now they called it murder.

Galen Larson, a Korean War veteran, writes from Montezuma County, Colo.

Published in Galen Larson

The ducks are singing!

Imagine if the thought of your freedom was so frightening that others passed laws to control you — laws that probed into your most intimate, personal decisions, and dictated what advice others could give you regarding those decisions.

Imagine having to get permission to carry out the actions associated with the decisions. Imagine if your employer didn’t have to chip in on your health-care costs if your lifestyle — or even a presumed lifestyle — did not conform to the employer’s wishes. Better yet, imagine not being permitted to work at all, for fear that the money you earn might be used to pay for something to which your employer or society objects, even if that something is perfectly legal.

OK. I made up the last example, though not by much. The rest is already reality, or came close to becoming reality for American women, thanks to the breathtaking woman-hating of late — including the public branding with sexual slurs of women who dare speak up.

Now, it is admittedly easy to blow things out of proportion, and thereby create the very situation you fear. On the other hand, if it quacks like a duck…

When it comes to the war on women, it quacks indeed. The ducks have formed a choir, and they’ve taken it on tour, from church to state.

First stop on the tour: The state. Make that “states.”

In March, Virginia became the most recent state to pass into law a pre-abortion ultrasound requirement, again on the wholly faulty — and nakedly sexist — reasoning that women need to be “protected,” apparently, from ourselves. It’s been noted that many abortions are performed at a time when the only way to get an ultrasound image is through an internal exam, i.e., a vaginal ultrasound. Goody. And as soon as men seeking medical care bend over for a mandatory pre-treatment prostate exam, sign me up for that afternoon delight.

Of course, it is true that women can’t possibly know for sure whether they are pregnant, what being pregnant means — or even whether they were impregnated by their husbands or a rapist. Just ask Idaho’s Chuck Winder. He’s a man, an’ all, and I’m just a two-legged potential incubator.

Winder, while discussing another infernal ultrasound bill, said doctors ought to ask rape victims if they are really, really sure … or if the pregnancy was “caused by normal relations in a marriage.”

There you have it. Wom en are not only too stupid to know whether we have been raped, we will lie about it so we can kill a baby. We’re evil like that.

Winder had the grace to back down, insisting he never meant to question anyone’s honesty. People “misunderstood.” When it comes to controlling women, it sure is funny how often so many people misunderstand clear statements.

Indiana, meanwhile, is the lucky winner of “Who Has the Craziest Representative?” That’d be Bob Morris, who insisted, even under the withering criticism of his fellow Republicans, that the Girl Scouts promote abortion and homosexuality.

At least New Hampshire has seen the searing light of reason! In March, its House committee generously considered removing criminal penalties from a law that requires physicians to tell women that abortion increases the risk of breast cancer, even though that link is debatable at best.

The requirement forces doctors to become mouthpieces of the state. It forces them to provide inaccurate information to patients, against their better judgment and their profession’s ethics. If nothing else, it is surely state interference with private industry — and I thought Republicans were against that.

Turns out many of them (the vocal ones, anyway) are just anti-science. Witness Utah, where a law was passed preventing schools from teaching that contraception reduces the chance of pregnancy and sexually transmitted diseases. (Apparently, condoms really are little latex jackets for your cucumbers — who knew!) The bill would have also required schools to pretend homosexuality does not exist, and to teach abstinence-only sex ed.

I’ll see your “Holy fig trees! There’s a 21st century Legislature that requires teachers to ignore basic facts?” and raise you one.

Utah’s governor vetoed it. Yup. A conservative governor — one whose views on public lands indicate a willingness to embrace nuttery — took one look at codified insanity, and said, “Um, no.” At least, that’s my takeaway from his rambling parents’-rights explanation.

Not that it’s much of a bright spot. Both women and men in this country deserve better than a finger-cross and a hope that executives will be reasonable where our representatives so often fail.

Another dangerous bit of legislative stupidity was narrowly tabled on a squeaker vote in the U.S. Senate. (Thank you, Olympia Snowe. You will be missed.) The Blunt Amendment would have created a conscience clause for employers who fund health-insurance benefits. The employers could have opted out of providing the care on moral grounds or, technically, conveniently claimed moral grounds.

Again, harsh criticism had supporters claiming critics did not really understand the amendment, which was obviously a recipe for employer overreach into employees’ private lives. There’s plenty of that as it is, thanks.

Now let’s talk about moral objections. The Catholic Church was initially correct to fight a requirement that would have forced it to pay for contraception at church-affiliated institutions. However unintentional, that crossed the line between church and state.

But the compromise — that insurers provide the benefit free to those who want it — was workable, and Catholic bishops’ continued opposition is telling. What it tells us is that a pack of eunuchs-by-choice want to make it as difficult as possible for sexually active women to make their own reproductive decisions.

Most ideological opposition to contraception boils down to this: The idea that women should be punished when they act like men, in this case, by having sex for pleasure.

I’ve never heard the Church shame old men who use impotence drugs, though, presumably, they are no longer in the siring business. (And I’ve never heard tell of Congress convening an “expert” panel on Viagra that is composed entirely of virginal young women, but never mind.)

I have heard the Church complain about the state interfering with it, while its bishops attempt to use the state to ram their policies down the throats of non-Catholics.

I see the Church won’t allow its schools and other organizations to donate to the Susan G. Komen Foundation for life-saving breast-cancer research because of Komen’s link to Planned Parenthood (a topic in and of itself), but that the Church has received $17 million in donations from Komen.

And I can’t help but notice a marked difference of volume in the Catholic hierarchy’s outcries. The shouts over contraceptives are loud and still echoing. Church outcry over criminal scandals involving some of its priests and their horrific violation of the laws of God and man was muted at best. Yes, they paid settlements and defrocked the priests — but you don’t hear bishops constantly demanding state action on the predator- priests’ great sin. How can they, when other Church leaders aided the predators, covered up their crimes?

While I respect the Church’s efforts on many fronts, the Church’s hierarchy ceded the moral high ground long ago.

And now the least for last: Mr. Rush Limbaugh, whose latest bout of verbal diarrhea sent a chunk of his advertising-driven wealth down the crapper.

Rush is an opportunist who knows how to push buttons to make money. He is adept at deflecting guilt, even when he publicly calls a woman a slut and suggests she delve into Internet porn. Which is exactly what he did to law student Sandra Fluke. Fluke’s sin: Speaking in favor of contraceptive coverage.

When the fallout hit his wallet — money talks! — Rush offered an apology not even a lamppost would have believed: He regretted using the words “slut” and “prostitute.” (Apparently, he meant to call Fluke a puppy.) True to form, Rush then claimed he’d succumbed to the tactics of “leftists,” who, I guess, rule the roost when it comes to trashing uppity women.

On the other hand, at least he offered an apology, tepid as it was. The same cannot be said of Bill Maher who called Sarah Palin by a crude word. FYI, Bill: That isn’t OK.

Until the day Rush’s fans recognize him as mindless entertainment and not an infallible prophet, the rest of us are forced to call him out. So, Rush: Stop calling women sluts because they disagree with you, and then suggesting they make pornography that you can view, ya perv. Oops. I mean “puppy.”

As for reasonable people, remember eternal vigilance. There is a war against women, so let’s fight. The other side is — and dirtily.

Katharhynn Heidelberg writes from Montrose, Colo.

Published in Katharhynn Heidelberg

What’s a life worth?

Poet John Donne observed that no man is an island, and that the loss of anyone diminishes us all.

This is, of course, a much more generous interpretation of our short time here on Earth than was expressed recently by a local columnist in the Cortez Journal, a self-appointed judge of human worth who apparently finds some others so lacking in value they deserve to freeze to death because they’ve “chosen” the life of loafers and drunken bums.

Larry Tradlener created quite a lively debate after offering his views on the patrons of the Bridge Shelter, condemning many as leeches who are only being enabled by those who provide them with a bed and a hot meal. He complained about them hanging out in the Rec Center, library or McDonald’s during the day “before they go back to the Bridge for a meal and a bed and more television,” adding, “They get government welfare, disability payments or other entitlements that you and I provide. They have money for cigarettes, booze, and cell phones but not for shelter?” (As if the price of a pack of cigarettes could get one an apartment!)

After predictably stirring up a hornet’s nest of protest by the “bleeding hearts” who genuinely care for their fellow beings, even those who have no place to rest their weary if often besotted heads – Mr. Tradlener defended himself in a follow-up letter by cataloging his own personal good works and stout self-sufficiency. (I’ve volunteered for this and that and worked really hard and done many other wonderful things to establish my well-deserved membership in the race.)

After which he added, “The ones who freeze to death in the parks and other places are drunk!” The implication clearly being that those folks deserve it.

But he brought to the forefront an issue that troubles many local citizens, and certainly the Cortez police and library staff, on a regular basis: What do we do about the city’s street people?

Mr. Tradlener takes the view that many are “freeloaders” who could work but don’t want to. While that may be true of some of them — there are certainly freeloaders at every level of society, even the highest — I reject the notion that most street people so enjoy being cold, dirty and despised that they choose it over gainful employment.

What Mr. Tradlener fails to acknowleddge is that a certain portion of Cortez’s street people – as well as society in general – have serious substance-abuse problems, sometimes accompanied with mental illness, that render them unable to hold jobs.

I myself have the fancy title of Certified Addictions Counselor and work five days a week with people who have such problems – for pay, of course. I am not so noble or well-to- do that I can “volunteer” my services and then brag about them in print. It is difficult and often painful work that occasionally (far too occasionally, unfortunately) results in seeing someone turn his or her life around. That usually means being transformed from a “bum,” in the self-righteous vernacular of Mr. Tradlener, into someone who gets a handle on the drug of choice and manages to once again experience the everyday pleasures, disappointments and pain of life, much the same as “normal” folks.

Along with my modest wages, that is the chief reward of my job – knowing I may have played a small part in a person’s decision to overcome a habit that is so seductive and tenacious it can quickly become the center of an addict’s life, overshadowing family, job, or human dignity.

An addiction is a compulsion that is conquered only through a strength that is never tested in most of us – simply because the great majority do not like the feeling of being drunk or high on heroin, meth, coke or whatever. (This is the awful fallacy of the never-ending “war on drugs,” a criminal approach to a clinical problem, and one that doesn’t put a dent in drug abuse, but keeps our for-profit prisons full. Follow the money, as the Watergate mantra went.)

Drug addiction usually involves alcohol and wreaks terrible havoc on the families of those who can’t manage to put the cork back in the bottle. Many people do not even think of alcohol as a “drug,” since it is legal and readily available, as they say, at a store near you. But booze is by any measure the most addictive, destructive substance used by people who want to temporarily alter their state of consciousness.

For the vast majority of folks, the consequences of over-indulgence are possibly suffering a hangover and feeling foolish for clumsily flirting with a friend’s spouse at a holiday party. If anything, drinking more alcohol (the old hair-of-the-dog cure) to feel better is the last thing they’d want to do.

But for a small percentage of people, one or two drinks are too many, as the AA saying goes, and a thousand are not enough. For compulsive drinkers, many who end up living on the street, the way to feel normal is just the opposite of staying away from hootch. A pint of vodka helps them become functional enough to face the day – which may consist of panhandling, committing petty crimes such as shoplifting to get that next fix, or getting arrested for outrageous acts committed under the influence.

(For those of more comfortable means, alcohol addiction may mean getting roaring drunk at home and fighting with one’s spouse. For such drinkers the consequences may be gradual, with them ultimately drinking themselves to death through one of the many physical ills alcoholism causes.)

Whatever, no one deserves contempt because of an addiction that is already making his or her life a living hell, and no one has earned the right to make the judgments Mr. Tradlener so glibly lays down.

It’s convenient to assume that the diehard addicts we see on the streets are hopeless cases, not worthy of either government help or charity, that they “choose” their existence and could quit drinking, snorting, or whatever if they merely wanted to.

The problem is, no one can divine just who’s a hopeless case, and who isn’t. But overcoming an addiction generally requires repeated attempts and a great deal of help.

I say this as one who has seen a few seemingly “worthless” human beings – stumbling, staggering, smelly addicts – succeed against the odds and go on to live happy, sober lives.

And I say this as one who has experienced the worthless bum’s existence first-hand, who has lived on the streets, who has grappled with severe addictions and managed – with more help and love than I can ever repay – to rejoin society.

Although Mr. Tradlener’s mean-spirited attitude makes me slightly skeptical of John Donne’s charitable assessment of the race, in the end I truly believe anyone can change – even those who have lived more than seven decades casting about for ways to feel superior to their fellow travelers.

Take a good look in the mirror, Larry, and reflect on the fact that although no one is perfect, no one is worthless, either, and we are capable of changing direction, often with the help of bleeding hearts — i.e., “enablers.”

David Grant Long writes from Cortez, Colo.

Published in April 2012, David Long

Out of the canyon and onto the road

Chinle (Ariz.) High School’s ensemble goes on tour

CHINLE HIGH SCHOOL BAND

The Chinle, Ariz., Jazz Band and Guitar Ensemble will be performing in Arizona, Utah, and Colorado in April. Photo by Sonja Horoshko

Jazz improv is a conversation, says Eric Swanson, guitar, band and jazz ensemble teacher at Chinle High School in Arizona. “It’s like language, sharing ideas, connecting.”

This month, that musical conversation will move out of a remote canyon in the Navajo Nation and on the road. This is the first professional venue tour of the Chinle High School Jazz Band and Guitar Ensemble.

It’s a rigorous schedule. “Four performances and one workshop in four days is tough, but they’re first-class musicians and are ready for the road,” says Swanson.

Performance stops will include Red Mesa, Ariz., Aneth, Utah, and two in Durango, Colo.

The tour emulates reality, the professional experience, what it feels like to play for the public. Students are accustomed to the intensity of more typical competitive guitar festivals and concerts at other schools. Swanson knows they are valuable, educational and help a student, “but they’re not really musically experiential. The tour is the real thing.”

When Swanson, a guitarist, applied for the position, the school system told him he could teach his instrument. He began by offering ensemble curriculum for guitar and jazz that leads to performance and masterful musicianship, which, he says, “is the level of where we are today. The students are very advanced musicians, and show remarkable growth over the past four years.”

Now, their dedication is being rewarded.

Ten advanced students make up the Chinle High School Guitar Ensemble and Jazz Band. All but two in the group are seniors. They’ve been together for a long time.

As beginners Swanson required them to perform before an audience. He told them it was important for them to come out of their shell.

“Oh, they were so scared, some even had excuses for staying home, but after their first public initiation they just glowed,” he says. “Now they say it feels so good and it’s awesome. It’s an infectious experience, the students become music junkies and then there’s a general feeling that they’re addicted to the art of music,” he adds.

Chinle is located beside the scenic tourist destination Canyon de Chelly, in the Navajo Nation, Ariz. Traditional values embedded in the culture influence family and community activities. Students are asked to do a lot of chores at home – babysit, herd sheep, haul water and wood.

According to Swanson, the Chinle afterschool music, sports, and arts programs are popular with the young people. Forty percent of the students take advantage of staying after school to have something to do besides chores.

Ninety-eight percent of the Chinle students qualify for free lunch program in the community where adult unemployment hovers near 50 percent.

That percentage has provided the school with the opportunity to provide instruments for the students while they are in high school.

But once the students get in the groove, they want to own their own instruments. Even though some students already own their own, most wait to buy until after graduation.

Eight of the 10 advanced students are seniors and plan on attending college next fall.

Swanson is encouraged by their growth as musicians and human beings. “They have remarkable skill and the interest to develop it.”

Advanced students compete and many win a place in the Northeast Arizona State Honor Band where 150 students try out for only 40 positions.

The 10 students in jazz and guitar ensemble are high-caliber musicians accustomed to the competitive world of contemporary music.

Cody Donald plays trumpet and has been in honor band three years in a row. He is also a cross-country star.

Swanson sent Donald and Brian Bainbridge, another Chinle jazz trumpeter, to Stax Summer Music Academy two years ago. They were freshmen at the time and the first Navajos to attend the academy.

Blues buffs know the Stax record label introduced soul, funk and the blues to a mainstream audience in the 1960s. The label died when Martin Luther King died.

Today a museum and foundation dedicated to the history of jazz and the Stax label artists also offers an opportunity for disadvantaged urban youth to study with professional musicians and perform at local events if they are accepted into the summer program in Memphis, Tenn.

In a May 2010 interview with the Navajo Times, Bainbridge said, “I picture Memphis as a place with musicians on every street corner, and a bunch of people milling around.”

Donald said, “It’s a chance to find out what we’re capable of. And hopefully a doorway to even bigger opportunities down the road.”

“We’ll learn about the history of our instrument and the people who played it, and maybe get as good as them,” Bainbridge added.

Like a dream come true, today they are part of the jazz milieu.

“When students come to jazz class for improvisation, I explain it’s like a conversation, a musical back-and-forth, a question and answer. I ask them who’s going to start the conversation. They love that idea.” They’ll get the science of music in college. Here, on this level, Swanson wants them to be comfortable with the conversation.

“They laugh and enjoy the improvisation, but usually come with the idea they have to play a lot of notes, fill up all the spaces, but, like language, the space, the pause, is a musical tool you can use to make your point.”

The tour includes a stop in Durango, where Swanson found support for his performance tour. The Stillwater Foundation provides music and sports programs to people 6 through 60, says music Director Steven Dejke, who has lived in Durango since 1997.

When Swanson came to him with his tour idea he recognized that the students in Chinle are enjoying a professional program that deserves support. Together the two music educators launched the idea to benefit students of both communities.

“We’re offering an afternoon workshop for 10 to 15 of our Stillwater students with the Chinle students and then they’ll do the public performance together that night,” says Dejke.

The idea that brings students from such a rural area to Durango for music is a concept that works both ways. Dejke hopes to create a musical exchange that will bring Stillwater students to Chinle.

“Music is like that. Swanson offers an excellent program, and he works hard to create links that benefit the students. We want to create a musical friendship, a sharing of the spirit of music. We are excited to be hosting this great group of young musicians.”

The Chinle High School Guitar Ensemble and Jazz Band will perform at a private venue in Aneth, on April 27. On Saturday, April 28, they join the Stillwater Foundation at an afternoon workshop.

The 7 p.m. performance at Roshong Hall in the Fort Lewis Jones Music Building is open to the public. Cost is $5 per person. For more information about the Saturday events call Stillwater at 970- 247-9055.

The final performance, for a Durango Friends Meeting, is at 5 p.m. on Sunday, April 29, at CR233, off Highway 160. There is no cover for the event, but it is a potluck gathering.

Published in April 2012

County mulls land use revisions

The Montezuma County commissioners have backed away from an earlier attempt to zone all unzoned parcels in the county.

Instead, they are considering amending the land-use code to add language that would merely grant future commissioners the authority to implement such zoning.

A public hearing on proposed amendments to the code has been set for Monday, April 30, at 1:30 p.m., in the commissioners’ meeting room in the county courthouse.

One of the proposed changes would add a paragraph in Chapter 3, Section 2, of the code stating that the commissioners are “authorized to rezone Unzoned parcels of land” after giving landowners notice and a chance to respond.

“This gives them the authority to rezone unzoned parcels of land for their actual size and uses,” said county planning director Susan Carver. “The way it was presented before, this would be done and ‘unzoned’ would be taken out of the land-use code.

“Now it’s being presented as giving them the authority to do it. It will also give landowners the opportunity to make a choice regarding the rezoning of their property, which would leave ‘unzoned’ in the landuse code.”

On Dec. 19, 2011, the commissioners had balked at the idea of just zoning unzoned parcels according to their current use, even though they had asked the planning commission and planning department to move in that direction.

When the county’s land-use code was adopted in 1998, it included a system called Landowner-Initiated Zoning, which allowed property owners to choose their own zoning, within certain parameters. However, well over 60 percent of the county remains unzoned today, a situation that has caused confusion both for unzoned landowners and their neighbors.

For instance, many who chose not to zone their property believe this gives them the right to do whatever they want on it. In fact, they are limited to their current use; any change requires them to first come before the county seeking approval.

On Dec. 19, Carver and some members of the planning commission presented their latest attempt at resolving that issue and some other problems in the code, only to have the commissioners send them back to the drawing board again.

Commissioner Gerald Koppenhafer at the time said he was concerned that simply putting an agricultural zone on ag properties wouldn’t reflect the fact that many farmers and ranchers also have home businesses of some sort. He called for a zoning category called “mixed use,” or something similar.

The planners didn’t do that, but came up with another way to try to handle that concern, Carver said.

“Mixed use is not being proposed,” she said. “We and the planning commission studied the land-use code and tried to figure out a plan of how we could handle these historic commercial and industrial uses without coming up with another category, and we went back to reviewing the uses by right.”

The new language would list, include under “uses by right” in each zoning category, any documented actual uses existing on the parcel on July 20, 1998, (the date the code was adopted) and continuing since then.

“It doesn’t cover expansion, just the use on that date the code was adopted,” she said.

Carver said she hopes the changes will protect the county and landowners from unfavorable court decisions regarding controversial uses on rural lands.

“The county has entered into litigation in the past where properties were unzoned or ag [and the county approved another use] where the commissioners’ decision was not affirmed,” Carver said. “Hopefully by adding these as uses by right we will protect them.

“Before, we thought we could address historic uses through special-use permits. The commissioners thought the plan could be improved, so they sent it back for us to work on and to come up with other ideas.

“This is our other idea and I’m glad they sent it back, because I think this is going to work even better. This way [agricultural landowners] don’t have to obtain a permit [for a historic use] — it will just be their use by right.”

Other proposed amendments to be considered on April 30 would:

• Allow the board to create commercial and industrial “overlay” areas where such development would be encouraged through voluntary measures. This would not automatically grant commercial or industrial zoning to any particular parcel, but would give the board the authority to create such overlay areas at a future date.

• Define both “light” and “heavy” industrial uses.

• Add “home occupation” under the definitions of agricultural uses.

• Move some language to different sections of the land-use code to better organize the document and make it clearer.

The proposed amendments may be viewed at the planning office in the county courthouse, 309 W. Main St., Cortez, or online at www.co.montezuma.co.us. (Go to “Departments,” then to “Planning.”)

Published in April 2012 Tagged

Renewable energy faces uphill battle

The Colorado House is expected to approve a bill soon that will keep wind rights tied to property rights – unlike subsurface mineral rights, which can be bought and sold separately.

The bill is largely uncontroversial, and it does little more than put a policy on the books that makes intuitive sense for utility companies as well as state and local governments. Such a policy – to avoid a “split estate” for land and wind rights – is already in place in many other Western states.

Overall, though, wind energy – and renewable energy in general – has a still-shaky future in Colorado. Even though the state continues to put renewable-friendly policies in place with procedural ease, roadblocks remain. For starters, there’s still resistance to the development that large-scale renewable energy requires — namely, transmission lines.

And then there’s the Republican-dominated Congressional decision to let go of a 30 percent tax break for wind; without that, say industry experts, wind is unlikely to be competitive with more traditional – and less progressive – forms of energy.

It’s unclear who in Colorado first fronted the idea that wind rights should be separated from property as mineral rights are, said Andy Karsian, legislative coordinator for Colorado Counties Inc., a group that supports county commissioners. But the backlash was broad and decisive.

In a scenario of a split estate for wind, “if you put up a grain silo on your land interfering with my wind, I could sue you,” Karsian said. “If I sold the land, the other landowner would have to realize I could hold on to the wind interest on that land. The complexities of it are insane.”

Karsian can see why some states, like Texas, have grappled with whether to create split estates for wind: “It’s economic development,” he said. “You are able to create an economic engine in a rural part of your state.”

But most states with wind resources have opted for the simpler option of keeping wind rights tied to the land, and the vast majority of Colorado stakeholders appear to be on board with the bill that would get that policy on the books; no one has expressed opposition.

He said the move is a small step toward greasing the wheels for wind energy, and renewables in general. But there are bigger hurdles to overcome.

All powered up, and no place to go

Various projects are under way across the region to develop wind, solar and other forms of renewable energy. Among them are the Cimarron solar project in northern New Mexico, the Kit Carson wind project in central Colorado and the Colorado Highlands wind farm in northeastern Colorado. Those are all projects of Tri-State, a wholesale electric power supplier serving – despite its name – Colorado, Nebraska, New Mexico and Wyoming. Together, the projects are expected to generate over 180 megawatts (mW) of energy, enough to power the equivalent of over 50,000 homes.

And in some areas of the state, utilities are working to strengthen or expand transmission lines to connect new energy projects. Tri-State is building a line between Burlington and Wray, on Colorado’s eastern edge where Kansas and Nebraska meet. Another transmission project has gotten started near Telluride, though it’s slow going because crews can only work in the summer months.

Closer to home, Tri-State Generation and Transmission Association is proposing the San Juan Basin Energy Connect Project, involving a single, 230-kilovolt transmission line from the Farmington area to Ignacio, Colo. That project is winding its way through environmental review.

Transmission lines are a necessary but costly reality for Colorado’s utilities, with price tags approaching $1 million per mile. Trouble is, there are plenty of other areas in and around Colorado where wind and other renewables could be built out – but where there are no transmission lines to carry the energy.

“Colorado is strongly challenged for transmission lines by our geography,” Karsian said. “Because we’re right on the edge of the Western energy grid, we’re really limited on where we can send our power. We need to send it to the Front Range.”

But in order to do that, utility companies would have to get power lines across southeastern Colorado, specifically through the now-famous land of billionaire Louis Bacon, who has remained stanchly opposed. Tri-State hasn’t stopped brainstorming ways to get power lines to the region – they say transmission is needed there even for the sake of regional power stability – but Xcel Energy has given up for now.

“It became way too complicated,” says Xcel spokesman Gabriel Romero. “It just wasn’t worth it.”

Expensive future?

Romero said the distribution of power through adequate transmission lines is a definite challenge. But from where he’s sitting, there’s an even bigger one looming: money.

The longstanding federal tax credit for wind power expired at the end of 2011 – and so far, Congress has made no moves to renew it.

“You’re talking about a 30 percent tax credit for builders of wind farms,” Romero said. “That’s huge.”

He said with the subsidy in place, wind has been comparable in price to natural gas. Without it, it’s possible that utilities will begin passing up opportunities to buy wind power in favor of cheaper alternatives, leaving wind-energy builders high and dry.

For Xcel, such a scenario is not such a big deal; the investor-owned company is easily on track to meet its state-mandated goal of generating 30 percent of its power from renewables by 2020, with wind power it’s already secured at great prices – including a 400 mW wind farm expected to go online in the next year west of Denver. But plenty of people could lose jobs if the wind industry takes a significant hit, he said.

“I think it would be highly unlikely that [the feds] don’t find some way to subsidize the wind energy,” he said.

“That’s a really large number of people who will be out of work, assuming they’re going to have to start closing plants. All you can really do is speculate.”

What’s brewing close to home?

Besides the large-scale renewable-energy projects that are springing up across the state, many smaller ones are ramping up locally. Here are a few home-grown examples: La Plata Electric’s 5.8-megawatt Williams Four Corners waste-gas plant was one of the first significant distributed renewable-energy projects, alongside the 4-megawatt Trailblazer waste-heat recovery plant in Holyoke.

La Plata Electric is building a photovoltaic project at the Durango uranium waste disposal site. At 4.5 megawatts, the facility will generate enough energy to power about 1,000 homes.

San Miguel Power and the Clean Energy Collective have partnered to develop a one megawatt, community-owned solar facility in Paradox Valley; it could be completed by summer.

Wind generation, small hydroelectric projects and biomass production make up a growing renewable portfolio at Empire Electric Association in Cortez. Earlier this year, Empire added a 72-kilowatt Red Wagon Energy project, on a 1-acre site in Mancos.

Published in April 2012

Furse wants closer ties with law enforcement

WILLIAM FURSE

William Furse

William Furse, an area defense lawyer, is the Republican front-runner for District Attorney for the 22nd Judicial District, which includes Montezuma and Dolores counties.

Because there is no Democratic challenger, the DA election will be decided during the Republican primary on June 26. Only registered Republicans can vote in this election.

Furse defeated incumbent DA Russell Wasley for the party’s preferred candidate during the Feb. 24 Republican General Assembly, garnering 57 percent of the votes and earning the top spot on the ballot. He will likely face Wasley, who had a pending petition to get onto the ballot; at press time it could not be confirmed whether Wasley had enough valid signatures to qualify.

Furse, 33, has a law degree from John Marshall Law School in Chicago, and has practiced law in Colorado for seven years working as a private attorney and a public defender, including for the Ute Mountain Ute Tribe.

He is campaigning on a platform of more collaboration between the DA’s office and law enforcement, stiff prison sentences for violent criminals, an improved juvenile court and a renewed focus on rehabilitation programs for drug addicts.

Furse told the Free Press it is paramount for the DA’s office to communicate effectively with local cops most familiar with specific crimes being prosecuted. He said keeping closer ties with officers from the Cortez Police Department, Dolores and Montezuma County sheriffs, local marshals, the Colorado State Patrol, federal law enforcement and the Ute Mountain Ute police in Towaoc benefits public safety.

“Right now there is not a close working relationship between the DA and law enforcement, and one of my first priorities will be to re-build that relationship,” Furse said.

“When the DA does not work closely with officers to prepare for trial, motion hearings and general litigation, then you are neglecting a huge part of the process.

“During court hearings I see officers frustrated because they have not had the opportunity to prepare with the DA or because they are there unnecessarily; they seem excluded from the equation. This needs to change. Law enforcement has gathered the information necessary to prosecute cases and a DA cannot be effective if he does not maintain a working relationship with them.”

District attorneys prosecute cases involving a variety of criminal acts — from the most violent offenses, such as murder and assault, to DUIs, burglaries, drug dealing, drug abuse, property damage, and traffic violations. Furse believes different approaches are required for prosecuting violent crimes versus nonviolent crimes.

Plea bargaining, a legal maneuver in which a defendant pleads guilty to a lesser charge with a specific sentence to avoid a trial, should not be offered for certain violent offenders, he said.

“A plea bargain should not be an expectation of the offender. As a prosecutor, I believe that certain crimes of violence and specific habitual offenders should not receive the benefit of a plea bargain,” Furse said. “We are experiencing an increasing number of violent crimes here, and I believe this is due to a lack of a deterrent effect coming from the current DA’s office.

“As DA I will not be reluctant to go to trial in order to take violent criminals off the streets for as long as possible. Consistently harsh sentences for violent individuals will deter them from committing future crimes, and I don’t see this strategy being utilized in this jurisdiction.”

Regarding specific non-violent offenders, Furse believes rehabilitation and community service saves the expense of jail time, gives offenders — especially youth — a second chance, and deals directly with the societal problem of drug and alcohol addiction.

“Drug addiction, in particular methamphetamine use, is a huge problem here and I think you need to have a real deliberate rehabilitation approach to these types of crimes,” Furse said. “Rather than institutionalizing addicts and perpetuating their existence in the system, I feel it is important to utilize available treatment programs. For certain non-violent offenders, using pro-social sentences such as public service tailored to an offender’s job skills is also a good fit.”

The criminal justice system can be particularly harsh on younger people making extraordinary mistakes. Furse said for non-violent youth offenders a special effort should be made to prevent them from becoming felons, a “scarlet-letter for life” that limits future employment, promotes a criminal lifestyle, and disenfranchises people from society.

“We need to find ways to sentence them that keep them out of the criminal justice system and promote positive participation in their community,” he said, adding that it costs taxpayers approximately $50,000 per year to incarcerate one prisoner.

A priority for Furse is to improve the juvenile court system and re-open youth diversion programs. The closing of Montezuma County Partners, a support system for at-risk youth, leaves a gap in the community justice system, he said. Reviving a youth diversion program is critical in order to “take the juvenile out of the court system and into a restorative- justice, community-based program that prevents someone from being institutionalized in the courts.”

Furse points to his knowledge and love of law, experience as a public defender and “zealous determination” in the courtroom as reasons he will serve the public as an effective DA.

“As a defense attorney, I know the strategies and tactics unique to that position, and knowledge of those skills will translate effectively to the prosecution side,” he said. “It’s like being traded to a different team, not unlike Tim Tebow. When he plays Denver, he’ll know the ins and outs of their playbook, and as a prosecutor I’ll have that advantage as well.”

Published in April 2012

Incumbent Wasley proud of record as DA

RUSSELL WASLEY

Russell Wasley

A career prosecutor with 12 years’ experience, District Attorney Russell Wasley is ready and eager to serve citizens of the 22nd Judicial District for another term.

And despite failing to make the ballot during the county’s Republican assembly on Feb. 24, Wasley was not deterred, garnering the required 869 signatures in six weeks’ time to petition onto the June 26 ballot.

At press time, the signatures still had to be confirmed by the Colorado Secretary of State, but Wasley is confident voters will have the chance to vote him in for another term.

He will face Republican William Furse in the June 26 Republican primary election, which will decide the race because there is no Democratic challenger.

“I’m optimistic that I’ll be on the ballot, and then it is up to the voters,” Wasley said during an interview.

Wasley, 55, worked with former DA Jim Wilson until his death in a motorcycle crash in May 2010. Gov. Bill Ritter appointed Democrat Mac Myers to complete Wilson’s term, and Wasley left the office. Then Wasley defeated Myers in the fall 2010 election.

Warming up to his passion for prosecution, Wasley speaks earnestly in an unassuming, straightforward way about his successes putting violent criminals behind bars.

“During the 2010 election, I promised voters justice for habitual offenders and career criminals, and I believe that I have accomplished that,” Wasley said. “For habitual felons, we were able to use Colorado enhancement statutes to get tougher sentences, and that is an appropriate and effective tool for prosecutors.”

For instance, someone committing a felony after three prior felonies can receive a sentence of four times what would otherwise be the maximum.

He said his track record shows that he is willing to go to trial to convict individuals who commit the most heinous violent crimes. In 2009, Wasley and then-DA Wilson successfully convicted Ignacio Rael during a trial for the second-degree murder of Rael’s girlfriend, Diane Cordova, in 2008.

“The victim was physically beaten to death, and we got the maximum sentence of 48 years for Mr. Rael,” Wasley said. “That was an extraordinarily serious and tragic case.”

Wasley handled the successful convictions of two men who robbed the Cortez Giant Convenience store March 31, 2011.

“Those cases did not end up in a plea bargain, they went to trial, and one offender went to the department of corrections for 14 years and the younger of the two was sent to the youth offender system.”

DAs are often criticized for offering too many plea bargains for offenders. Wasley explained that some plea-bargaining is necessary because it is impossible to send every case to a jury trial.

“I wish there were enough weeks in the year to take more cases to a jury trial, but given that we filed approximately 240 felonies in 2011, there has to be some plea-bargaining because there are not enough judges or prosecutors to try every case,” Wasley said.

Wasley said for violent crimes, when he does offer a plea bargain it contains stiff penalties.

“For example, we recently had an individual who pled to attempted second-degree murder, and his sentencing range will be between 18 and 20 years in prison. Also another individual recently pled guilty to first-degree burglary and that agreement has a sentence of 20 years. So, when a tough plea bargain with a stiff sentence is accepted by a defendant they are taken out of the community for a significant length of time. That guaranteed result protects the community.”

Wasley said the 22nd Judicial District is one of the smallest offices in the state, but the area has a heavy case-load. In 2011, he said, the office handled approximately 2,000 cases, including 240 felonies, 700 misdemeanors, more than 1,000 traffic cases and at least 60 juvenile cases.

A chronic problem in this area is methamphetamine use and crimes associated with it such as trafficking, burglary and violence. Controlling the craze for the illegal drug requires a dedicated effort, Wasley said.

“Meth is an extremely serious and dangerous drug, it is a poison and people who sell, or possess it with intent to distribute will be rigorously prosecuted and that is a focus of our office,” he said.

Pursuing additional funding outside the county budget and seeking extra help from the attorney general for serious crimes is key for rural districts to be more successful, he said.

His office applied for grants from the Department of Justice to hire an additional prosecutor and investigator specializing in sexual-assault cases. “We try and take advantage of everything we can to make sure we have appropriate staffing, because with a growing case-load anything I can do to create more prosecutorial resources on behalf of our community, that is a good thing,” he said.

Although he would not comment on the murder of Jonathan Hayes, who was found dead Jan. 14 near Dolores, Wasley noted that he reached out to the attorney general’s office for assistance because of their expertise in prosecuting homicides.

“We are proud to have help from a highly experienced assistant attorney general in this case, and there is no charge,” he said. “I am not ego-driven, I am a fairly modest person, so I think it is important to recognize that rural DA’s offices should make use of whatever resources are available.”

Published in April 2012

A new candidate enters the commission contest

GREG KEMP

Greg Kemp of Mancos has announced that he will run as an unaffiliated candidate for county commissioner. Photo by Gail Binkly

Greg Kemp, a longtime champion of land-use planning and government transparency, will run as an unaffiliated candidate for the Montezuma County Commission seat open in District 3, the Mancos district.

He will be vying with Larry Don Suckla, another unaffiliated candidate planning to run in that district. If both are successful in petitioning onto the ballot, they will face the winner of the Republican primary in the November general election.

Kemp told the Free Press his top issues include economic development, government transparency and accessibility, and being a full-time commissioner.

The latter is particularly important today, he said. “I feel that now it does a disservice to the people of the county not to be a fulltime commissioner, because everything has gotten more complex. There are a lot of boards the commissioners are supposed to serve on and issues to keep up with.”

The current commissioners, who are all involved in running personal or family businesses in addition to their positions on the board, don’t have time to do their jobs properly, he contended.

For example, he said, the commission failed to comment on the Forest Service’s original travel-management plan for the Boggy-Glade area – a plan that proved to be highly controversial – and thus did not have standing to appeal the agency’s decision.

“The Dolores County commissioners made comments during the comment period, but our commissioners didn’t even look at it until it was too late. I think that’s an example of how they’re not able time-wise to put the kind of effort into the job that it really requires nowadays.”

He also said he believes the commissioners don’t come to meetings prepared. “My impression is they read reports at meetings that they should have reviewed ahead of time, or when it comes to planning issues, they’ll ask the planning director to give them an overview. They should have already done an overview themselves.”

Kemp pledged to be accessible to citizens and to have office hours if elected. He would also like to schedule some public hearings and other key meetings in evenings.

Kemp moved to the area in 2001 and has since become a familiar face at commission meetings and public hearings, having attended more than 100 such meetings. He was one of the founding members of the Montezuma Vision Project, a group that worked for increased land-use planning but that has more or less gone dormant.

However, Kemp still believes improvements need to be made to the county’s landuse code – in particular in regard to zoning. “The lack of zoning is one of the issues that is hindering growth and economic development,” he said.

As an example he cited the Stringer warehouse south of Mancos. Jay Stringer, who started out in 1992 with a machine shop in the same location, has said he came to the county planning department after the landuse code was adopted in 1998 and asked for his 52-acre tract to be zoned commercial.

Instead, he was advised to select AR 35- plus (large agricultural) zoning. Under that zoning, a high-impact permit has to be obtained for operations that exceed certain standards.

In 2004, Stringer sought and received a high-impact permit to build a 30,000-squarefoot expansion onto his warehouse. Neighbors objected and some filed suit; in November 2007 the Colorado Court of Appeals found that the county commissioners had erred in granting Stringer the high-impact permit because, “the right to continue the use does not include the right to enlarge the use.”

“Mr. Stringer did everything the county told him to do,” Kemp said, “until his operation got so big and so obtrusive and he wanted to expand it, and residents said this was an intrusion on their property rights because this is a real agricultural area, and they sued and won. So this guy did everything the county told him and now he has a milliondollar investment out there and he’s not using it and there’s no guarantee he could use it again. Its use was discontinued so it’s no longer grandfathered in.”

Another example of how a lack of zoning is hampering development, Kemp said, involves the graffiti-covered building south of Cortez that used to house the M&M Truck Stop. Out-of-state investors wanted to convert it to a chain motel, he said, “but as soon as they found that the land is unzoned, they decided they didn’t want to take the time and money to invest in this property with no guarantee they would be able to get the necessary zoning.

“They decided to just move on down the road, and now we’re left with what’s become kind of an eyesore, because it is unzoned.”

Kemp knows that the concept of zoning is not popular with everyone in the county. His opponent, Suckla, has said he thinks the county has already gone too far with regulations. But Kemp believes the county’s current system, under which people can remain unzoned if they choose, has created confusion and ill will among neighbors.

When the LIZ system was adopted in 1998, there was a sign-up period for people to zone their property. However, if they chose certain zones, such as small-lot subdivisions or commercial, they also had to get county approval. Many people didn’t understand that and thought they were already zoned for a certain use, only to learn later that they weren’t.

Kemp said establishing zoning is also important for the real-estate market. “When somebody comes into the county, they see the signs saying, “Montezuma County is zoned,” so they look into the parcel of land they’d like to build a retirement home on. They find out the land around it is not zoned and say, ‘Before I invest my life savings here, I’d like to have some idea what’s it’s going to look like around me.’

“That’s not to say I would never allow development because I don’t have that right, but I’d like to give people an idea how things might stay, within the range of development potential.”

A lingering and contentious issue is visual blight. Kemp said the best way to deal with it is through voluntary measures, not regulations. “Visual blight is a real issue but it is in large measure in the eye of the beholder,” he said. “The best way to control it is by positive reinforcement when something is cleaned up. This is a rural area and outside of positive reinforcement I don’t know there is much we can do.”

Kemp said he has chosen to run as an unaffiliated candidate because it will allow him to best represent all of the county’s residents if he not allied with one political party. He said the county’s interests have not been served as well as they could be because, since January 2005, all the commissioners have been Republicans.

But Kemp said this board has done some good things. They have been financially prudent, he said, and made a wise decision in purchasing the First National Bank building so they could create more courtroom space – as mandated by the state – without having to build a new structure.

This board has been good about publishing county agendas and other information on the web, he said. Also, they directed the planning commission to resolve the issue of unzoned properties and they implemented the state plumbing code. “We always had the state electrical code,” Kemp said, “but plumbing wasn’t enforced, and now it is. And despite the outcry when it happened, there hasn’t been any resistance to it once it’s taken effect.”

Kemp said promoting wise economic development is a key interest of his and that he recognizes its importance. “Everybody has a Not in My Backyard attitude, but quite frankly, development is going to happen. It’s the responsibility of the commissioners to make the best effort they can to have it be as unintrusive as possible for the neighbors.”

He does believe the county needs to be more proactive in seeing whether businesses and industrial operations are adhering to requirements placed on them, rather than merely reacting to citizen complaints.

As a member of the Montezuma County Economic Development Association, Kemp helped to keep the Four States Ag Expo in Cortez when its organizers considered moving to Farmington, N.M., several years ago. He said he is an ardent supporter of agriculture but sees its future as moving toward more small-scale operations.

He also believes in cooperation and communication, particularly when it comes to the Forest Service and BLM, and believes most issues about road access can be worked out. A good example was the recent decision by the Forest Service to grant an easement to the county for the Red Arrow Mine road near Mancos.

Kemp and Suckla cannot start circulating petitions until April 9. They have to collect 320 signatures from registered voters in order to get on the November ballot. The petitions must be turned in June 4.

Kemp has a web site at www.vote4kemp. com. He can be reached at 970-560-3898.

Published in April 2012

Does the GOP own Montezuma County?

It’s been 10 years since any Democrat was elected to a county office in Montezuma County.

Back in 2002, two made it. Sandy Greenlee was chosen treasurer, and Joey Chavez was re-elected as sheriff.

But Greenlee lost her next bid in 2006 to Republican Sherry Dyess, and Chavez resigned in the middle of his term and was replaced by Republican Gerald Wallace.

Since then, all the county’s elected officials — commissioners, assessor, sheriff, clerk and so on — have been from the GOP.

And the one-party lock stands a good chance of continuing. At press time, there were six Republicans vying for two open seats on the county commission. Dewayne Findley and Casey McClellan are on the ballot in District 3, and Tim Hunter had turned in petitions to join them. In District 2, Keenan Ertel made the ballot, Pat DeGagne-Rule petitioned on, and Bud Garner had turned in his petitions. The number of valid signatures for Garner and Hunter had not been confirmed. No Democrats or Greens are running, although two unaffiliated candidates — Greg Kemp and Larry Don Suckla — have said they will try to petition onto the general-election ballot in District 3.

The Republican lock on the county has prompted a lively discussion about, first, whether Democrats and Greens should switch parties in order to vote in the primary — and second, whether they should bother changing back, since so many local races are decided in the primary rather than the general election.

“I switched several years ago to vote in a Republican primary, and that’s still where the action is,” said Chuck McAfee, who ran for county commissioner as a Democrat in 2002 but lost. “I never switched back.”

He said he isn’t shy about telling people he’s a Republican. “I do it every chance I get. I don’t have any problem acknowledging that.”

He sees nothing strange or unethical about belonging to the party, even though it isn’t the one that would best reflect his values.

“The laws are clear, and I’m not violating anything. I have an opinion that on a national and state level, a lot of political effort goes into trying to limit access to the polls, and to me this is kind of fun, to know I can get around some of that by switching parties.

“Plus it makes me feel like I’m doing more than being a bystander.”

Tazewell Vass, owner of the Dolores Food Market in Dolores, became a Republican in 2006 to vote for Wallace as sheriff in the primary.

He urges all his left-leaning friends and acquaintances to switch over and has been sending out e-mails with a link to a state web site where voters can change affiliations.

“Let’s face it,” he said. “Our election for commissioner will probably be decided in the primary in June.”

But he’s encountered some resistance, and he blames it on political laziness.

“Some Greens and liberals and Democrats are relieved that they don’t have to vote — that’s been my perception,” Vass said. “I talk to some of them and their eyes glaze over. They don’t want to have to make the effort to get educated about the commissioner candidates, even though they know there are some of them they would prefer over others.”

This year Vass went a step further and became a delegate to the Republican county assembly. “I went to our precinct caucus here at the Ponderosa restaurant and we elected 13 delegates to the assembly. I was fifth [in the voting].

“I’d never been to an assembly before. It was weird.”

The Republican assembly turned out to be turbulent. For instance, in the voting for district attorney in the 22nd Judicial District, former Democrat Will Furse received 80 out of 140 votes cast and made it onto the ballot, forcing incumbent DA Russ Wasley to have to petition on. Vass was one of Furse’s supporters.

“I had Republicans yelling at me, because you can change 30 days before the caucus [and vote in the caucus]. I said, ‘I’ve been a Republican since Gerald Wallace’.”

Vass said his message to locals on the political left is: “You want the Republican party to be more moderate? Then show up.” Though some traditional Republicans are dismayed by the idea of Democrats infiltrating the party, others are saying, in effect, come on in — the water’s fine.

DeGagne-Rule, longtime chair of the Montezuma County Republican Party until she resigned to run for commissioner this year, said she understands Democrats’ motivation to switch.

“If they want a voice on who’s going to be in office, they do need to change parties,” she said. “If you truly do vote for the person, putting your party beliefs aside, you’re going to have to change in order to have a voice.”

Likewise, Judi Lichliter, president of the Montezuma County Republican Women and a member of the executive board of the Republican Central Committee, said, “That’s something that people have done and I think it’s their personal call. I think a lot of them in the past have made it quite clear that’s what they’re doing, to vote in the primary for a person they support.

“Some became Republican delegates to the assembly and some just flipped back. That’s acceptable. That’s their prerogative.

“I don’t have much of a problem with it until they affect the whole system and get it off keel.”

County Clerk Carol Tullis said people have indeed been switching, but so far there hasn’t been a huge surge of them.

“Every primary election we have people switching,” she said. “I can’t say that there’s been a big flood so far. We’ve had a lot of unaffiliateds declare a party – we’ve had more unaffiliateds change than Democrats to Republicans.”

People who are registered in a party can change their affiliation through May 25, either by going to the clerk’s office and filling out a short form or by going online to the Secretary of State’s web site.

Unaffiliated voters can declare a party affiliation at any time, even at the polls on the day of the primary election.

No one is certain why Montezuma County has gone all red in recent years. There have been Democratic commissioners in the past — Kelly Wilson was elected in 1996 and re-elected in 2000. Certainly this is a conservative county, but it is also diverse. As of press time there were 8,234 Republicans and 4,441 Democrats in Montezuma County, according to the clerk’s office. (Numbers of unaffiliated voters were not available, but are generally between the Republicans and Democrats.) Montezuma County also has 49 Libertarians and 64 registered Greens along with one of the most active Green Party chapters in the state.

And Dolores County to the west, which is at least as conservative, has a Democrat on its county commission. Ernie Williams was re-elected in 2008 with 67 percent of the vote.

Just across the state line in San Juan County, Utah, a Democratic sheriff, Rick Eldredge, unseated the incumbent Republican in 2010.

“I’m not sure why,” said DeGagne-Rule when asked about the Republican monopoly. “I’d like to say it’s because of all the good things the Republicans do, but I don’t think that’s it. I do think we’re more active and maybe more organized.”

Bill Grimm, chair of the Montezuma County Democrats since early 2011, said he thinks the Dems’ losing record in a string of commission races has contributed to the decline of the local Democratic Party. A number of Dems have tried hard to get on the board but have fallen short, usually with about 40 percent of the vote. Fred Blackburn came the closest in 2008, getting 46.5 percent against incumbent Larrie Rule.

In addition, Grimm said, there has been a lot of “negativity” directed at Democrats in recent years. Blackburn experienced vandalism not only to some of his signs — which is a perpetual problem for any candidates locally — but to other personal property, Grimm said. “It wasn’t pleasant.”

And 2008 “was tough for Democrats in this county anyway because there was a lot of not just perceived racism, but racism,” Grimm said. He said one day a bunch of Democrats were gathered outside their headquarters on Main Street for an appearance by Sen. Mark Udall. “A pickup roared by with a couple of men in it and one of them yelled, ‘Nigger-lovers!’ at all of us.”

Along that line, Blackburn had the word “burn” scribbled out on many of his signs, Grimm said.

And the night of Obama’s election, a group of middle-schoolers walking happily along Main Street waving flags after the results were announced reported that a man in a pickup blocked their path crossing a street and yelled obscenities at them.

“I think that kind of stuff has actually created a sort of fear factor in Democrats, that they don’t want to get exposed like that,” Grimm said. “In politics, that kind of stuff goes on and you have to have a thick skin or you’re not going to last. And whether incidents like that would turn into anything substantial is another question. But some people don’t want to stick their necks out.”

While DeGagne-Rule said such incidents are terrible, she thinks Obama’s election hurt local Democrats in a different way. “I do think Bill [Grimm] is right that what goes on in Washington trickles down to everything here, and I think Obama has been an awful president and that hurts the party he’s with.”

Grimm sees a problem in that the left locally seems to be splintered. “Some people want to talk about the Move to Amend [which opposes corporate influence in politics], some want to talk about health care, some are into Occupy Wall Street. We have so many blood lines of Democrats, it’s crazy. Republicans had just a few issues they were able to focus on and stay focused.”

As party chair, Grimm said he can’t switch, but he wouldn’t anyway. “I feel there’s a certain disloyalty to my own views, even though I’m not going into it to be a Republican, just to vote in their primary. There are still some basic issues I have with the Republican Party stances – I wouldn’t be proud of myself.”

And, Grimm said, some of the current local Republican candidates are “very decent people.”

“We’ve had all Republicans in there for years and we’re all still alive,” he said. “Everything is still working. At this point I think it’s just important to get good people in office, regardless of their party, as long as they’re thoughtful and have integrity.”

Vass, however, thinks people’s reluctance to switch parties is nonsense. “My take on changing over is, you’re not going to burst into flames. If you don’t vote in the primary, that’s where the commissioners will probably be chosen, with all due respect to our unaffiliated candidates.”

No unaffiliated candidates has been elected to a Montezuma County office in recent memory.

“I’m sick to death of not being represented,” Vass said, adding that Democrats, and unaffiliated voters together make up a majority of the county. “If we had some balance in this county, if we had a strong Democratic Party, you would stay a registered Democrat and participate in the Democratic assembly.”

He also noted that a few votes can make a difference. In 1994, Sherman Kennell won the Republican primary by 8 votes and went on to become Montezuma County’s sheriff.

“When people say they can’t see themselves as Republicans,” Vass said, “I tell them, ‘Don’t call yourself a Republican. Call yourself a voter’.”

Published in April 2012

Walking the dogs

I never imagined myself as a Rec Center type. I bicycle gravel roads when the weather allows me to ride, and I own a secondhand elliptical exercise machine, tucked into a corner of the barn for those inclement days. When I want a rock-climbing experience, I hike on a mountain or in a canyon, and when I’m feeling like a treadmill, I go for a fast-paced walk around our magnificent city park.

I shower regularly, and I’ll admit to occasionally holding my face close to the shower nozzle and pretending I am doing the breaststroke in an Olympic-sized pool, right beside Michael Phelps. That’s me, the cheap type.

My last few trips to the park, however, convinced me that maybe I’m not so different, I mean not so different from those who purchase either an admission to or a membership at our local Rec Center. I thought these were the people who were the health conscious members of our community, those who set a high exercise standard and a rigorous, disciplined lifestyle for their physical and mental well-being.

I could be wrong about that.

When it’s cold I’ll often pick up a fastfood lunch and sit in my car at the Rec Center parking lot, watching the geese while I’m eating my meal, before setting off for a brisk walk. My dining experience in the shadow of that facility always makes me feel guilty, because the parking lot is usually crowded, and all the people I can’t see are inside working out. What am I doing? Well, I’m not eating right and I’m planning to take a measly walk.

Then I take my trash with me from the car to stuff it into the Rec Center’s trash bin. What do I see? The can is packed solid with bags from Taco Bell, Wendy’s, McDonalds, KFC, Arby’s, Subway, and Pizza Hut. So now I know: A good portion of the people inside are working off their guilt, just like me!

Talking trash about the people inside is not my intent, though noticing the garbage bin makes me feel better. Inside or outside, it makes no difference, so long we all try to do something constructive about our health, but it’s the force that drives us to exercise I’ll never understand, a determination to take control of our health despite (or maybe because of) the indulgences that make us human.

Guilt is a mysterious thing. Recently I made an appointment to see a doctor, not having been to see one in two years. I was feeling fine, not experiencing any dicey symptoms, communicable diseases, or even pertinent medical concerns, but my guilt gene must have been acting up.

I tried working out a little harder for two weeks before my appointment, fearing my indiscretions would show up in some freaky vital sign, but in the end the doctor concluded I was in fairly good shape for my age. She could not, however, cure me of my guilt pains.

News reports claim only 50 percent of Americans exercise for 30 minutes at least three days per week — not good news for our nation’s health. But I can find no survey that goes as far so to ask the respondents if they feel guilty about not staying active. I’d be willing to accept a million-dollar government grant to do some research in that gray area, to discover if a healthy dose of guilt in the human psyche leads to obesity or fitness.

On my walk around the park, I begin by feeling stiff and a bit achy, but then, after about a mile, I start to warm up. I think a mile is the distance it takes to overcome the resistance over having forced myself to exercise in the first place. After a mile my mind wanders, and I am not necessarily responsible for failing to notice a neighbor waving to me from the opposite direction, or for stepping out into traffic at a busy intersection, or for putting my foot into what a perfectly uninhibited dog left steaming on the sidewalk. I am finally free of that human impulse to worry, even about my health.

That ends, of course, when I get back to my car. While dozens of the Rec Center types are inside putting on their street shoes, I’m outside taking mine off, holding the befouled pair at arms’ length, then cramming them into the garbage can while no one’s looking, telling myself as I hobble toward the car that they were worn out anyway.

David Feela writes from Montezuma County, Colo.

Published in David Feela

Dear Mr. Jefferson

Sunday mornings on KSJD there is a show, “The Thomas Jefferson Hour.” Jefferson scholar Clay Jenkinson acts the part of the late president for questions and conversation. Given Jefferson’s knowledge of fruit, I could not refrain from sending this to him:

Dear Mr. Jefferson,

I will not attempt to gather round me the clouds or the currents that allow this conversation to be possible; I will accept what I cannot understand. Since I am afforded this opportunity I respectfully submit to you questions concerning the propagation of fruit.

Of all of this which we share, from your Virginia to my Colorado, these states still united, we are joined by the crisp bite of the apple, the ethereal flavor of the pear, the bursting transcendence of the peach. Some of that which was in your orchard still exists in my orchard.

In between your time and my time was a great dominance of fruit in America. The observant work of your time, seeding, budding, grafting, allowed more than 16,000 varieties of apples to fill orchards across this imaginative land during the 1800s.

You, sir, lived in an informational age. Word could be transferred in print or in person across the globe. Yours was a round world united.

I too now live in an informational age. Technology has allowed a monsoonal deluge of fact and fiction to travel the world through fibers of light in a near-instant fashion. I live in a compressed world connected.

Though not in perfect symmetry, I live roughly as far from you in time as you lived from hand-written books and the flat earth. The distance between you and me is not just one of time but of a people separated from their agricultural heritage by industrial revolution and this informational technology.

My questions for you are not for trivial reasons, nor from a curious sense of knowing. By the end of my century, food production must be doubled to feed the population of our world. But currently we farm through non-sustainable models of monoculture requiring direct tax subsidies and an abundance of non-renewable resources. As a people we are killing ourselves with an excess of processed calories made cheap at taxpayers’ expense.

But in this there is potential for a small revolution. If we can do more to feed ourselves by the strength of our backs and the resolve of our character, will we not become the republic that you have imagined?

If this will be our time and our calling, then a recollection is in order so that we might piece together that which was known but is now forgotten. The cultivation of fruit belongs to every man. A homeowner with but an apple tree or a farmer with a diverse orchard can be equally sustained by the wholesome goodness of fruit.

On your farm you had many fruit trees — from where did they come? Did they come to you bare root from a nursery? Did you do your own budding and grafting? Who if any on your farm budded or grafted fruit trees? Did you teach slaves to graft? How about women? From where was the knowledge of grafting attained? Which types of grafts did you employ? What tools were used and who made them? As you traveled, at home and abroad, did you seek out orchards and orchardists? What did you learn from them? What books did you have on the subject? In your reading did you ever come across the origins of the graft — that place and time where person and plant, tool and technique united to such purpose as to create life from life?

I ask these questions with great respect for your time and knowledge. Please illuminate as you can.

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

Published in Jude Schuenemeyer

Losing power over our own government

Thanks to the U.S. Supreme Court’s Citizens United ruling, which made corporations into people, we the voters have lost the power to pick our leaders. The candidates will, through the influx of foreign and domestic money contributed by anonymous super-PACs, become beholden to the corporations instead of the average person.

Let’s face it: A $5 million contribution up against my $5 contribution doesn’t leave much doubt about which one the candidate will favor.

In the end, the votes of lowly citizens like me will mean as much as those purple fingers in the Iraqi elections. “Citizens United” should have been labeled “Citizens Getting Screwed.”

The right to vote in any meaningful way is slipping away from us. If Citizens United is allowed to stand, the whole idea of “one person, one vote” will become a joke. If money is speech, then some people have a whole lot more of it.

Like thieves, the corporations steal our rights, leaving no fingerprints or clues to their identity behind the forces influencing our elections. If we choose to accept this it makes us complicit in their crime.

Millions have died, suffered injury and been imprisoned to earn the right to vote. Now we are dumbly letting it be stolen from us.

We are at a critical time in our history, deeply in debt to a communist country, our economy in the tank, thanks to our own ignorance.

The super-PACs are pitting us all against each other while they secretly work to gain control, and once that happens there is no place to set sail to with another Mayflower in the search for the freedoms we once won — liberty and justice for all.

Look at the current Republican presidential race, with the corporate pawns scrambling to do their masters’ bidding, falling all over themselves trying to get bigger and bigger tax cuts for the wealthiest 1 percent and the mega-businesses that then turn around and finance their campaigns through the Super-PACs.

When anyone dares to question why the “haves” should get even more, these candidates bleat, “Class warfare! Class warfare!” Then they get back to figuring out how they can enact some more corporate welfare.

No, we don’t have a perfect person in the White House. There was only one perfect person in history and the powers-thatbe nailed him to the cross with the blessing of those he was trying to help.

We need to realize that a president is not a dictator. It is Congress that is to blame for much of what is wrong with our country. If you value your liberty, standard of living and your right to vote, get well-informed before you head to the polls. It could be your last election.

Capitalism is not corporatism. No matter what the Supreme Court says, a corporation is a board-run enterprise. A capitalist, on the other hand, is your neighbor, grocer, auto mechanic, bookseller, and the owner of your small coffee shops and mom-and-pop stores. Don’t let the megacorporations put them out of business.

There is a move afoot nationwide to amend the Constitution to undo the Citizens United decision and establish that corporations do not have the same rights as individuals. Ask your legislators and congressional representatives whether they support this. Demand that they do.

God bless America. I hope he does after the way we have abused it.

Galen Larson writes from Montezuma County, Colo.

Published in Galen Larson

An inch and a mile

Question: What do you get when you give any politician or authority an inch?

Answer: Two inches of greater latitude for whoever comes after him — until you reach the place where we now find ourselves: miles from the land of civil liberties.

The encroachment, once gradual, has become bold, as leader after leader grabs fistfuls of our rights and tells us it’s for our own good. In recent memory, George W. Bush was by far the worst offender — his watch brought us the PATRIOT Act, black sites, torture (yes, we did), and a detention camp for suspected terrorists in Cuba so as to escape the awkwardness of according them due process. But Bush is not the only offender; of late, the Left’s knight in shining armor and others have taken Bush’s proverbial inch and made it into the proverbial mile.

Last December, President Barack Obama inked into law a defense act that allows for the indefinite detention of U.S. citizens. Washington, D.C., attorneys general chose to continue a 2005 fight over whether police can use a GPS to spy on a suspect without first having a warrant.

The nation’s high court made the right call on the latter. The president utterly failed us on the former. And, state-by-state, your constitutional rights are under assault as officials embrace DNA-collection and drug-testing without probable cause.

• Obama signed the National Defense Authorization Act into law with a caveat — a signing statement — and expressed reservations about it. The signing statement only addresses how his administration will interpret the provisions of NDAA, and, of course, is not nearly enough. The ACLU correctly deemed his signature as a “blight on his legacy,” and also correctly noted that military detention of U.S. citizens is “unconstitutional and illegal.”

The NDAA allows “detention under the law of war without trial until the end of hostilities authorized by the Authorization for Use of Military Force,” according to Section 1021.

“That is the very definition of ‘indefinite detention,’ and the statute could not be clearer that it vests this power,” said Glen Greenwald, writing for Salon, who also quibbled with interpretations holding that the bill does not apply to U.S. citizens.

Section 1021 does not, he said, but Section 1022 allows the president to order the detention of anyone he deems to be a member, part of or associated force of al-Qaeda, and who he believes has participated in a planned attack or an attack. The section “not only authorizes but requires that they be held ‘in military custody.’ … the definition of who it covers does not exclude U.S citizens or include any requirement of foreignness,” Greenwald said.

Congress responded to the indefinite-detention provision of NDAA with the Due Process Guarantee Act in 2011, which is something, especially since both Democrats and Republicans have signed on as co-sponsors. The response of the American people? Few of us are marching in the streets about it, while most have ceded the inch (and so many more inches) with no regard for the long-term consequences.

• About six years after Antoine Jones was imprisoned based on police GPS surveillance conducted after a warrant had expired, the U.S. Supreme Court in January came back with the only just ruling possible: that D.C. police violated his Fourth Amendment rights.

This seems so obvious, yet despite a refreshingly unanimous ruling, news reports have been chock-full of the “nuances” of the case — because, you see, we live in a digital age. The Washington Post put it this way: The question is how government can use info obtained from high-tech gadgets and systems for surveillance purposes.

Americans disclose a lot of information “in the course of carrying out mundane tasks,” Justice Sonya Sotomayor wrote, while Justice Samuel Alito mentioned travel data kept by toll booths and OnStar technology available for most cars now on the road. He seemed to be of the mind that using GPS for long-term monitoring was the greater issue.

But the issue is really quite simple. If the police want to know what toll road I used, they can get a warrant. If they want to know what phone numbers I’ve called, they can get a warrant. If they want to monitor me through OnStar, they can get a warrant — whether it’s for a second of spying, or years. Of course our Founding Fathers did not envision GPS and other technology! But the essential wisdom that they enshrined in the Constitution is timeless: people shall be secure from prying eyes when those eyes cannot produce a good reason for the spying.

I applaud the high court, but I wish justices would have more emphatically said three simple words: Get a warrant. No slapping GPS devices onto cars without one. No flimsy reasoning about whether the vehicle in question was in a public or publicly accessible place at the time the device was placed on it. Get. A. Warrant.

Another danger of allowing our leaders to run roughshod over our civil liberties is that it encourages lower levels of government to give it a whirl:

• First, state authorities, with a warrant, took your DNA if they had probable cause to believe you had committed a specific crime, or they collected it after felony conviction. Then, in the name of truly unfortunate murder victims, states began passing laws requiring a DNA collection to be taken at the time of a felony arrest.

There’s no real assurance that DNA won’t be profiled and compared to databases before the contributor has been convicted of a felony, even if it’s supposed to just be stored, pending case resolution. (And what happens if there is a “hit”— but the underlying case that allowed DNA to be taken is resolved as a misdemeanor or results in an acquittal? Can the DNA be used as the basis for a new case?) Some states have begun collecting DNA samples when someone is arrested on misdemeanors. What’s next — traffic infractions? You never know — maybe that guy who just ran the stop sign is a serial rapist! We don’t need no stinkin’ probable cause.

Especially repugnant: Requiring welfare beneficiaries to take drug tests. The move is afoot in Colorado, and has been floated in other states. It’s hard to understand what practical purpose such a law could serve. At a minimum, it adds costs to taxpayers who fund welfare programs. In reality, there is no practical purpose.

The requirement is designed to stick it to the people whom the better-offs presume to have “bad habits,” because otherwise, they would not be poor! It asserts ownership over other human beings: “If you want my help feeding yourself, you have to prove you are innocent of a crime to which I cannot tie you.”

Although the technology that would be used is cutting-edge, the idea of drug-testing welfare recipients is straight from the Stone Age. Poor people are entitled to civil liberties, too — that’s why rights are called “inalienable.” The mere fact that people are signing up for the dole does not indicate they have been using illegal drugs, and it should not be sufficient to force them to testify against themselves with their own bodily fluids. Put simply, poverty is not probable cause.

And don’t even start with that “if you’ve nothing to hide, you’ve nothing to fear” codswallop. That isn’t the point. If it were, nobody would object to scrapping the Fourth Amendment altogether.

Other fans of drug-testing welfare recipients seem mightily offended that they themselves have jobs and yet have to take a drug test — so why not the welfare “queens”? But that’s precisely the problem: Drug-testing without probable cause is a violation of a person’s rights, employed or not. (With the exception of professions whose workers are directly responsible for public safety.) People shouldn’t be outraged that welfare recipients don’t have to take drug tests. They should be outraged that their employers can force them to.

When we in fact “lose our country,” it won’t be to “liberal” onslaughts or “conservative” assaults, socialist plots or the like. It will be because we forgot liberty’s price: Eternal vigilance. It will be because we forgot the inch = mile mathematics of government.

Katharhynn Heidelberg writes from Montrose, Colo.

Published in Katharhynn Heidelberg

Seeking funds to fight fire

CORTEZ FIRE DISTRICT MILL LEVY

Firefighters battle a blaze Feb. 24 at a modular home near the Eagle Claw Liquor Store on Highway 491 south of Cortez. The home and the possessions inside were saved. Photo by Rob Hall / Cortez Fire Protection District

Fire and rescue services are a type of community insurance that help mitigate life’s inevitable disasters.

For the Cortez Fire Protection District, safeguarding a growing population comes with rising costs, prompting a proposed increase in the group-coverage rate.

The district, which covers a residential and business population of 14,000 people in and around Cortez, will ask voters in May to approve an additional 3.5 mills on the special district’s tax rate, levied against market property values. Currently, the mill levy is set at 6.5 mills.

If the request is approved, an additional $500,000 per year would be added to the district budget to hire more staff to cover an increasing volume of often-overlapping emergency calls, pay for firefighter equipment and training, and help to replace outdated fire engines.

“Between 2008 and 2011 we saw an increase of 1,000 calls, and that is due to a bigger population, and an aging population,” said Chief Jeff Vandevoorde. “A lot of our calls are for emergency medical service, and more recently the calls for people needing help — from traffic accidents to structure fires — come back-to-back.”

Crews can be stretched thin during simultaneous calls for assistance, he said, and the extra funding will allow the district to expand its manpower and respond better to multiple emergencies.

According to a five-year plan stipulating how the extra funds would be spent, an additional firefighter would be added to each station shift, bringing the total to four emergency personnel, plus trained volunteers on call.

The increased firefighter need is attributed to more people, expanding subdivisions, increased traffic accidents during tourism season and deteriorating buildings. In 2008, the district responded to 440 emergencies. In 2009 the number more than doubled to 1,086 calls. Last year the Cortez fire crews responded to 1,585 calls for service.

“It would be a big help for the community to put more people on duty, because we won’t have to wait for volunteers to come to the station and get more vehicles out when we get multiple calls,” Vandevoorde said. “Without a mill-levy increase, it would be hard to get the equipment we need and we could be looking at cutting manpower.”

Extra revenue will help ensure that there are paid firefighters at the station 24/7 to cover emergency calls more quickly, fire officials said. (See Free Press, Nov. 2007, https://fourcornersfreepress.com/ news/2007/110702.htm)

That improvement of in-house emergency staff has paid dividends for public safety, explained Assistant Chief Charles Balke.

“A prime example is when we responded to a person with cardiac arrest last year and were there within a minute and half. We brought him back from a lethal rhythm, and he survived. If it had gone a couple more minutes without life-saving intervention, he would not be here today,” Balke said.

In another instance last month, having paid staff in the station allowed crews to quickly respond to and extinguish an attic fire, saving most of the residence, Balke said. Without the paid crews, volunteers would have to take critical time to arrive at the station from home or work.

The availability of an extra firefighter on shift due to the increased mill will improve response time and fire-crew safety, especially in rural areas, officials argue.

“The advantage of the extra firefighter is that we will have the staff at the station to send out an engine and a water truck, at the same time, into the rural areas that don’t have the water supply,” Balke said. “Doing it right now with the limited staff causes increased safety concerns because there is a time-frame in which we’re waiting for additional equipment. Our priority is the community, and also to make sure our personnel go home safely because the job is dangerous.”

For a house with a market value of $100,000, the proposed tax increase of 3.5 mills translates to $27 more per year. It’s $41 extra for a $150,000 house and $55 more per year for a $200,000 home.

The last time the District raised the mill levy was in 1994. When that mill-levy sunset, the voters approved continuing it a the lower rate of 2 mills in 2002. The fire district’s budget is directly tied to the market value of property taxed within the district boundaries, and those values have been plunging lately. The result for the 2011-2012 budget is an $80,000 shortfall, officials said.

“We are not like Empire Electric or the recreation center, who can raise rates to offset rising costs,” Vandevoorde said. “Our budgets keep going down, while the costs and demand keep rising, so we are asking for the public’s help.”

Firefighter safety is also at stake, officials said, and gear must be updated to comply with the National Fire Protection Association. Equipping staff with heavy-duty protective suits, oxygen breathers, helmets, radios and thermal-imaging cameras cost more than $7,000 per firefighter.

National standards also dictate the lifespan of fire engines, and Cortez has two that are approaching that replacement deadline, according to the fire district. Fire engines cost between $400,000 and $600,000 and ladder trucks can run up to $1 million.

Part of the five-year plan is improving training for hazardous-materials accidents. Highway 160/491 is a major hazardous-materials corridor, and having the certification to clean up toxic substances such as radioactive and toxic chemicals to deadly gases and flammable fuels is critical, officials said.

“Every day we have extremely hazardous products being transported right through our community,” Balke said. “Being somewhat isolated, we have to look at ways of upgrading our hazardous-materials response capability, and that benefits everybody.” Participants in the Citizens Fire Academy, including this reporter, watch a truly dreadful video on the dangers of too-little training on hazardous materials.

A camera mounted in a police cruiser shows an overturned tanker spewing chlorine gas with the driver lying dead on the road. Unaware, the officer rushes into the cloud of white smoke to provide medical assistance, but falls to his knees and is killed within seconds from the deadly gas.

A few moments later, fire crews arrive, and the video shows their restraint in entering the scene until suited up with proper suits and oxygen tanks.

Saving lives and property requires expensive equipment, involves extensive technical and medical training, and is labor-intensive, officials say. The community insurance pool that funds the Cortez Fire Protection District makes it happen, and it pays dividends for citizens when misfortune inevitably comes knocking.

“We have a very specific five-year plan on how to spend the money and that is a promise we will keep. We encourage the public to come in and take a look at it, so they know we are not asking for a blank check,” Vandevoorde said.

“As a full-service department, we are not just firefighters. We also do emergency medical, special rescue, hazardous-materials response, inspections, community education, CPR training and the Citizens Fire Academy.”

The mill-levy proposal will be part of a mail-ballot election for district residents. Voters must turn in the ballot by May 8.

Published in March 2012

Sunflower crops are here to stay

SUNFLOWERS NEAR DOVE CREEK

Sunflowers flourish in a field near Dove Creek, Colo. Despite the shutdown of a processing plant there, oil-seed crops are still popular with area farmers. Photo by Wendy Mimiaga

Despite the closure of the San Juan Bioenergy plant in Dove Creek, Colo., two years ago – and its uncertain future – sunflower and safflower crops appear to be here to stay.

Between southwestern Colorado and southeastern Utah, acreage planted in oilseed crops has been holding steady, even since the plant’s closure in October 2010.

Dan Fernandez, who recently retired as the CSU extension agent for Dolores County, said local growers have been planting around 15,000 to 18,000 acres a year. And researchers at the Southwest Colorado Agricultural Research Center in Yellow Jacket continue to perform extensive tests of various oil-seed varieties, to see which grow best in the area and offer the highest yields.

The oil-seed crops have “a place here, especially under dryland conditions,” Fernandez said. “They’re tough crops.”

The crops’ hardiness and drought tolerance aren’t the only points in their favor, either, points out Bruce Riddel, manager at High Country Elevators in Dove Creek. A company out of California has emerged as a faithful and steady buyer for safflower and sunflower harvests – and the successful, family-owned company has been building a solid reputation with local growers.

Specialty market

Dave Hoffsten, the sales manager at Arbuckle, Calif.-based Adams Grain, said it’s a third-generation, family-owned company – but that doesn’t mean it’s small.

“We contract all over the world,” he said. “The U.S., Mexico, South America, Europe. There are about four major safflower producers in the United States, and we are one of them.”

The company focuses on specialty oils including organic, non-genetically modified, and expeller versions of various vegetable oils. Of the organic oils produced in the United States, Adams contributes 60 percent. The company is selling to manufacturers that use oils in everything from salad dressings to massage oils.

High Country Elevators’ Riddel said the company is a boon for growers in Southwest Colorado and southern Utah. Adams wants crops with high oleic, or monounsaturated, acid content. That translates into oil that can withstand temperature fluctuations during transport, processing and cooking. Out of all the oil that’s produced, high-oleic oil accounts for about 3 percent. So while farmers in eastern Colorado and Kansas have been selling harvests with lower oleic-oil content to larger companies, local farmers are happy to grow for Adams’ specialty needs – and premium compensation.

“I think our farmers here, conventional and organic, are benefitting tremendously,” Riddel said. He estimates that last year, farmers in Southwest Colorado grew 3,500 acres of conventional high-oleic sunflower crops, and another 1,000 acres of organic crops.

“I’m going to guess safflowers, mostly in Utah and mostly organic, were probably 8,000 to 10,000 acres,” he said.

A good fit

According to CSU Extension reports, sunflowers were grown in Southwest Colorado in the 1970s, but were abandoned due to low commodity prices and long distances to processing plants and consumer markets. That changed recently, both with the twoyear run of the San Juan Biodiesel plant and the emerging relationships between local growers and Adams Grain.

Abdel Berrada, an extension agent at the Southwest Colorado Agricultural Research Center in Yellow Jacket, has been co-authoring reports for several years on growing experiments with sunflowers, safflowers, canola and camelina. The latter two crops haven’t yet caught on with local growers, but there are potential markets for them. Besides the usual tests of yields from various seeds, Berrada said, experiments are also under way to fit the crops to local growing conditions.

“One issue we are working on is ‘how does sunflower fit in dryland crop rotations in our area?’” he explained in an e-mail.

“Sunflower has deep roots that can mine soil moisture and nutrients down to seven feet or more based on published work; thus there may not be much moisture left in the soil after sunflower. This is obviously a concern in our area given the generally low and erratic precipitation we receive from rain and snow.”

Berrada and his colleagues are trying to find out how often they can grow sunflower in the same field – they’re looking at every three or four years – without negatively impacting soil and crop productivity. They’re also exploring which crop sequences that include sunflower work best.

“We have also been studying the response of sunflower to limited but targeted irrigation application and to nitrogen application rates,” he wrote, adding that he’s analyzing those results right now. Following peer review, he expects they’ll be publicly available by late spring or early summer.

San Juan Bioenergy: The sequel?

The San Juan Bioenergy plant opened with much fanfare in late 2008, with an initial goal to produce biodiesel from sunflower, safflower, and canola oil. Plans changed when prices dropped for fossil fuel, forcing the plant to sell all its oil to refineries for processing as food-grade oil. The byproduct from the seed-oil extraction was marketed as feed meal, and plant owners tried to burn the hulls, leaves and stems for heat and power.

Two years after the plant opened, its owners blamed financial hardship and a tanking economy for its closure.

Fernandez, the former CSU extension agent for Dolores County, now serves on the board of the Dolores County Development Corporation (DCDC). He was also on the board of San Juan Bioenergy before it went defunct. The DCDC has an interest in the plant because it sits on their property, Fernandez said.

“We’re trying to find somebody who may be interested in starting up the plant,” he said. “We’ve got one individual who’s now starting to check out the infrastructure, the facility, and is thinking of having a growers meeting. He would probably like to remain anonymous at this point, but he did meet with us.”

In the best-case scenario, the plant wouldn’t be reopened this season, Fernandez said, especially since local growers are already making their planting decisions.

But in general, “We are hoping that long term we don’t end up with two slabs of concrete out there. We want to get the plant restarted.”

High Country Elevators’ Riddel said the San Juan plant had had a welcome role with local growers – but now that Adams Grain is firmly on the scene, any new plant will have to run a tighter ship than San Juan Biodiesel did.

“What San Juan did was create some competition, so they didn’t have to put all their fruit into one basket,” he said. “With Adams, what we found is they’re a tremendous company. They’re easy to work with.

“With San Juan Bio, there was some mismanagement. Sometimes the growers had to wait three to six months to get paid, whereas with Adams Grain, as soon as I collect all the weights and send that information to the office in California, they write the guys a check.”

Published in March 2012

A battle over Utah Navajos and redistricting continues

UTAH NAVAJOS REDISTRICTING

Leonard Gorman, executive director of the Navajo Nation Human Rights Commission, receives audio recordings of meetings of the San Juan County, Utah, commission from county clerk Norman Johnson on Feb. 21. Photo by Sonja Horoshko

A dispute over access to recordings of meetings of the San Juan County, Utah, commission was resolved in February when county officials turned over some requested recordings to the Navajo Nation.

However, the long-running disagreement over redistricting that prompted the request for the recordings remains contentious.

On Feb. 27, the Navajo Nation and the Navajo Human Rights Commission filed an amended complaint to a lawsuit brought in mid-January against the commissioners and clerk/auditor of San Juan County, Utah, regarding redistricting in the three-district county.

According to Brian Barnard, litigating attorney for the Navajos, “We dropped / postponed a request [in the original suit] for an immediate order to prevent elections based on the current map, but the suit continues.”

A hearing was set for April on the original lawsuit, but that has now been postponed in light of the upcoming amended complaint. No new hearing has been set.

Gerrymandering by race?

The county hasn’t been redistricted in 30 years, since a consent decree that mandated how voting should be done in order to ensure fair representation for the Navajos living in the county.

However, in 2011 Leonard Gorman, executive director of the Navajo Nation Human Rights Commission, began pressing the commissioners to redistrict to reflect numbers from the 2010 census.

On Nov. 14, San Juan County commissioners adopted a new apportionment map that defines the voting districts to be used in the November 2012 election.

The Navajos’ complaint alleges that as a result of the adopted map, Native American voters – who reportedly make up 50.4 percent of the total population of the county – are packed into one voting district, District 3, represented by current Commissioner Kenneth Maryboy, a Navajo.

The suit alleges that the district is racially gerrymandered and contains an unnecessarily excessive supermajority of Native American voters, so that the votes of Native American voters inside and outside of the district are unlawfully diluted.

The Navajo Nation has reservation lands in both Districts 1 and 3 and fee lands in District 2 of San Juan County. Members of the Navajo Nation who reside in the state of Utah and in San Juan County are eligible to vote in the county, and are registered to vote as citizens of the United States and Utah.

County Clerk Norman Johnson used voting precincts to make apportionment adjustments to the county map. The county commission map in use today resulted after the U.S. Department of Justice sued the commission in 1983, which was at the time elected through at-large voting county-wide.

The 1983 complaint said that although there were then some 4,500 Navajos living on reservation land within San Juan County, no Indian had ever been elected to the county commission, and the board was “unresponsive to the needs and desires of the Indian community.”

The resulting consent decree required that District 3, in the southeast corner of the county, be created to give Navajos the chance to elect a representative of their choice. District 3 is populated entirely by Navajos, and only people living in that district vote for that commissioner. The remaining two districts likewise vote within their own district.

After the 2010 census, Johnson adjusted the districts using census blocks overlaid on voting precincts. His map shifts Cedar Point and Ucolo precincts in the northeast corner of District 2 into District 3. This left Navajo communities lying outside District 3 basically unchanged and with Anglo majorities.

Gorman and others with the Navajo Nation have sought a redistricting that would reflect the Navajo-majority population by having two districts with a Navajo majority.

A redistricting map drawn by the Navajos used 2010 census blocks to divide the county into commission districts of 4,915 people each. The Navajo map was proposed at a commission meeting in September 2011, but no action was taken on it.

The commissioners have said they opposed it because, among other reasons, the new configuration divides the town of Blanding among the three districts. The commissioners say they work hard to represent Navajo interests and that the county had never redistricted since 1983 because they were following the terms of the consent decree.

The Navajo proposal caused a controversy in San Juan County, with letters to the editor in local papers largely opposed to their proposed map. Citizens voiced concerns about turning over the county’s purse strings to people who don’t pay county property taxes when living on the reservation.

There is also a general feeling that, if two Navajos were to be elected to the county commission, they would be likely to change some of the policies of the established board, which is conservative and Republican.

Some locals have said that the county should return to voting entirely at-large, a move the Navajos oppose.

The Navajos’ amended complaint alleges that the adoption of the commissioners’ map on Nov. 14 made Native American ethnicity the predominant factor in creating and/or maintaining the district boundaries that San Juan County intends to use in upcoming elections. The complaint says this disregards traditional redistricting principles, including the concept of “community of interest,” a provision of the federal Voting Rights Act that must be kept in mind when redistricting.

The dispute over open records resulted from a request by Gorman on behalf of the Navajo Nation for audio recordings of all commission meetings since August 2011.

Johnson denied the initial request and said that a county attorney would need to assess the recordings before releasing them.

The Government Records Access and Management Act, GRAMA, Utah’s records law, states that written minutes and recordings of open meetings are public records and must be released within a reasonable amount of time. However, a provision under the Utah Open and Public Meetings Act states that a public body must make a re cording of an open meeting available to the public within three business days.

‘The official record’

Written minutes of the meetings can be found on the San Juan County web site. However, audio recordings contain a more complete record of discussions and public comment. The minutes are much briefer and more general, describing the amount and length of public comment, but not specific remarks.

The issue escalated after Gorman met with Navajo Nation attorneys to discuss the initial denial by Johnson. It resulted in a second request asserting their right to public records under Utah Open Meetings and GRAMA procedures.

Members of the Human Rights Commission announced that they would be appearing during the public-comment time at the Feb. 21 commission meeting in order to clarify the reasons for the refusal and to get the denial of access into the public record.

At the beginning of that meeting, Commission Chair Bruce Adams startled onlookers by requesting that all recording devices in use by the public and media be turned off. “The written minutes are the official record,” he said, adding that the county’s recording is the official audio recording.

But Neil Joslin, editor of the Blue Mountain Panorama, reminded the commissioners, “This is a public meeting and I’ve been recording these meetings for years.”

And Marilyn Boynton, a Blanding resident, asked if they had checked with a lawyer. “I think the request to turn off recording devices is illegal at an open meeting.”

Johnson explained that the official audio recording is done by his office staff and is available to the public. He acknowledged that his office has some technical problems around uploading the audios to their web site where interested parties could download them.

But when asked about the time that would be involved in producing the audio recording of the present meeting, he couldn’t guarantee it would be available that day. “I want to provide it as fast as I possibly can.”

Adams then rescinded his request that personal recorders be turned off. “We’re not going to violate the law here.”

Complying with the law

Johnson had informed Gorman before he spoke at the Feb. 21 meeting that the county had prepared the requested CDs.

Then, for the record, Gorman addressed the commission concerning Johnson’s initial delay in producing the requested audio records and inquired about the process to obtain public information.

Adams said, “State and county GRAMA are the same thing. Whatever the GRAMA law states, we want to comply. There is certainly no intent on the part of San Juan County to destroy or do away with records or not make them available.”

Gorman asked the commissioners if the county has a specific open-information law. “We can’t override state law,” Commissioner Phil Lyman replied.

By early afternoon, Johnson turned over the audio recordings of the Nov. 14, 2011, and Jan. 23, 2012, meetings to Gorman. He also produced copies of the sign-in attendance sheets at each meeting.

Johnson gave the same audio recordings and sign-in sheets to the Free Press. When asked about the number of GRAMA requests his office receives, Johnson said it is a lot. He added, “I abide by the law. If I deny the request then there is an appeals process.”

When asked about his decision to hand over the records, Johnson said, “It was the GRAMA request, and learning from other state clerks that the record of public meetings should be made readily available to the public as soon as possible.”

Adams told the Free Press, “It was such a more unusual request than anything we had previously dealt with, and Mr. Gorman has been making such new requests, that now our audio is on the web. Everything is available immediately and we’re in compliance.”

Far-ranging discussion

The Navajos had sought the recording of Nov. 14, 2011, meeting in particular because they believe there remains some dispute as to whether the commission properly adopted the new district map.

The recording of that meeting shows Gorman and a delegation from the Utah Navajo area appealing to the commissioners to go back to the redistricting process and use census blocks to apportion the commission districts.

Referring to Ucolo and Cedar Point districts, Gorman said during the meeting, “You just don’t redraw this one little area and everything is hunky-dory. How many of the precinct lines correspond with the census blocks?’

“It’s real unfortunate to hear the level of opposition, the level of emotion expressed by the county commissioners,” said Clarence Rockwell, former executive director of the Utah Navajo Commission and a citizen of Aneth, Utah.

“We Navajo and other Native Americans make up over 50 percent of the SJC population and all we’re trying to do here is get maximum opportunity out of the voting rights act. Community of interest is a major concern. We’re asking to bring it to the table and improve our representation.”

Commissioner Maryboy stated, “All we’re asking is to look at the options and exercise our rights to do what we can to participate in the election process. I represent the Navajo people and the county. Change is scary, change is good and we have a court decree sitting here. It’s ten years. That’s where we’re at. At this point in time the NNHRC is involved. Who can we pick as a committee to work with Gorman? I recommend we look at census blocks.”

Maryboy made a motion to use census blocks. It died for lack of a second.

Additional discussion followed. Finally, Adams temporarily passed the commission chair to Maryboy (because the chair cannot make a motion) and made a motion to move the Ucolo and Cedar Point precincts to District 2. That motion passed 2-1, with Maryboy voting against — although the written minutes on-line, “Commissioner Phil Lyman seconded the motion. Vote unanimous. [Italics added.] Commissioner Kenneth Maryboy opposed the motion.”

In the audio recordings of the Jan. 23 meeting, there was a far-ranging discussion on the redistricting controversy. Monte Wells, a county resident, expressed his concerns about the dual citizenship of Navajos in the county.

“The Navajo Nation is a sovereign reservation set up to govern itself. The laws are set up to do just that, protect them from non-Indians or whatever it may be,” Wells said.

“That’s what the original thing was, they don’t fall under the same protection as the constitution. It just doesn’t apply to them. That’s why they have their own judicial system. .. So how can they come into the county that is definitely under the U.S. Constitution and not sovereign? How is this possible? Why do we even care? “

Adams explained to Wells that the Navajos are under “some kind of dual citizenship since the treaties. There’s some kind of tie there and that’s different than an illegal immigrant from Mexico or Canada.”

“The federal government owns reser vation land,” added Wells, “and that’s the vested interest in the reservation. The tribe don’t own that land…. For the county to put up with that, for the taxpayers of San Juan County to foot the bill for education, EMS, everything else and now we’re getting suited because they want a different voting district. We’re paying for ourselves to be sued. It ain’t fair. … It’s reverse racism.”

Commissioner Lyman then said, “This lawsuit really has really nothing to do with fair voting rights – one man, one vote. It’s another example of, if left to our own selves in San Juan County we’re really good at getting along with each other, but you get a politically motivated party from outside the county that comes in and wants to dictate and force us to do things that are not in our best interest, it does nothing but create problems.”

Published in March 2012

The race for county commission heats up

PAT DEGAGNE-RULE OF CORTEZ AND TIM HUNTER OF MANCOS

Pat DeGagne-Rule of Cortez and Tim Hunter of Mancos both say they will petition to get onto the Republican primary ballot to run for the county commission in their respective districts after failing to get on during the county assembly. DeGagne-Rule will face Keenan Ertel and possibly Bud Garner, who is also starting a petition drive. Hunter will face Dewayne Findley and Casey McClellan, a surprise entry in the contest.

It’s a grand old time to be a Republican in Montezuma County, with a slew of candidates vying for votes in primary races for two slots on the county commission, and no threats on the general-election horizon from either Democrats or Greens.

There is expected to be at least one unaffiliated candidate in the District 3 fray, Larry Don Suckla, but the GOP stands an excellent chance of maintaining a lock on the three-member commission that stretches back to 2004, when the last Democrat, Kelly Wilson, left the board.

Three commission candidates garnered enough delegate votes at the Feb. 24 county assembly to seize a spot on the ballot for the June 26 primary, while three others have pledged to try petitioning onto the ballot and will be gathering signatures.

In keeping with conservative traditions, most of the current candidates are talking tough about the Forest Service and BLM and expressing distaste for government regulations, but there are definitely different shades of red in their views.

District 3

The local chapter of the Tea Party/9-12 Project reportedly flexed some muscle at the county assembly, resulting in a floor nomination for a previously unannounced candidate, Casey McClellan, in District 3, the Mancos area. McClellan wound up with 39 delegate votes, second to Dewayne Findley’s 63. Both of them automatically make the primary ballot, while a third District 3 candidate, Tim Hunter, won 26 votes and will have to petition on.

McClellan said when he went to his precinct caucus, he had ruled out the idea of running, but a few days later a man told him he could be nominated at the assembly.

“I spent five or six days thinking things over and decided I was going to do it,” Mc- Clellan said. “I’ve had a lot of support over the last couple of years, people encouraging me to run.”

He was pleased by his showing at the assembly. “It was a roll of the dice and I feel great that it turned out that way.”

McClellan, who served 3 1/2 years on the county planning commission, is a co-owner of McStone Aggregates, a gravel company. He also is involved in Timberline Properties of Colorado, a real-estate investment and development firm. He was one of the developers of a controversial proposal to build an energy-waste disposal operation near Hovenweep National Monument that was ultimately rejected by the county in 2009 and is now planned for a remote location in Dolores County.

McClellan said he sees no potential conflicts between his business interests and serving on the commission, although some people have raised that issue.

“I can’t vote on my own projects. Anything I want to do I’d like to get done before going into office. But I almost feel like mine are tougher to get through for one reason or anything – I certainly have been unsuccessful,” he added wryly.

McClellan is a staunch advocate for motorized recreation and helped to form Timberline Trail Riders, a pro-motorized users group, in 2006. The group submitted comments to three travel-management plans proposed on public lands in the area.

Issues surrounding Forest Service and BLM lands, and access thereto, are one of McClellan’s priorities. “There a lot of oil and gas leases on public lands, logging and grazing, hunting, and access affects all of that,” he said. “I don’t think there’s enough coordination [between the agencies and the county].”

Last year the county commissioners created an advisory group, the Montezuma County Public Lands Coordination Commission, to research road and access issues, but McClellan, who is an alternate on that group, said he doesn’t think it can accomplish much.

“It’s the wrong group. It can’t succeed because it doesn’t represent all of us.” That’s why he is part of a citizens’ group called the Southwest Public Lands Coalition, he said. “It’s a large group and it’s designed so we all look out for each other and all users are represented.”

However, environmentalists aren’t represented because “we’re all trying to preserve our uses on the national forest and what I’ve seen of environmentalists, they just want to eliminate the uses.”

Beyond motorized access, a major county issue has been land-use planning, with the commissioners considering land-use-code amendments that would place a zoning designation on all the unzoned properties in the county, in most cases by zoning them for their current use.

McClellan opposes that idea, saying he sees no problem with property being unzoned if owners choose. Besides, being unzoned actually limits uses.

“It only allows you historic uses, so it’s pretty restrictive,” he said. “If you force somebody to rezone, you have opened things up to a whole bunch more uses.”

McClellan will have a tough opponent in Findley, who served as a county commissioner for District 1 from 2002 to 2006, when he lost his re-election bid to Steve Chappell. Findley and his wife have since moved to the Mancos district, and after much thought he decided to run again.

“I wasn’t sure I wanted to go back to it, but then I kept thinking somebody should jump in the race besides Tim [Hunter]. He’s a nice guy but I don’t think he represents all our Republican values. And I felt like I had work I wasn’t done with.”

Land-use planning is one example, Findley said, and an area where the candidates disagree. “Casey proclaimed at the assembly that ‘unzoned’ was a zoning classification, but it’s a classification with fewer uses by right than any of the others.

“I don’t think you can make the statement that the county has zoning when 44 percent of the parcels [some estimates say more than that] in the county are unzoned.”

Findley said zoning is helpful when the commission has to decide whether a proposed development fits in with the neighborhood. “If it’s all unzoned, then no one in the area has a leg to stand on” in saying that something isn’t a fit, he said.

Findley said his views on land-use planning are probably more in line with Hunter’s than with those of McClellan.

However, Findley, owner of Aspen Wall Wood, agreed with McClellan that the county has to take a strong stance with the Forest Service and BLM. “I’ve had a 45-year career with timber and wood production dealing with them,” he said. “As soon as someone else’s ox is gored on motorized uses, then they’re front and center complaining about the Forest Service, but where have they been when I was trying to get timber sales?”

More recently, Findley was on the county’s Public Lands Coordination Commission but resigned because he felt the commissioners weren’t heeding the group’s recommendations.

He said he was disappointed that the 9-12 group felt the need to nominate McClellan and intends to reach out to them. “Their concern is, since I’m in timber and wood production and have Forest Service timber sales, I might put my interests first. I have to convince them I don’t have a moment’s problem taking on the Forest Service when needed.”

Hunter, who came in third at the assembly in District 3, offers a more moderate viewpoint than either McClellan or Findley. He said he will petition onto the ballot because “I have a lot to offer.”

“Casey has a specific agenda, and I don’t know that someone should be going into an office of commissioner with one agenda,” Hunter said. “Dewayne and I are more similar in our views, but I’m more current on the issues.”

Hunter, a builder, served on the planning commission until he quit to run for office last year. He worked to develop the proposed land-use-code amendments that would have zoned the county and implemented other changes, and was disappointed when the commissioners recently sent those amendments back for further work.

“While I was on P & Z, we spent three years at the behest of the commissioners to put together that plan and that proposal, keeping them fully apprised during the process, and I was frankly caught off guard when it got pushed back to the planning department. I think there’s a lot of good things in there.”

He said one of his fears is that a more libertarian commission will be elected and that board might roll back the land-use regulations in existence now. Planning is essential to economic growth, he said.

“In 2013 there will be a new assessment of property values and the assessor is expecting tax receipts to drop by 20 percent or more. If we don’t plan for the future to encourage business to come into this county we’re going to be suffering, and I think pulling back on the land-use code is putting a block on businesses coming here.”

The county relies on Kinder Morgan’s carbon-dioxide production for half its tax revenues, he noted, but Hunter said Kinder Morgan is going to reduce production in 15 or 20 years. Natural-gas exploration and production has largely fizzled out, too, creating a need for other types of economic development, Hunter said.

“I’m not opposed to drilling, but it shouldn’t be our ace in the hole,” he said. Hunter sees the controversy over public lands access as somewhat misguided. “I was a logger in one of my first careers, and there isn’t a logging sale out here that I would bid on.

“Access is a hot-button issue for a certain segment of our county, but there are a lot of roads in the backcountry. There’s nobody restricting access. When I see people saying, ‘They’re locking down the forest,’ I disagree.”

Hunter said he believes in the principle of limiting government interference, “but I think the current controversy is out of proportion to reality. I’m going to get nailed by the 9-12 faction for that, but tough.

“We need to have more collaborative relationships between state, federal and county agencies.”

Hunter said last year’s protests against the Forest Service did produce some good results in prompting more dialogue with the agencies, “but I’m saying the paranoia needs to stop.”

Hunter is chair of the local Friends of the NRA, which promotes gun safety and education. He is on the school board and the Mancos Valley Resources board and teaches junior shooting classes for local gun clubs.

He is a strong advocate for civil dialogue. “It used to be something that was lauded and approved, if you cold establish a broadbased political coalition to make things happen. Now, in some views that’s considered a sin. But you have to be willing to compromise sometimes.

“I’m a firm believer in our Second Amendment and the right to carry a gun, but I don’t want to have to.”

District 2

If the District 3 race is lively, the race in the Cortez district should be equally so.

The influence of the 9-12 Project at the assembly wasn’t enough to gain Bud Garner, former emcee of the local 9-12ers, a berth on the ballot, but he did place second in a four-way race, with 30 delegate votes.

As of Feb. 28, Garner was still mulling whether to petition on, but on March 1 he told the Free Press he had decided to go for it.

One reason to run would be to have actual debates with his opponents, foremost of whom is Keenan Ertel, who got 67 delegate votes and a place on the ballot.

“To Keenan’s credit, he won the battle of the yard signs, and of getting his people out to the precinct caucuses,” Garner said.

But Garner said he’s more up on the current issues than the other candidates because he’s been attending commission meetings for the past two years – sometimes as the only person in the audience. “I’m the only one that has been going to the meetings and been there for all their discussions,” he said.

Garner, an outspoken foe of government regulations, said if elected he would “absolutely” look at dismantling some of the landuse rules in place. “I would look to making the land-use plan less restrictive. I’m a minimalist in all that stuff.

“You don’t want people to be out there that don’t have an adequate septic system, but I think the health and safety issues should not require a book the size of the land-use code.

“I believe in personal freedom and sovereignty.” When it comes to liberty, he said, “where we’re really losing it is we have not been as strong as we need to be with the Forest Service and BLM.” The agencies are not following rules when they close routes and are “creating more wilderness areas for the sole purpose of locking that land away from use for natural resources,” he said.

Although Garner was undecided about trying to get onto the ballot, Pat DeGagne- Rule, who placed third in the District 2 voting with 26 votes, has already decided to go for it. (A fourth candidate, Stuart Hanold, received just 5 votes and will not be on the ballot.)

“I don’t have a set agenda. I think the way the county’s been run with our three commissioners now is working quite well,” she said.

As the wife of current Commissioner Larrie Rule, she might be expected to say that, but DeGagne-Rule said she often disagrees with her husband. For example, she didn’t think forming the Public Lands Coordination Commission was a good idea. “It’s the commissioners who need to come to the table, and I don’t think that PLCC has helped as much as they thought it would. I’m not for creating a lot of sub-boards,” she said.

Rule said she is a good listener and wants to be “the people’s voice.” Having served on numerous boards and as chair of the local Republican Party, she is familiar with the county and its people, she said.

DeGagne-Rule said she is comfortable with the zoning that exists now but doesn’t see the need to zone the unzoned properties. She said more input from the public is needed about land-use planning.

She favors negotiating with the Forest Service and BLM to try to work problems out. “We do have a comprehensive plan that spells out what we can do in our forest, and they need to follow that,” she said. “The people that have been very vocal – I don’t think they’ve really helped the situation. They might have had good intentions, but it’s gotten out of hand.”

She said the county assembly was “taken over by the 9-12 group and the sheriff ’s office. They did a great job at the caucuses getting their people on as delegates.”

The caucuses were packed because of the presidential straw poll, she said, and the attendees worked to get their supporters chosen as delegates first. Then they would close the voting. “I didn’t get many of my people on.”

If elected, DeGagne-Rule would be only the second woman ever to be a commissioner in Montezuma County.

“I seem to be having an uphill battle because I’m a woman, but I’m strong and I’m going to face it,” she said.

Keenan Ertel so far is not having an uphill battle. “I was more than pleased with the county assembly,” he said. “That went way beyond what I had expected.” Ertel said he has always wanted to run for the commission and finally decided this was the year. He was planning to retire from his family’s funeral business in the near future anyway. He comes into the arena with “a pure heart, no grudges and no axes to grind,” he said.

One of his priorities would be “making the land-use code a document that is understood by all.”

He has begun reading through it, “and they have everything between soup and nuts in there,” he said. I hate to see property rights trampled on by anybody, and I wouldn’t want more restrictions, because they have a lot in there.”

He said he doesn’t see a need to force people to declare a zoning designation for their property, but he isn’t familiar enough with the proposed code amendments to say whether he favors them.

He is also getting a “rapid education” in the Forest Service controversy. “We need to take a firm stand that says county rights and state rights are as important as federal rights. I’ve been watching what’s going on in Utah [in battling the federal agencies] and I’m very impressed with what’s going on there.”

Ertel said he looks forward to learning more about the issues. “I just want to be a good statesman for the people of Montezuma County.”

Published in March 2012

The Shipping Dues

Increasingly what we need we haven’t got and to get it to us requires a corporation. The Post Office just stamps its feet and continues to manufacture more boxes. I don’t know about you, but increased shipping costs make my health-insurance premiums appear more modest and affordable.

Probably the best delivery bargain left on the continent is still the U. S. Post Office’s single-ounce letter for 44 cents, but so few people write letters anymore. Email, texting, cell phones, Skype, and telepathy have all taken the place of a sincerely yours.

To take the sting out of repetitive rate increases, the Post Office issued what they call the “Forever” stamp, which means if you purchase, say, $10,000 worth of first-class stamps and squirrel them away in a dark drawer, theoretically, if trees, paper, and the Post Office still exist in 2025, you’ll be able to send your letter for the cost of a 2012 postage stamp. What a deal. Imagine the thrifty old folks leaving their unused Forever stamps to their grandchildren as part of their inheritance.

Another even more pessimistic interpretation of what the “Forever” stands for is the eternal truth that all you can be certain of is death, taxes, and that shipping costs will continue to rise.

UPS, Fed-Ex, DHL — they’re all in the same business. The U.S. Post Office is only the most prominent shipping carrier facing financial ruin. The private companies don’t have to submit their rate-increase proposals to anyone for approval. Their personnel smile more, but being cheerful has a price tag.

Recently I purchased a licenseplate mount for the front bumper of my new used vehicle. I couldn’t locate the proper mount locally, so I went to that digital warehouse called the internet to find one. The best price I found was just over $30, a competitive rate when compared with local auto suppliers’ prices, but this one fit my bumper perfectly. I ordered it, thinking I’d gotten a bargain.

When shipping costs were calculated, the total came out to over $50. The plastic mount weighed a total of two pounds, which included its packaging! I won’t even mention what County Clerk charged me for the license plate.

The cost of merchandise is steadily on the rise too, but more and more the monetary value of the product being shipped is actually less than the cost of shipping it. Carriers blame gas prices, which is a fair explanation, but it doesn’t account for all those gougers out there whose profit margins are jacked up by shipping “and handling” charges that exceed the actual shipping costs — a detail often hidden from the purchaser even after the package arrives.

I mention all this because reining in the escalating cost of shipping is a must, something that we as a consumer nation rely on more and more. Less and less of what we need is produced locally, or even within a reasonable distance from the place we call home, including the very food we put in our mouths. Santa Claus is not a workable solution, nor is the prospect of getting a Star Trek transporter beam online for the next generation.

Maybe what we need is closer to what politicians keep talking about with taxes, not just a flat rate but an equitable one. I mean, how can the businesses that send me a continuous stream of junk mail that clutters my mailbox ever afford to stay in business? Is it possible the residential shipping rates I’m paying are far out of whack with the bulk and commercial rates they’re paying? What about a little transparency along with those tracking numbers? What kind of mpp (that’s miles per package) is my little bundle getting by the time it arrives?

If we don’t fix it, the future of shipping might look like this:

“I’d like to ship this package, please.”

“Certainly. How quickly do you want it to arrive?”

“Standard shipping will be fine.”

“So you don’t care about the person who’s receiving it?”

“Of course I care.”

“Standard shipping is no way to show you care. May I recommend our triple upgrade.”

“I just want it to arrive in good condition.”

“Our triple upgrade guarantees that. The first upgrade makes sure it’s on the correct truck, the second upgrade discourages abusive drivers from handling your delivery, and the third upgrade triples your shipping cost.”

“Why would I want to triple my cost?”

“To show you care, in a non-awkward way.”

“I’ll stick with standard shipping.”

“That will be fifty dollars.”

“Fifty dollars? How much with insurance?”

“A hundred and fifty.”

“I’ll drive it there myself for a hundred and fifty dollars.”

“Excellent. If you’ll back up to the loading dock before leaving, we have a few other packages going in your direction.”

David Feela writes from rural Montezuma County, Colo.

Published in David Feela

A prize-winning peach from the past

You do not have to know much about the history of agriculture in Montezuma County to know that a peach from McElmo Canyon won a gold medal at the St. Louis World’s Fair. As with all legends, time passes, facts expire, memories change. In the end what is left becomes more myth than story; a prevalent mist lying low, allowing clear vision of all at hand but softening fixed horizons of place and time.

I remember taking friends over to the Gold Medal Orchard on such a day. Low clouds after months of clear blue sky, light through gray ceiling defining sandstone walls, pinon and juniper, ground broken by and tied to the few trees remaining. All of it seemed closer, somehow more at hand. This was the place, the Gold Medal Orchard.

1903 was to mark the centennial of the Louisiana Purchase, the quintessential event of America’s ascendancy into a continental republic. A great celebration was planned, a world’s fair.

The Louisiana Purchase Centennial Exposition opened in 1904, a year late so as to accommodate the extraordinary participation that was planned. The St. Louis World’s Fair, as it became known, occupied 1,200 acres. Forty-three of the 45 states participated, as did 62 nations.

It was known as the “world’s university.” Not since Adam and Eve and the fig-leaf loincloth had such a great percentage of the world’s inventors and inventions been assembled in one place. There were 1,500 distinct buildings for the crowds to fill.

And the people came – 20 million of them, give or take.

They walked down the “Pike” eating popcorn, waffle cones, cotton candy. They explored the Palaces of Mines and Metallurgy, Electricity, Education, Liberal Arts, and Machinery. They came to see and they came to learn. They came to experience and they came to understand. The industrial revolution was a child fully grown, the promise of its might realized. But we were still a people tied to the land in our not-so-distant past. The agricultural exhibit alone occupied 23 acres.

In the hundred years between Thomas Jefferson and Theodore Roosevelt there were Abraham Lincoln, the Civil War, displacement and division; the societal relocation from substance farmer to factory wage earner. By about 1900 the vast expanse of the West, and all of the free land that it contained, was used up. No longer could you travel out further and find a piece of land to farm, there for the taking, that you could call your own. It all belonged to somebody else.

Montezuma County was one of the last places to be settled. In the late 1800s James Giles took out a patent on 160 acres of land on the north side of Trail Canyon. Mr. Giles, later to be a county commissioner, brought in Jim Galloway to plant orchards on the property. Jim and his brother John also bought land and began planting their own orchards in the same part of McElmo Canyon. By 1903 Mr. Giles had sold his orchards, “the value of which it will require five figures to express,” to the Rev. H.R. Antes. Mr. Antes initially renamed the place the “Kadesh Orchards,” until the World’s Fair prompted a new renaming.

Winning a gold medal at the expo was a big deal. Think about Pillsbury Gold Medal Flour, or Jack Daniels Gold Medal Whiskey. It had the ability to make a place or product famous — world famous.

Records from the Louisiana Centennial Exposition appear scattered and fragmented, shards of facts more than vessels of truth. Documents state that Colorado won four gold medals for fruit, one of them going to Rocky Ford, the other three listed as H.R. Antes, exhibit of fruit; Galloway Bros., exhibit of fruit, and Montezuma County, apples and peaches.

There are stories of Mr. Antes submitting a Wolf River apple weighing 31 1/2 ounces, considered the largest ever grown, a wax replica of which was put on display in Washington, D.C. Many other silver and bronze medals were awarded to Montezuma County growers.

Mysteries still remain: What varieties of fruit were submitted? Where in Montezuma County did the exhibit of peaches and apples originate? What has become of the medals that were awarded? As they were not made out of actual precious metals, their market value is not high.

As with most of the early history of fruit cultivation in this county, memories and trees still live. Converting them into knowledge and award-winning crops is our great task remaining.

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

Published in Jude Schuenemeyer

Coolest of the cool

I just spent the entire day at a middle school basketball tournament. I actually really enjoy them and understand basketball a whole lot better than I do football. Plus I get to spend time with the other players’ parents who I rarely see outside of sports events.

But as I sat there, I noticed that Dolores, the hosting team, had cheerleaders. Honest to God, in uniform, performing routines and enthusiastically repeating words such as “rebound” and “aggressive,” cheerleaders.

Absolutely fascinating.

We don’t have middle-school cheerleaders in Mancos. Actually not even sure if we have high-school ones – all the girls I know are too busy playing sports.

But the point of all of this is that it reminded me of my school days when I was not only a cheerleader, but captain of the junior-high (seventh and eighth grades) basketball and wrestling cheerleading squad.

Oh yeah, I was hot.

Those were the beginnings of the incredibly awkward years when I was embraced by a small but great group of friends and we weren’t the total losers but we certainly were not cool. And the cool girls were the cheerleaders, and my friends and I desperately wanted to be them.

So in seventh grade, a few of us tried out for the squad, and, none of us was chosen. I have no idea why Cara or Elaine or Peggy didn’t make it but I know that since I couldn’t even do a cartwheel, the odds were stacked against me right from the start.

Devastated, we sat in our corner of the cafeteria wistfully admiring Sandy and Joan and Dawn drinking their Tabs in their cute blue-and-white jumpers surrounded by hormonal, zitty, awkward, sweaty-palmed, yet incredibly desirable basketball players. We drank milk, ate our homemade lunches and the only boys that talked to us were the ones who needed help with their math homework.

We went to every game, every match, and never took our eyes off the girls. We memorized each cheer, coveted the ability to pull off a round-off backhandspring, and sighed with envy every time Charlie Panzer, slippery with sweat, in slobbery mouth guard and hot unitard, waved to one of the gals from the mat.

At home, away from observing eyes, we relentlessly practiced those cheers, had each clap, each stomp mastered. We pretended we were on the sidelines, flirting with the players, the envy of the other gals; the real reason people came to the games.

This was during the glory days of the Dallas Cowboy cheerleaders, before other teams were sexy and sassy, and we imagined ourselves to be from Texas.

Eighth grade rolled around and we were ready. My mother, bless her heart, had even paid for me to take gymnastics classes to master the cartwheel. (Not a prayer of me doing the round-off back-handspring.)

But try out we did and chosen we were. And then Elaine and I were designated captains. We had arrived. We were hanging with the cool gals, sporting blue-and-white polyester and saddle shoes with pom pons.

And those gals still didn’t really count us as “one of them” but from the outside, it looked like we were and that’s all that mattered.

On game days, I proudly wore my dress – white with blue, not blue with white, which told the world that I was captain. Special. Better than.

As an added bonus – our junior high and high school were really all one and the same, so not only was I strutting my stuff for eighth-graders, but I was sassing around juniors and seniors too.

I really stepped it up for my brother’s friend Roger Bart, sashaying right into an open locker and banging my head on the door. Roger, turns out, is now a famous Hollywood actor and gay as the day is long.

And the reality is, as hot and desirable as I perceived myself to be, I was actually all braces and scrawny legs (you think they’re skinny now, you should have seen them during puberty), bad Dorothy Hammill and nerdiness.

But I thought I was hot shit.

It was my glory year. I put my heart and soul into each and every word that I yelled from the sidelines. Pulled off cartwheels with great finesse and got to be the top of the pyramid. I even dated Charlie Panzer.

Roger Bart never seemed interested – wonder why.

The next year I was sent off to an all-girls’ school. I think it had something to do with flirting with boys and letting my math grades drop appallingly low.

My cheerleading career was nipped in the bud. It was short-lived, to be sure, but it was a good one.

(As an aside, we just found out that we know a Denver Broncos cheerleader. I looked her up on their website. She’s the real deal. My boys gaze upon her stunning countenance for the obvious reasons; I do, because I sense the kinship of being a part of the same tribe.)

So there I sat yesterday unable to take my eyes off the gawky gals on the sidelines, kicking the very same kicks, jumping the very same jumps that I once did, spelling out the very same chants that Sandy and Elaine and the rest of us all did, with all of their hearts and enthusiasm.

Obviously, it brought back a lot of memories, some great, some a bit uncomfortable. I don’t really miss those days, but I do miss the feeling of power.

And I could see that very same feeling written all over those cheerleaders’ faces at the game.

Go, girls!

Suzanne Strazza writes from Mancos, Colo.

Published in Suzanne Strazza

Marching backwards on education

I admire the tenacity of the educated few in Montezuma County working to improve education in the area. There are many people here that do not want to be educated, nor do they want their young to further themselves through education.

Numbers don’t lie. If one examines past elections, it stays fairly stable: 56 to 44 percent oppose any progressive vehicle to help this county move forward.

Our forefathers and pioneers who came in wagons and push carts through many hardships, losses and struggles understood the importance of education. When they built towns, the first two buildings were a church and school. They pooled their money (taxes) to hire a schoolmarm.

Just a few months ago we had the opportunity to do much the same; Create some new school facilities for our children by providing a modest match for a generous grant from the state. This would have enhanced the city and county.

Yet this measure to fund the Southwest Open School failed. One person was so adamant about not funding education that she stated on the front page of the other local paper, “Our children do not need a créme de la créme education.” Oh, really? One of the Republican presidential candidates stated in one of his speeches, “We need to let more foreign students in as we need more science and engineers graduating.” One of our state legislators just took a trip overseas to teach South Africans how to form a more cohesive and uncorrupt government. When she returned she stated that money wasn’t all that made for a good education. The interviewer should have then asked, “If not money, then what is?” Why was the South African government willing to pay her fare, lodging, etc., so she could educate them as to forming a government? Apparently they believe money helps with education.

I see the leaders in the community think it necessary to spend $400,000 to give our county employees a little more space and to better working quarters. Shouldn’t it be the same for our youth?

Oh, yes, I’ve heard this one: “I don’t have any kids in school – why should I have to pay for others?” After World War II we enacted the GI Bill to send our heroes to school. Through this educational program we became the greatest nation on earth. We went to the moon and back. Built a transportation system from coast to coast. Created many innovations from food to medicine and did it in 60 years – all from a créme de la créme education system, because we were willing to spend the money. And this benefited the society as a whole.

Are we now regressing to thumb-sucking idiots? It seems so. We demean teachers and complain about their meager salaries. Teachers reach into their pockets to pay for school supplies. I worked in construction many years and never saw a ditch-digger bring his own shovel.

Oh, yeah, teachers work only nine months a year. Of course, in the summers most take courses to learn how to better teach our children. When in construction I sometimes worked only six months a year, making twice what a teacher makes.

Education is the backbone and foundation of every society. All dictators and persons bent on controlling the masses were adamantly opposed to education – rounding up professors, imprisoning or murdering teachers, banning and burning books.

For the price of a package of cigarettes a day we could have built something here for many generations to be proud of.

Lack of education is the biggest contributing factor in poverty.

My wife was a teacher in a small town the size of Cortez. Her accomplishments were many. One of her students is now working for one of the largest gem purchaser in the U.S. Another went on to work at Redstone Missile base. The one troubled student she and her co-workers were not given the proper tools to guide dropped out of school and murdered another person. Proper tools and an education might have saved two lives – who knows? And wouldn’t that have been worth the price?

God bless our teachers. They do their best to make America a country to be proud of.

Galen Larson writes from rural Montezuma County, Colo.

Published in Galen Larson

Montezuma County takes over a problem road

After years of arguments over locked gates, public access, and historic rights-ofway, Montezuma County, the Forest Service, and a private landowner have tentatively agreed on an amicable resolution to a conflict over a Mancos-area road.

On Jan. 23, Patrick McCoy, land and minerals specialist with the Dolores Ranger District, told the county commissioners that the Forest Service will grant the county a perpetual easement to the Red Arrow Road, Forest Road 567.

The road is in the Echo Basin area northeast of Mancos. It runs 4.3 miles from the end of County Road L across national-forest land toward private land and the Red Arrow mine. It continues further, on and off private land, toward Spiller Peak, and used by many locals for wood-cutting, hunting and recreation.

“We love giving the county our roads and having them assume liability and maintenance,” McCoy told the board. The commission’s attorney, Bob Slough, said the road appears to qualify as an RS 2477 right-of-way under an 1866 statute that granted access across federal public lands.

The rugged route originally traveled to a mining camp that pre-dated the creation of the San Juan National Forest. It has been used in the years since then to gain access to the private lands in the area, including the Red Arrow Mine, and by locals using public lands.

In 2005, one private landowner put a locked gate across the road, blocking public access. According to county-commission minutes, on Nov. 21, 2005, the commissioners voted unanimously to send that landowner a certified letter ordering him to remove the gate by Dec. 5 of that year. When he did not, the board then sent a road employee and a sheriff ’s officer to tear down the gate, which they did.

More recently, there have been disagreements between the Forest Service and another private landowner, Craig Liukko, president of Red Arrow Gold Corp. and owner of the mine.

The Forest Service, which manages the road where it crosses national-forest land, has a gate at the end of Road L, where public land begins. According to McCoy, the road is open during late spring, summer and early fall, but in the winter the Forest Service locks the gate, closing the road to full-size motor vehicles in the snow.

For a time, the gate had two interlocking mechanisms, one for the agency and one for Liukko, either of which allowed entry.

Liukko was supposed to obtain a road-use permit from the agency to allow him to use the road in winter, but he didn’t, McCoy said. The permit would allow him to maintain and snowplow the road; it would not grant him any rights to it.

McCoy said a road-use permit can be issued by the district ranger and lasts up to five years. There is no fee for a road-use permit, but the agency said Liukko had to have liability coverage and a performance bond of $9,000 in case he damaged the road or failed to maintain it to agency standards.

“As long as Craig Liukko was working toward an authorization, we allowed him to use the road in the winter time,” McCoy said.

However, Liukko never acquired the permit, so the Forest Service decided to act. “We had enough after last winter, and I said after a certain date if we didn’t get the paperwork back we sent him in August 2009, I was going to physically remove his lock and he would not be able to maintain or snowplow the 4.3 miles across public lands.”

McCoy said Liukko “didn’t feel the Forest Service had any right to be closing or managing that road.”

McCoy said the date came and went without any paperwork from Liukko.

At that time, a furor was raging in Montezuma County over proposed road closures on public lands northeast of Dolores. County Sheriff Dennis Spruell had said numerous times that he was willing to arrest any Forest Service official who tried to close roads on public lands in violation of what Spruell felt to be the law.

“The sheriff had said [in a newspaper article] that if he caught me removing the lock from the private gate he would arrest me, but that didn’t stop me,” McCoy said.

“We gave a date by which [Liukko] had to submit the paperwork, but I didn’t go up on that date. I waited until the road surface dried out, in April or May. We were going to open the gate anyway for the summer, so when we did that, I just removed the private lock intact and sent it to Mr. Liukko.”

At that point, the county became involved, he said. “We had been talking with them off and on about taking over that road and they said they were still interested.”

In the summer, the road was open. In December 2011, however, the mine owners notified McCoy that they wanted access.

“I told Craig he needed to return that road-use permit with a performance bond and proof of insurance. He didn’t agree, so he went to the county sheriff, who contacted me twice, but I did not return the calls.”

Spruell then went to Forest Supervisor Mark Stiles, who discussed the situation with Acting District Ranger Mark Lambert and McCoy. They agreed to move ahead with giving an easement to the county.

In the meantime, they decided to allow Liukko access as long as he worked toward getting the permit by the end of January, McCoy said, and Liukko has done so. He will need the permit until the county takes over.

McCoy said agency officials were pleased at the county’s offer.

“When the county jumped into it and said they would take it over, we were happy to give it to them,” McCoy said.

An easement conveys considerably more rights than a road-use permit. McCoy said the perpetual easement that the county will get will last indefinitely unless the county no longer wants it or doesn’t use it for five or more years.

“It’s pretty well etched in stone,” he said, “unless they don’t want it. I don’t see the Forest Service rescinding it.”

For private owners, there is an annual fee for an easement, but there will be no fee for the county.

The Denver office of the Forest Service will review and approve the easement, McCoy said. “We consider this a fairly significant right – granting an easement – so we don’t do that locally,” he told the commissioners. “We don’t take it lightly.”

Granting an easement is short of granting title, however, something that the Forest Service is preparing to do in the case of the Dolores-Norwood Road.

Liukko told the Free Press it was a good solution for all involved, and declined to comment on the previous disagreement.

“I applaud the Forest Service and the commissioners and the sheriff,” he said. “It was all done nice and peaceably. It was done in a good spirit.”

Liukko has owned the Red Arrow Mine since 1988, he said. He declined to say what the plans for the mine are in the immediate future, citing privacy concerns.

According to a Dec. 15, 2011, press release from Rock Energy Resources, Inc., and other information online, He-Man LLC of Texas (now American Patriot Gold) was scheduled to acquire the Red Arrow mine for $25 million this winter.

In 2006, Red Arrow Gold resumed year round operations at the Red Arrow Mine and did major renovations, according to the press release. In 2008, the Colorado Division of Reclamation, Mining and Safety approved a permit amendment nearly doubling the permit size. There are plans to install three mills on the mine property.

At the Jan. 23 meeting, McCoy said the county should send the Forest Service a letter formally requesting the transfer of jurisdiction and stating exactly how long a stretch of the road it wants to take over. The width of the easement was tentatively set at 60 feet.

There will be an environmental assessment and a public-comment period for the proposal. McCoy said he was not sure whether an archaeological survey would be required. Final approval of the easement is expected in May or June. “I think it’s a win-win for the county and the Forest Service,” McCoy said.

Slough agreed, telling the board, “I’ve said for years this should qualify as a 2477 road,” but that an easement was the simplest way to gain control. Slough said even if the county went to court to try to obtain a 2477 right-of-way, such a claim might be only as wide as the original road.

County federal-lands coordinator James Dietrich told the Free Press the arrangement “looks like a win-win for everybody,” including a broad spectrum of recreationalists, “because if it becomes a county road, we have more incentive to make sure it stays open all the way as opposed to having it cut off by the owner. The county’s policy is to keep all public roads open.”

Dietrich said the discussion about taking over the road started several years ago under former District Ranger Steve Beverlin. “He first offered to work with the county and said if we wanted it, it was ours.”

Yet to be answered, however, are questions about maintenance of the road, which by all accounts is extremely rugged. McCoy described it as a rough, four-wheel-drive route studded with giant rocks and enormous dips that allow water to drain off the surrounding slopes.

At the Jan. 23 meeting, Slough warned the commissioners that parts of the road are in a rock-slide area. “I don’t think there’s another county road like this,” he said. “I think you’re going to have concerns with that road. This was a good way to do this, but it will be a concern in terms of public safety.”

Liukko said the road is one of the worst in the county but he has plans to work with the county to improve it.

County Planning Director Susan Carver told the Free Press that road impact fees would not be required from an already-existing commercial operation; however, the owner and the county could come to some arrangement for doing maintenance.

McCoy said Liukko has offered to use his tailings to put into the road, but both the Forest Service and county want assurances first that the tailings would meet their standards for road base.

McCoy reiterated that the agency was relieved to be turning over maintenance to the county.

“If the county road department wants to add more miles to their work plan, it must be a pretty important matter, and we’re glad to help,” McCoy said.

Published in February 2012

Are Navajos fairly represented in San Juan County, Utah?

In San Juan County, Utah, a slight majority of the population is Navajo. Yet there is only one Navajo on the county’s three-member board of commissioners – and, critics say, that isn’t likely ever to change, because of the way the voting districts are currently drawn.

The discrepancy has prompted the Navajo Nation to sue the San Juan County commissioners in federal District Court. The suit, filed Jan. 12, alleges that the county’s district apportionment map “impermissibly infringes on Plaintiffs’ rights under the Equal Protection Clause of the Fourteenth Amendment because the Commission Districts are not substantially equal in population.”

Consent decree

In 1984 the U.S. government sued the San Juan County commissioners and clerk in federal District Court alleging that the county’s use of at-large voting procedures was denying Indian residents of the county full participation in the political process.

The resulting consent decree required the county to divide into three districts of equal population, each of which would elect a single county commissioner. (In the other counties in Utah, voting continues to be atlarge.) It also required that the configuration comply fully with the Voting Rights Act, which protects the rights of Americans to participate in the electoral process without discrimination.

Until recently, voting for the county commission has been done in accordance with that consent decree, and the districts that were created so long ago stayed the same.

In 1984, Mark Maryboy became the first Navajo elected to the county commission, representing the newly created, predominantly Navajo District 3. It includes areas on Cahone Mesa around Hovenweep east to the Colorado border, south to Arizona and the communities of Aneth, Montezuma Creek, and the Red Mesa chapters.

His brother, Kenneth Maryboy, holds that commission seat today.

Members of the Navajo Nation reside in all three districts and have reservation lands in Districts 1 and 3.

According to the complaint filed by the Navajos, District 1 encompasses 5,347 people and is 29.96 percent Native American; District 2 has 4,550 people and is 29.21 percent Native American; and District 3 has 4,949 people, 92.8 percent of them Native American.

An alternate map

San Juan County, in the corner of southeast Utah, is rough, red-stone country divided by canyons, waterways and mountains. Access is limited by unpaved roads and long distances between populated areas.

Voting precincts had to be established, according to current county Clerk/Auditor Norman Johnson, “in population areas where there were buildings that could be used to hold elections – places where the population could gather.”

But things are changing.

According to the 2010 census, the Native American population, and by extension the potential vote, has grown to 50.4 percent of San Juan County’s total population of 14,746.

The San Juan County commission has not redrawn the commission districts in 30 years, and the Navajo Nation is now demanding that it do so.

At stake is the possibility of the voters replacing one of the current non-Navajos with another elected Navajo – which could have broad implications for how the county is governed and how it spends its money.

To reflect the changes in the 2010 census, the ideal population count for each of the three county-commission districts today would be 4,915.

Leonard Gorman, executive director of the Navajo Nation Human Rights Commission, created a three-district map using current census blocks that apportions the population equally in each district. He presented the map at the Sept. 12, 2011, commission meeting, urging the board to adopt it.

In November the three commissioners and Clerk Johnson presented their own alternate map and solution to the public. The commissioners resist the use of censusblock data as the sole method for balancing the division of population, and rely instead on voting precincts as a measure for each district.

Johnson says that they arrived at their district population numbers by overlaying the precinct maps on the current census blocks. The population is made up of people, he says: “We do not maintain any records based on race. That is illegal.”

The commissioners’ response to Gorman’s proposed map has been that the districts work fine largely as they are now. “The Navajo Plan, as I understand it, redistricts the whole commission districts and in doing so it divided the community of Blanding into three,” said commission chair Bruce Adams. “That doesn’t make sense according to the 1984 consent decree, where communtiies of common interest should not be divided.”

Instead, the commissioners voted 2-1 on Nov. 14 to shift only two small precincts in Ucolo and Cedar Point from District 1 to 2. Maryboy dissented.

“It was an adjustment that would fix it easily without having to redo the whole redistricitng,” Adams said.

According to federal law, the standard population deviation between districts cannot be more than 10 percent. The deviation is calculated by adding together the deviation for the most over-represented and under- represented districts. According to statements in Gorman’s complaint, the numbers in the commissioners’ map don’t add up.

Applying the U.S. Supreme Court’s prescribed calculation method to the figures compiled in the San Juan commissioners’ map, the greatest population variance between the current commission districts in San Juan County is at least 16.62 percent.

According to Gorman, “The current map violates the Equal Protection Clause of the Fourteenth Amendment, which requires that electoral districts have substantially equal populations to provide each citizen with an equal vote.”

A sprawling district

Adams, the commissioner representing District 1, says that the system in place has worked since the 1980s and guarantees that the Navajos are represented on the commission.

His district also includes a substantial number of Navajo people as well as rich natural resources. Its western boundaries lie deep within gorges cut by the Colorado and San Juan Rivers. It stretches through rugged mesas, cliffs, tributary canyons and tourist destinations such as Cedar Mesa, Comb Wash, Natural Bridges and the eastern side of Glen Canyon National Recreation Area/ Lake Powell.

At the southern, Arizona border of Adams’ district sit the Navajo communities of Oljeto and Navajo Mountain, connected to the northern, mostly Caucasian voting precincts at the top of the county.

It’s a massive land base populated with only 1.9 people per square mile. The drive from the county seat in Monticello to Oljeto is 2.5 hours and an additional 3 hours on the only access road to Navajo Mountain – a necessity that Navajo residents in the communities live with daily.

Adams, by all accounts, has worked hard to look after the interests of the Navajos within his district and within the county in general.

“I attend chapter meetings every month and have lobbied on behalf of the Navajo communities at the local level, in D.C. and the state,” he said in a telephone interview. “I’m doing everything I can to help with roads, the elderly and aging, access to potable water.”

Finding funds

Adams points out a recently completed multimillion-dollar project in the Oljeto community that paved a 12-mile road to the chapter house. “I found funds in stimulus money and support from former Utah Senator Bob Bennett, who earmarked another million to finish the road.”

“With his involvement and leadership we’re able to do projects like the road overlay, but also work on a plan to build a road between Oljeto and Navajo Mountain,” said James Adakai, Oljeto Chapter vice president.

In 2006 the fires at Navajo Mountain contaminated the community’s water source and water-treatment tank. Adams said he was instrumental in getting help immediately to unplug the ash and silt from the water supplies. He also began to seek a long-term solution. Progress on the multi-year pipeline project will bring water from Inscription House Chapter to Navajo Mountain.

“It’s about halfway finished today,” Adams said. “It’s being built by the Navajo Nation with partial funding from the Navajo Revitalization funds. I sit on that board by statute as the commissioner from Ojeto and am able to support funding that helps the com munities in my district.”

Adams is good at finding the revitalization funds for such projects, said Adakai. The Navajo Mountain Road project now has about $200,000 for preliminary work and a feasibility study. He’s been working with folks from Navajo Mountain and Oljeto for many years.

“He was able to use a law firm to lobby in Washington, D.C., by collaborating with a coalition of commissioners to maintain road and development funds for projects of infrastructure, education, health and a wide range of activities and needs. I really do appreciate his help,” Adakai said.

One person, one vote

But the issue is more than the commissioners’ representation of people in their districts. Instead, the center of the matter is the diminished value of each vote in districts drawn with unequal populations, and in this case, when a substantial number belong to one racial group.

According to the suit, the current commissioners’ map “violates the Voting Rights Act which prohibits any voting standard, practice, or procedure that, on the totality of the circumstances, impairs the ability of minority groups to elect candidates of their choice.”

In the proposed Navajo Nation map, the districts are equally divided with 4,915 people, giving each vote equal weight.

SAN JUAN COUNTY REDISTRICTING

The Navajo Nation has proposed redrawing the boundaries of the county commission

If the commissioners’ map – with a 9.34 percent population deviation in District 1, and a total aggregate deviation over 16 percent – is adopted, and the total configuration does not meet the Voting Rights “community of interest” standard within the district, then critics say the votes cast by Navajo voters in Oljeto and Navajo Mountain are diminished in value regardless of the contiguous boundaries.

By January 2012 the sides had reached an impasse, and the Navajo Nation sued county commissioners Adams, Maryboy, and Phil Lyman, along with Johnson. On behalf of the members of the Navajo Nation living in San Juan County, the Navajo Nation and Human Rights Commission is demanding that the San Juan County officials re-apportion the county and re-draw the commission district map to take account of the 2010 census data.

If the current commissioners’ map is used it would violate the constitutional rights of Navajos living in San Juan County, the suit charges. The Navajos are asking that further elections under the current map be prohibited, and that San Juan County be reapportioned as far in advance of the 2012 elections as is possible.

“Without the intervention of this court, I am fearful that the lawfully required redistricting of San Juan County likely will not occur before the 2012 elections and that compliance with the one person one vote rule and the Voting Rights Act likely will not occur,” Gorman stated.

‘Something deeper’

University of New Mexico American Studies Associate Professor Jennifer Denetdale serves on the Navajos’ Human Rights Commission in an advisory capacity. She is the author of two books about Diné history.

She told the Free Press, “The NNHRC is setting a standard on how tribes can look at international regulations regarding indigenous rights.”

Article 3 of the U.N. Declaration on the Rights of Indigenous Peoples states, “Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”

Gorman describes the statement as a fundamental model for equity. “It’s really about something deeper,” he says, “about pre-existing Native law before first contact with the migrants [colonists] and violations of individual human rights.”

The Red Mesa and Teec Nos Pos chapters, both in Maryboy’s district, and Oljeto Chapter passed resolutions in December 2011 supporting the NNHRC and the Navajo Nation’s redistricting lawsuit. Navajo Mountain passed the resolution in September, adding that they support the Navajo resistance to retrogression (a return to at-large procedure prior to 1984) and all efforts to dilute the strength of the Navajo vote.

All four chapters approved the Navajo Nation map submitted by Gorman to the commissioners.

An attempt to return to the at-large method requires a vote of the county and is subject to the 1984 consent decree. Adams does not support that solution. “We should not return to at-large voting. It would definitely not be in the best interests of the county.”

If the court rules in favor of the Navajo Nation, the commission will be bound to re-district. The Navajo plaintiffs will then have a right to oversight, to examine the redistricting for subtleties or maneuvers that could gerrymander the districts. If evidence is found that the maps do not comply with the court’s mandate, then the plaintiffs can ask the court to nullify the map and begin again until the parties create a map that guarantees all voters’ rights are respected.

Attorney Brian M. Barnard, litigating on behalf of the Navajos, clarified in an email to the Free Press that, “The County, through the commission, does the redistricting, however it must comply with the equal protection clause of the U.S. Constitution, oneperson, one-vote. If the County creates a redistricting plan that violates either of these the Court will not allow the new plan to be implemented.”

Gorman hopes the issue can be resolved on the lowest, most local level possible and that “we reach common understanding with the county commissioners.”

The commissioners must respond to the lawsuit by Feb. 7. No hearing date has been set as of this publication.

Sentiment in the letters-to-the-editor sections of local papers has been running largely against the Navajo proposal, with some writers stating that because the Navajos don’t pay county property taxes, their claims are weak.

“Now according to the theory: the Navajo Nation is a Sovereign Nation,” wrote Larry J. Wells of Monticello in the Feb. 1 San Juan Record.

“But my taxes support them, they do not support themselves, nor tax themselves. . . I do believe though it is beyond interesting that a sovereign nation can sue me because of how my voting system works. Now not only will I support the ‘Sovereign Nation’ and pay for them to sue me, but I will pay my county to defend against an illegal lawsuit.. . .”

Wells called for an end to the reservation system and said, “Racism in any form, from any people, is a hard, sad road – it is not Human Rights.”

However, in another letter in the same paper, Marilyn Boynton of Blanding said the Navajos’ suit was justified, although she also praised Adams for his work on their behalf.

“. . .all these Navajos are stuck onto Anglos in the county’s far north,” she wrote. “It is 220 miles from Navajo Mountain to Monticello. No wonder they don’t nominate commission candidates. This minority-splitting is illegal under the Voting Rights Act. I know it is difficult to sort our situation out fairly, but the way the county is in reality constituted Democrat vs. Republican and the way our commission behaves is totally out of whack. Nor do you have to pay property taxes in this U.S. of A. to vote. Never do I hear Republican commissioners give an iota of credence to the more than half of our population who are Democrats.”

Published in February 2012