ARTICLES

OPEN SPACE AND TRAILS BOARD OF TRUSTEES July 21, 2015 Plaza One Meeting Room 530 E. Main Street, Aspen

Newspaper Articles/ Letters to Editor/Public Comment:

OST Relocation Forest Service will reopen visitor’s center in Aspen; 6/27/16 – Aspen Times

Coke Ovens Open Space: County leases newly acquired Redstone open space to outfitter; 6/27/16 – Aspen Daily News

Filoha Meadows: Filoha Meadows: ‘Little Yellowstone’ on the Crystal; 7/4/16 – Aspen Times

North Star Preserve: Floating Through Time – The North Star Nature Preserve is one of Aspen’s natural gems; Aspen Times 2016 Summer Guide Native Flows and the Functions of North Star Nature Preserve; 6/24/16 ACES Naturalist Blog Crowds tamed at North Star Preserve; 7/6/16 – Aspen Public Radio North Star put-in improved, but takeout ‘dangerous’; 7/15/16 – Aspen Times

Hunter Creek / Verena Mallory Trail: What did Fritz want?; 6/26/16 – Aspen Daily News

Governor’s 16 for 16 Trail Initiative: Hickenlooper: Goal is to make Colorado top trails state; 7/1/16 – Aspen Daily News

Biodiversity Policy: Open Space program extends deadline to comment on management plan; 6/28/16 – Aspen Times Last day for public input on biodiversity policy; 7/15/16 – Aspen Public Radio

Open Space and Wildlife: Letter to Editor: Don’t let recreation come at wildlife’s expense; 6/15/16 - Aspen Daily News Letter to Editor: Wildlife issues are more complex than is obvious; 6/25/16 - Aspen Daily News Wildlife advocates concerned about management of Aspen-area public lands; 6/23/16 – Aspen Times Keep open space, open; 6/20/16 – Aspen Daily News Letter to Editor: Oversight needed on open space; 6/26/16 – Aspen Times

Pitkin County Commissioner Race: Housing woes, development highlighted at Squirm Night; 6/23/16 – Aspen Daily News Innuendo has no place in educated discourse; 6/27/16 – Aspen Daily News

Continued on next page

Federal Lands Transfer Commissioners reiterate hostility to land transfers; 6/22/16 – Aspen Daily News

Conservation: Meet the new advocates for the West; High Country News Agriculture: Colorado House Bill 16-1194 and information summary by Tax Credit Connection, Inc.

Forest Service will reopen visitors' center in Aspen

Scott Condon / The Aspen Times / June 27.2016

The U.S. Forest Service will soon be back in business at the Entrance to Aspen with a little help from its friends.

The Aspen‐Sopris Ranger District will jointly open a visitors’ center with Pitkin County Open Space and Trails at the old Forest Service office building at the S‐curves at the Entrance to Aspen. The address of the building is 806 W. Hallam St.

Last summer, the Forest Service shifted its visitors’ center office to Aspen Highlands, where the buses to the Maroon Bells load. The shift back to Aspen was made possible this summer because Pitkin County Open Space and Trails needed to find new quarters while the Plaza One building is reconstructed.

The open space department aims to relocate by July 5 and will be open Monday through Friday from 8:30 a.m. to 4:30 p.m. The department “may still be in a state of flux” that first week, according to open space Assistant Director Gary Tennenbaum. The goal is to open the visitors’ center July 5, as well. A grand opening will be held July 14 from 4 to 6 p.m.

The visitors’ center will only be open on weekdays, said Aspen‐Sopris District Ranger Karen Schroyer. Visitors to the center will encounter personnel from both the Forest Service and Pitkin County Open Space and Trails. They will be able to provide information about access and activities on public lands.

“While we have the money to rebuild the building, we don’t have the money to staff it.”Scott Fitzwilliams, forest supervisor

The ranger district has funding to help staff the center through Sept. 30. Pitkin County is looking at options to staff the center further.

“The goal is to staff it year‐round,” Schroyer said.

At this point, the Forest Service’s ability to help out is unknown. The agency sold a portion of its land in the 800 block of West Hallam Street with the intent of rebuilding the office building and either rebuilding or remodeling a bunkhouse for seasonal employees. That project is in the “hold mold,” said White River National Forest Supervisor Scott Fitzwilliams.

7/21/16 Collected Articles Page 1 of 71 “While we have the money to rebuild the building, we don’t have the money to staff it,” Fitzwilliams said.

The Forest Service is exploring staffing the visitors’ center with volunteers during summers after this year.

Pitkin County Open Space and Trails will be located at the Forest Service building for the duration of the construction project at Plaza One — currently estimated at between 18 and 24 months. It is renovating the interior and exterior of the Forest Service in lieu of rent, Schroyer said. [email protected]

7/21/16 Collected Articles Page 2 of 71 County leases newly acquired Redstone open space to outfitter http://www.aspendailynews.com/print/171584

Published on Aspen Daily News Online (http://www.aspendailynews.com) County leases newly acquired Redstone open space to outfitter

Writer: Collin Szewczyk Byline: Aspen Daily News Staff Writer

Parcel leased for $3,600 annually plus lessee’s agreement to maintain property

Pitkin County is leasing a newly purchased open space parcel in Redstone to an outfitter in exchange for cash and maintenance of the property, including keeping noxious weeds at bay.

The 35-acre Coke Ovens Open Space was acquired by the county in April, and Open Space and Trails staff identified 24 acres as prime for agricultural leasing. The property was listed for lease in May, and only one suitor, Avalanche Outfitters, came calling.

The long-time outfitter had previously staged from the same area, until a falling out two years ago with the property owners at that time, said Paul Holsinger, conservation easement and agricultural steward for OST.

“The opportunity came through to put this out to bid and get somebody on the property to manage our water rights, maintain fencing and utilize the property,” he said. “We got authority from the Open Space and Trails Board to put this property out to bid to see if we could find an agricultural lessee.”

Maintenance of an irrigation ditch, roads and trails on the property will also be provided by the outfitter.

Holsinger told the Pitkin County commissioners on Wednesday that the lease rate of $3,600 annually was accepted by OST and expires at the end of 2017.

He added that this is an interim agreement, as there’s yet no official management plan for the property. That endeavor is being eyed for completion at the end of the lease.

“And in that December if it looks like we’ll be set back another year, we can adjust that,” Holsinger added. “The pasture is really only about six acres, so it’s pretty limited in size. … They did run this place from 2009 or ‘10 until 2014.”

The outfitter also plans to have around a dozen horses grazing on the property, he said.

Holsinger noted that the open space parcel is roughly an hour away from the OST facility at the county public works department, and the outfitter’s upkeep will save staff drive time.

“It’s a cost savings for us,” he said. “And we think this will be a great amenity to the town of Redstone.”

Commissioner George Newman inquired if there was an opportunity for housing on site, but Holsinger told him an existing home on the property was never permitted and is being removed.

But he added that an old Coal Creek Basin miners cabin on the property will be used as an office by the

7/21/16 Collected Articles Page 3 of 71 1 of 2 6/27/2016 7:55 AM County leases newly acquired Redstone open space to outfitter http://www.aspendailynews.com/print/171584

outfitter, and could be utilized for educational purposes in the future.

Initially, the county sought to purchase both this property and another adjacent 35-acre parcel, collectively known as the Coal Creek-Schumacher property, but the deal got hung up in legal red tape.

Holsinger said the county is working with the other parcel’s owner to lease that land, and then the county would sublet it to Avalanche Outfitters. The two parcels are located just behind the historic Redstone Coke Ovens and along Coal Creek.

Commissioner Rachel Richards wanted to be sure that the county could sever the lease if the property wasn’t being maintained at sufficient standards. Holsinger replied that the county indeed could.

Newman said this represents a “new venture” for open space by leasing out property for recreational purposes.

“The way that we’ve looked at it, is that we’re asking … that they’re taking a agricultural lease to manage those aspects of the property,” Holsinger replied. “They’ll be grazing horses, [but not] producing any food. … They will be managing irrigation, and fencing, and general stewardship of the property.”

Besides carriage and sleigh rides, Avalanche Outfitters offers “hourly trail rides, overnight pack trips, and big game hunts,” as well as fishing expeditions, according to its website.

The lease was approved unanimously.

[email protected]

archive_date: 1 day active: active

Source URL: http://www.aspendailynews.com/section/home/171584

7/21/16 Collected Articles Page 4 of 71 2 of 2 6/27/2016 7:55 AM 7/21/16 Collected Articles Page 5 of 71 7/21/16 Collected Articles Page 6 of 71 7/21/16 Collected Articles Page 7 of 71 7/21/16 Collected Articles Page 8 of 71 7/21/16 Collected Articles Page 9 of 71 NATIVE FLOWS AND THE FUNCTIONS OF NORTH STAR NATURE PRESERVE Submitted by ACES Naturalist on Fri, 06/24/2016 ‐ 12:33 Posted in Naturalist Notes

Over the past two weeks temperatures rose, snow in the high country melted, and creeks and rivers hit their high mark for the year in the Upper Roaring Fork Valley.

We have been very interested in how the shutting down of the Twin Lakes diversion affected Roaring Fork River (RFR) flows into North Star Nature Preserve and Aspen. For more about on the Twin Lakes diversion check out this article from Aspen Journalism.

Twin Lakes Tunnel Discharge (CO Division of Water Resources)

7/21/16 Collected Articles Page 10 of 71 On June 17, officials shut down the diversion of 600 cubic feet of water per second under the continental divide to the Front Range. The flow of the upper RFR is now entirely in its natural drainage. With the exception of the Salvation Ditch and few smaller diversions, we can call this close to a "native" flow of the Roaring Fork as it enters Aspen.

To see how the shut‐down affected flows, we compared cubic feet per second (CFS) from two streamflow gauges on the Roaring Fork above Aspen: the Difficult gauge on the Roaring Fork just upstream from Difficult Creek and the Stillwater gauge, downstream from the North Star Nature Preserve.

7/21/16 Collected Articles Page 11 of 71

After the Twin Lakes diversion was turned off, we observed an interesting phenomenon in the stream flow graphs. Flows that are typically higher at the Stillwater gauge began reporting lower flows than the upstream Difficult gauge once the Twin Lakes tunnel was shut down. This seems counterintuitive since there is inflow from Difficult Creek between the gauges. What accounts for this?

We hypothesize that, with an increased volume of water flowing into North Star Nature Preserve as a result of the diversion closure, the Roaring Fork expands beyond its banks, overflowing into the Preserve. The Preserve then acts like a sponge, absorbing increased amounts of water that spills into old abandoned channels, oxbows and pools to become "Lake North Star."

Additionally, as North Star fills, the increase in surface water on the Preserve likely increases the rate of water loss from evaporation, especially on warm and sunny days. This may also contribute to the decreased volume of water passing by the Stillwater gauge below the Preserve.

To support these results, we looked back at a few previous years with similar river diversion rates to see if this same “sponge effect” occurred.

7/21/16 Collected Articles Page 12 of 71 The above graph shows Twin Lakes tunnel diversion rates for 2016 (in red), 2015 (in green), and 2013 (in blue). In 2015, due to sufficient natural inflow into the Twin Lakes Reservoir, the tunnel diversion was reduced early By June 6, 2015 the diversion rate drops to zero. Below is a graph depicting the flow of the river at the Difficult and Stillwater gauges in June of 2015.

Comparing this 2015 graph to our analysis for 2016, we see a similar trend initially with higher flows through the lower Stillwater gauge than the upper Difficult gauge. This is expected, given the inflow of Difficult Creek and other smaller creeks between the two gauges.

After the diversion stops on June 4, 2015, things get interesting. Notice: the lines on the graph get closer together, and sometimes even overlap ‐‐ meaning the flows are nearly the same, with Difficult sometimes

7/21/16 Collected Articles Page 13 of 71 surpassing the flows at Stillwater. This, we believe, is another example of the “sponge effect” of North Star. We hope to investigate additional years and more flow data to help verify or dispel our hypothesis.

The benefits of the flooding of North Star and the subsequent “sponge effect” are diverse. Flooding and erosion downstream are moderated. Groundwater is recharged. Native wetland plant species who rely on periodic flooding are provided with an advantage over invasive weeds. Overall, the great diversity of species that depend on riparian habitat are helped. Many other unseen benefits, including nutrient mixing and seed dispersal, also occur. North Star Nature Preserve deserves respect and protection for the things we know that it gives us and the things we don’t.

~ Tony Cannistra, Mentor Naturalist & Jim Kravitz, Naturalist Programs Director

7/21/16 Collected Articles Page 14 of 71 Crowds tamed at North Star Preserve

By Elizabeth Stewart‐Severy Aspen Public Radio | 7.6.2016

Increased enforcement at North Star Nature Preserve appeared to be working over the holiday weekend. Aspen Public Radio’s Elizabeth Stewart‐Severy was there to see how the crowds are managed.

On July 4 at 2 p.m., six cars were stacked two deep at the Wildwood put‐in. River users havecome up with a creative way to pack more cars into the limited parking at the heavily used stretch of river. They are leaving their keys in the cars with notes on the windshield for other floaters to move their vehicle if they need to.

Kelly Wood is a protection officer for the U.S. Forest Service and enforces the parking here. She doesn’t encourage double‐parking, but she is pleased that fewer people are in the fire lane.

To deal with problems with parking, noise, and litter, officials from Open Space and Trails, the Forest Service, and Aspen Center for Environmental Studies (ACES) have teamed up to educate users and enforce rules.

Wood said so far, it’s working.

“Explaining why the change has been very important, and then once people understand why and then their options, has really helped,” Wood said. “And everybody has been really cooperative for the most part because they don’t want this place to go away.“

While the Forest Service handles the put‐in parking, Open Space and Trails monitors the take‐ out at Stillwater Bridge. Lead ranger Pryce Hadley said dangerous traffic on Highway 82 is still a concern.

“I have seen so many close calls out there that my biggest concern is someone getting hit and I’m urging people to park responsibly and stay out of traffic,” Hadley said.

ACES is on the scene to remind people that amplified music is not allowed, in part because it disturbs a rare high‐altitude habitat for great blue herons. Claire Shope sat in a camp chair, waiting for the next group of floaters. She is a naturalist with ACES, here to explain that loud music often causes great blue herons to fly off their nests.

7/21/16 Collected Articles Page 15 of 71 “When they’re having to take an extra flight that’s not for food, that’s just because they’re startled, they’re going to be expending too much energy. That’s energy and fat that they just don’t have when it comes to the winter and that might be the difference between life and death for them,” Shope said.

This year’s Fourth of July was quieter and calmer than last year, when people like paddle boarder Matt Hecht said they loaded up trucks with other people’s trash. He said things have improved, but there is still garbage in the river and along the banks.

“I still have dove in for beer cans and litter in the basin. I think that it would be great if they put some trash cans in,” Hecht said.

Gary Tennenbaum, assistant director of Open Space and Trails, said managing a public garbage can at the congested take‐out would be “a disaster.” Rangers are focusing on educating people on “Leave No Trace” ethics and encouraging river users to pack out their own trash.

7/21/16 Collected Articles Page 16 of 71 North Star put‐in improved, but takeout 'dangerous'

Jason Auslander, Aspen Times, July 15, 2015

While the parking situation at the put‐in for float trips through the North Star Nature Preserve is vastly improved over past year, the takeout has become more dangerous, an official said Thursday.

“Boy, it’s scary there,” John Armstrong, a ranger with the Pitkin County Open Space and Trails program, said of the takeout. “People continue to be unsafe and unaware of the risk down there.”

The takeout, sometimes referred to as “Stillwater,” is located just west of a blind curve on Highway 82 and doesn’t have much parking, so cars and people are frequently clustered close to and sometimes actually on the state highway, Armstrong said. The situation is especially busy on weekends.

“It’s very dangerous,” he said. “It’s a thorn in our side.”

Open space officials prefer referring to the takeout as the North Star Pedestrian Bridge, he said.

Gary Tennenbaum, assistant director of the county open space program, said he and others are working with officials from the Colorado Department of Transportation to come up with parking solutions for the takeout area.

“It is still a little chaotic at the takeout,” Tennenbaum said. “People really like to hang out there.”

However, by nearly all accounts, the Wildwood put‐in is much improved over last year, when cars were often parked illegally and haphazardly.

Becky Helmus, director of the Wildwood School located near the put‐in, said school officials sometimes could not navigate the bus out of the Wildwood area last year, and that boaters were “not so nice sometimes, too.”

“It was pretty much a nightmare,” Helmus said.

This year, however, Helmus hasn’t called sheriff’s deputies once to deal with boater or parking‐related issues.

“It seems to really be working,” she said. “We’re really thrilled.”

The difference has been a public education campaign by the open space program that includes the presence of a forest protection officer working for the U.S. Forest Service, increased open space ranger presence and having two naturalists from the Aspen Center for Environmental Studies on site, Tennenbaum and Armstrong said.

“I think we’re slowly changing attitudes,” Tennenbaum said. “The Wildwood area has definitely seen significant improvement.”

7/21/16 Collected Articles Page 17 of 71 Kelly Wood, the forest protection officer, said boaters appear to understand the situation by dropping off their boating parties and shuttling the car to the takeout.

“I think it’s going great,” Wood said. “People have it down.”

Armstrong said he believes the threat of a $125 ticket for illegal parking is helping make the difference.

Officials also have been encouraging people to park at the Southgate put‐in/takeout, which makes for a shorter float. However, people using innertubes have found the shorter distance beneficial because they don’t have to sit in the cold, slow‐moving water as long, Armstrong said. In addition, paddleboarders can go up and down the river, so Southgate makes sense for them, too, he said.

Otherwise, the bike ride from the takeout to the Wildwood put‐in is only about 10 minutes for people who shuttle a car, Armstrong said.

A party atmosphere last year also caused problems. People are allowed to drink alcohol on the river and would often yell and scream and discard litter. Armstrong said that continues to be a problem, with beer cans in the river and some noise.

“We’re seeing less of it, but more of it than we’d like,” he said. “This is not a bar in Aspen. This is a nature preserve.”

Helmus said she often saw litter and heard partying while hiking with young children in the Wildwood School area last year. This year has been much better, she said.

“It’s calmed down,” Helmus said.

Armstrong and Wood pointed out that hundreds of people continue to enjoy the only flat‐water float on the upper Roaring Fork River, especially during recent hot afternoons.

“Ninety‐five percent of people are great,” Wood said.

The North Star Nature Preserve is located just east of Aspen. [email protected]

7/21/16 Collected Articles Page 18 of 71 What did Fritz want? http://www.aspendailynews.com/print/171574

Published on Aspen Daily News Online (http://www.aspendailynews.com) What did Fritz want?

Writer: Chad Abraham Byline: Aspen Daily News Staff Writer

Examining the long, controversial history of the Verena Mallory Trail

On the upper Hunter Creek Trail on Friday, where it spits hikers and bikers out on Red Mountain Road for a short span, Mike Pritchard had some advice for a group of trekkers.

Look for the Verena Mallory Trail on the right, he told the mothers, teens and toddlers. It’ll help you avoid a steep, rocky section of the other trail.

Pritchard, executive director of the Roaring Fork Mountain Bike Association, and many others are hoping that when those toddlers grow up, they’ll still be able to use the lower section of the Verena Mallory Trail. Whether that will be the case is now in a judge’s hands, the result of an unusual legal fight between trail users and the land owner, the Aspen Valley Land Trust — one that AVLT says could greatly jeopardize its mission of conserving property for the public. Government officials and trail users alike call the land trust’s stance illogical.

At issue is a roughly quarter-mile stretch of single track adjacent to the larger and steeper Hunter Creek Trail northeast of Aspen. It was built by hand by the late Fritz Benedict, the legendary architect who helped shape modern Aspen, and a crew he hired. The trail section in question, below Verena Mallory Park, allows people to avoid a part of the Hunter Creek Trail that “is not the best for all trail users,” Pritchard said on a Friday hike.

He noted the rocky terrain and its 20 percent grade in some places. For beginner- and intermediate-level cyclists, and older and younger hikers, the Verena Mallory Trail’s 6 to 8 percent grades offer much easier access to the Hunter Creek Valley and Smuggler Mountain. It loops around the steep section and connects back with the Hunter Creek Trail.

But AVLT says the lower part of the trail must go, citing language in the deeds that conveyed 11 acres comprising the so-called Park Parcel from Fritz and Fabi Benedict to the land trust’s predecessor organization in 1991 and 1992.

The key donor-agreement language, which wasn’t discovered until 2014, is: “With the exception of the [Hunter Creek] trail and temporary road access easements hereinafter provided for, no roads or trails of any kind shall ever be established or permitted to remain within the Park Parcel.”

Is that what Fritz desired? No, according to those who knew him.

Glenn Horn, the land-use planner who worked with the Benedicts in transferring the land into the public’s hands, said he was also friends with Fritz.

7/21/16 Collected Articles Page 19 of 71 1 of 4 6/27/2016 7:53 AM What did Fritz want? http://www.aspendailynews.com/print/171574

Upon seeing Horn, Fritz would often ask if he “was riding that new trail because he was pretty excited about it,” Horn said. “He would say, ‘Keep riding it,’ then kind of winked and smiled.”

During the land donation discussions, the trail was never mentioned, he said. But the mountain-biking community knew he had built it, something that brought “this mischievous look into his eyes,” Horn said.

“If you like that trail, ride it as it was always Fritz’s intention that the trail be shared by hikers and respectful bikers,” said Art Burrows, a board member of the Roaring Fork Mountain Bike Association. “If only Fritz could talk, this morass would be cleaned up in a week.”

The legendary man whose vision led to, among other things, the Tenth Mountain Hut and Trail System, died in 1995, taking his intention for the Verena Mallory Trail with him.

The memorial, the views, the controversy

Named for Verena Mallory, the young daughter of Howard Mallory and Nora Berko who died of cancer, the upper part of the trail takes one to Verena Mallory Park, a serene memorial. There is a drawing book, colored pencils, bright sea shells, a Buddhist shrine and prayer flags. Swollen with snowmelt, Hunter Creek roared nearby on a recent day. The part of the trail that goes to the park is to be preserved, regardless of the pending ruling on AVLT’s motion to dismiss a lawsuit brought by a nonprofit called Friends of Verena Mallory Trail Association. The nonprofit is seeking a preliminary injunction to block AVLT from closing the trail, another motion that is pending.

Descending the part of the path that could be closed on its link back to the Hunter Creek Trail, there’s a bench and stunning views of the Elk Mountains. Benedict envisioned this as an ideal picnic spot, Pritchard said.

The loop “was very carefully and purposefully built,” he said. “It’s not a social trail that just happened into existence.”

But AVLT contends it is imperative that, because of the deed language, this section be closed.

“Key to AVLT’s mission is its responsibility to carry out the directions it receives as part of land grants, honoring the wishes of the public’s benefactors in perpetuity,” wrote one of the organization’s attorneys in a filing last year. “These directions represent the will of the public’s benefactors, and if benefactors are unable to trust AVLT to carry out their wishes, donations of land will diminish and the public will be harmed as a result.”

The Friends of Verena Mallory Trail Association “seeks to undermine benefactor trust and donations to accommodate a small group of individuals who prefer one dirt path through the woods to another,” the AVLT filing says. It later adds another reason why the property owner wants the trail section closed: liability.

“Plaintiff’s interest in continued use of a loop trail that is not necessary is severely outweighed by the maintenance and insurance obligations that will be imposed upon AVLT if the requested injunction is granted,” the filing says.

AVLT board member Bill Kane said last week that the organization is “caught in the classic horns of a dilemma.

7/21/16 Collected Articles Page 20 of 71 2 of 4 6/27/2016 7:53 AM What did Fritz want? http://www.aspendailynews.com/print/171574

“We have a solemn obligation to live up to wishes of donors,” he said, adding that the deed language leaves AVLT little wiggle room.

Kane, who said he worked on the Verena Mallory Trail 20 years ago for Volunteers for Outdoor Colorado, said he and other board members are conflicted.

“I do think that’s a better route than the steep section of the Hunter Creek Trail,” he said, reiterating, however, that AVLT’s primary obligation is living up to the wishes of land donors. “I don’t think anyone really has the fire in the belly to close that trail, but we have to find a way that’s legally defensible to keep it open.”

Governments go hands off

Elected officials with Pitkin County and the city of Aspen, both with open space departments interested in the trail’s outcome, declined to go to court over the issue. AVLT courted the county to litigate the matter together, the hope being a judge could find an amicable resolution, Kane said.

In August, Commissioner and board chair Steve Child sent a letter to AVLT outlining why Pitkin County didn’t want to go to court. Both organizations share the same goals and partnerships to protect many of the same properties, Child wrote. And “the public, after all, would be funding both sides of such a dispute,” the letter says.

Child also makes the county’s position clear, writing that it “was never the intention of the Benedicts to restrict access to the property, to eliminate the trail through the property or expose the public to hazards and risk of injury when enjoying the property. We are confident of this conclusion as a result of Pitkin County and the city of Aspen’s close relationship to the Benedicts during their lifetimes.”

The commissioner also delved into the bureaucratic reason the language prohibiting the trail’s continued existence was included in the transfer deeds. The restrictions “were not a reflection of the grantor’s wishes but an adherence to the requirements of the county subdivision approval which created the parcel,” Child wrote. The letter goes on: “The Benedicts’ intent toward the use of the Park Parcel is most clearly revealed through their actions. It is clear that Fritz himself built the trail for the public, and its establishment gave him great pleasure.

“It is simply illogical to conclude that the Benedicts intended to specifically allow a picnic area on the Park Parcel but prohibit a trail that would allow the public to enjoy it,” the letter says. “Pitkin County believes that AVLT’s choice to ignoret the full breadth of circumstances surrounding the Verena Mallory Park Parcel and trail and concentrate on a hyper-technical interpretation of the deeds to [AVLT’s predecessor] is a conscious election of AVLT to ignore the true and obvious wishes of the Benedicts.”

Aspen City Attorney Jim True sent his own letter to AVLT in March 2015, writing that he reviewed the history and the circumstances of the Verena Mallory Trail at the request of the city and county open space boards. On behalf of the boards, True requested that AVLT reconsider and reverse the decision to close the trail. His detailed letter says the issue goes to the “fundamental rules guiding the interpretation of contracts.”

While the land owner intends to keep open the upper portion of the Verena Mallory Trail that leads to the memorial, its “strict interpretation of the phrase upon which AVLT relies would prohibit allowing even that use to exist,” True wrote. “Very simply, under AVLT’s interpretation, the document creates a picnic area with no way to get to it and a passive park for public use with a trail leading to it for hikers, bikers and

7/21/16 Collected Articles Page 21 of 71 3 of 4 6/27/2016 7:53 AM What did Fritz want? http://www.aspendailynews.com/print/171574

skiers that ends at the park boundary.”

How did the language end up like that? Art Daily, an Aspen city councilman and the attorney who drafted the deeds for the Benedicts, was out of town and unavailable for comment. But Horn, the land-use consultant, said he has an idea. Fabi Benedict, after all, initially called the trail “Fritz’s Folly.” He said he believes Fabi, not being a fan of her husband’s project, might have insisted on the language.

“I think it was Fabi, and she said this is the way it’s going to be,” he said. “But that’s totally a guess.”

Back on the trail on Friday, Pritchard said he is worried that a judge will allow AVLT to undo part of Fritz Benedict’s legacy. Benedict recognized the problem with the steep, rocky section of the Hunter Creek Trail.

As was his wont, Benedict “found a solution, built it with his own muscle power and money, hired guys to make it happen,” Pritchard said. “He was an architect, a visionary, a planner. So he very much knew what he was doing, and if we just focus on what could very easily be a mistake in the [deed], it could erase that obvious intention on the ground. It would be a shame.”

[email protected]

Add Image:

Photo Credit with Byline: Jordan Curet/Aspen Daily News Photo Caption: Mike Pritchard, executive director of the Roaring Fork Mountain Bike Association, hikes up to the Verena Mallory Trail on Friday. The lower section of the path, which allows users to avoid a steep, rocky section of the adjacent Hunter Creek Trail, is at the center of a legal dispute between users and the land owner, the Aspen Valley Land Trust. archive_date: 1 day

Source URL: http://www.aspendailynews.com/section/home/171574

7/21/16 Collected Articles Page 22 of 71 4 of 4 6/27/2016 7:53 AM Published on Aspen Daily News Online (http://www.aspendailynews.com) Regeneration in the valley

Guest ­ Non ADN Writer: Jeff Bear Byline: Aspen Daily News Staff Writer

After the Hunter Creek Valley prescribed burn, officials making sure only native plants take hold

Aspen City Forester Ben Carlsen and Wilderness Workshop Conservation Director Will Roush stood in the Hunter Creek Valley swatting at the flies that swarm among the tall grasses this time of year. While they appeared spent from a long day of weed pulling in the hot sun, each wore an expression of satisfaction for the job they and their volunteers had accomplished.

“Counting staff and volunteers from agencies including Pitkin County, Wilderness Workshop, Aspen Center for Environmental Studies and the U.S. Forest Service, I think we ended up with just over 30 people,” Carlsen said.

The weed pull, which is done annually, took on a greater importance this time, coming on the heels of the 900­acre prescribed burn on the valley in May. The primary focus this year was on eradicating the weeds around the burn areas, and with much of the brush now cleared, Carlson, Roush and others want to be certain that only the seeds of native plants have a chance to take root there.

“What we’re trying to do is reduce the seed source of invasive species, because that ground is still healing from the burn,” Carlsen said. “You can see from [the valley floor] that it looks really good, it’s greened up really nice, and we’ve gotten good growth.”

Roush said the burn created patches of bare ground where the fire was a little more intense, or where it burned off the vegetation, and weeds tend to like bare mineral soil.

“That’s the whole point, to remove that seed source so there are no seeds of non­native plants, and let the natural vegetation get a start in that soil,” he said.

Carlsen estimated that each volunteer who worked the whole day eradicated 1,000 plumeless thistle plants, each of which is capable of producing 1,200 seeds which are viable for 10 years. Volunteers also worked to eradicate houndstongue — the weed with the burrs that stick to your socks when you walk through the forest.

“There are other weeds out here,” he said, “but up close to the burn area those are the only two invasives.”

Roush said there is still more clearing work to be done in the valley this year.

“There’s some oak brush at the mouth of the valley that next fall they’ll be doing what they call mastication, which is like a lawnmower on steroids,” he said. “That part is really close to private property, so it’s not possible to have a prescribed burn in there.”

But Roush said he thinks there will be no end to the pulling of thistles in the Hunter Creek Valley, although he remarked about how much better it looks already this year compared to last summer.

“This was like chest­high thistles last year,” he said. “So it’s made a big difference.”

7/21/16 Collected Articles Page 23 of 71 A perfect burn

By all accounts, May’s Hunter Creek Valley prescribed burn was a huge success, with 900 of a planned­for 1,000 acres treated, and only a handful of calls to emergency lines from nervous residents. The burn was lead by Jim Genung, the fuels and fire specialist for the White River National Forest, but much of the preplanning and community outreach was handled by the partnership of entities that encompass the Hunter­Smuggler Cooperative Plan.

Jamie Werner, forest programs director for ACES, said that the success of the burn serves as an educational example of how a well­executed prescribed fire can be implemented in a beloved recreational area close to a nature­conscious community like Aspen.

“That’s a testament to the partnership and the outreach we did,” she said. “We only got five 911 calls on the day of the burn, which, to have a 900­acre prescribed burn so close to Aspen and only get a couple calls, that’s a testament to the way this community has really embraced holistic­adaptive management in these highly used areas in the Wildland Urban Interface.”

Fire crews were looking for a specific set of conditions before implementing the burn, including a dry sunny day, 20 percent relative humidity, southwestern winds of around 7 to 12 mph, and 30 to 40 percent moisture in the duff litter (leaves). The fact that all those conditions were met was lucky, Werner said.

“We are pleasantly surprised that we were able to conduct the burn in the first year of planning,” she said. “We were mentally prepared to take a year to find the right conditions.”

Quick recovery

Landscapes treated by prescribed fire have relatively short regeneration periods compared to the years it takes for regeneration to occur after a wildfire. In less than two months since the prescribed burn there are already signs of regeneration in the burn areas of the Hunter Creek Valley, and Werner said that most people are surprised at how green the hillside looks already.

“We’re seven, eight weeks out so it hasn’t been that long, but ... it really has recovered very well,” she said. “If you get up in there you can still see the standing dead, but we’re getting gamble oak and serviceberry that are six inches to a foot high, and the wildlife biologists are seeing evidence of browse up there by deer or elk.

“We’re also working with Colorado State University ecologists to do pre­ and post­treatment monitoring to inform future management decisions – ‘does this work; does this not; is there something we would change in this ecosystem’ – so there’s an academic component to it as well,” she said.

Part of the plan

The prescribed fire and weed pull are just a small part of the ambitious Hunter­Smuggler Cooperative Plan — a long­term restoration project that is focused on a swath of 4,681 acres of White River National Forest land immediately northeast of the city of Aspen. Through a multi­year NEPA process, forest managers evaluated what needed to be done in the local watershed and created a toolbox of restoration projects for the 20­year stewardship plan.

It is called a “cooperative” because of the aforementioned local conservation, recreation and environmental groups that contributed their expertise. Wilderness Workshop is doing its research and monitoring, and the Roaring Fork Outdoor Volunteers and Roaring Fork Mountain Bike Association are involved in building a network of sustainable trails for it.

All of these entities meet bi­annually to determine which of the many projects they will tackle in any given year. So the planning, execution and financing of restoration projects on the federal lands encompassed by the Hunter Creek Valley and Smuggler Mountain are done jointly. Essentially, the partnership allows all these 7/21/16 Collected Articles Page 24 of 71 entities to do work across jurisdictional boundaries, which, they say, is how it should be done.

The overall plan takes a three­pronged approach, encompassing habitat improvement, forest health improvement, and recreational improvements. And while the burn and weed pull are designed to improve the habitat and forest health, every bit as much energy is being put into improving recreational opportunities both in the Hunter Creek Valley and on Smuggler.

Aspen­Sopris District Ranger Karen Schroyer said that one of the planned­for projects this summer involves a reroute of the upper Sunnyside Trail to avoid some of the wet, muddy areas it’s now using. “We’re going to make it more sustainable — put it in a dryer area where it’s going to hold up better,” she said.

Another problem in the valley, she said, is the confusion created for hikers by the lack of directional signage — a problem she said the Forest Service is addressing with a new sign plan that they will be implementing over the next few months.

“That will make it a little bit easier to get around back here, because we know it’s confusing for folks,” she said. “People deserve to know what trail they’re on and where they’re going.”

The future of fire

As the weary and famished weed pull volunteers gathered in the late afternoon around shaded tables for their “job well done” pizza and refreshments, Werner talked about the future of fire in the valley.

“We would love to see more of these prescribed burns up and down the valley in the wildland urban interface close to town,” she said. “The greater goal being that if we get some fuel treatments done and improve habitat, maybe sometime in the future we can feel a little more comfortable as communities letting fire do some of its work farther out in the wilderness areas, if we’re not as afraid of it racing into town.” [email protected]

Add Image:

Photo Credit with Byline: Jordan Curet/Aspen Daily News Photo Caption: The weed pull on July 9 was focused mainly on eradicating plumeless thistle, which has proliferated in the valley, from around the burn areas. archive_date: 7/21/16 Collected Articles Page 25 of 71 Hickenlooper: Goal is to make Colorado top trails state

Governor: Enhanced trail system can alleviate Denver traffic

Collin Szewczyk, Aspen Daily News Staff Writer Friday, July 1, 2016

Colorado’s vast, serpentine trail systems have become a massive draw for tourists and locals alike, and Gov. John Hickenlooper said Thursday that his goal is to see the state become the nation’s top bike trail destination.

Hickenlooper, an avid biker, said Denver now has more than 1,000 miles of bike trails in the metropolitan area. He noted that the state’s tourism economy is shifting and more and more people are flocking to the Aspen, Vail, and Beaver Creek areas for summer recreation.

“Our goal is to be the No. 1 state in America for bikes,” he said. “More people are coming here in the summer than the winter, and that’s just an economic fact.”

Chris Lane, executive director of the Aspen Center for Environmental Studies (ACES) and Steuart Walton, CEO of Game Composites, LTD., joined the governor at the Hotel Jerome as part of the Aspen Ideas Festival for a panel discussion extolling the benefits that trails provide by connecting communities, bolstering the economy, and mitigating traffic on roads.

Hickenlooper said outdoor recreation is a $34 billion industry that is pumping a fortune into the Centennial State, creating 350,000 jobs and bringing in close to $1 billion in tax revenue.

Lane asked how tax revenue from the cannabis industry compares to outdoor recreation.

“It’s about 10 times the taxes we get from marijuana,” Hickenlooper replied.

He said the state is focusing on building missing trail connections throughout the state with its Colorado the Beautiful initiative.

“We are going to go after those … missing links and raise the money,” Hickenlooper said.

He added that there will be state funds for conservation easements, and federal resources and contributions from local communities will also be sought.

Hickenlooper touted the “Alma‐to‐Aspen Loop” as a reality that can come to fruition through the state’s “16 for 2016” initiative, that aims to complete essential trails.

“We may not get it finished, but we’re making it a priority this year,” he said. “Parts of it are on this list … this over 300‐mile loop. Almost all of these bike trails have been built by towns along

7/21/16 Collected Articles Page 26 of 71 streams or through BLM lands, and short of about 32 miles, it’s almost finished.”

Lane asked if too many trails will lead to more areas being “loved to death.”

Hickenlooper said that riders aren’t utilizing all the capacity in the state, and must be shown other, less utilized trails to spread the use out. He added that the Pedal the Plains Tour in Southeast Colorado is helping to lure many cyclists into more remote and unused areas.

He cited the hiking trail congestion around Hanging Lake in Glenwood Canyon as an example of an area in which people need to be redirected to other, less‐used spots.

“We have to figure out ways to redirect a lot of that traffic to less successful places,” Hickenlooper said.

“Send them to Arkansas,” Walton interjected to a round of laughter.

Traffic congestion could be lessened by trails

Lauding the trails system in Copenhagen, Denmark, where 40 percent of commuters bike to work, Hickenlooper said there’s no reason Denver can’t relieve traffic congestion in the same manner.

“With our climate here we should be able to get up to 50 or 60 percent,” he said.

Walton, who is a board member on the Walton Family Foundation and grandson of Walmart founder Sam Walton, said his foundation just sent a team of 14 municipal representatives from governments in northwest Arkansas to Denmark to the PeopleForBikes symposium.

Collin Szewczyk Aspen Daily News Colorado Governor John Hickenlooper talks about Colorado’s trail system on Thursday at the Hotel Jerome as part of the Aspen Ideas Festival.

7/21/16 Collected Articles Page 27 of 71

“They were there on bikes riding around with leaders from Copenhagen looking at bike infrastructure and looking at how people get around over there, and bringing back ideas to begin implementing that,” he said.

Lane asked about the potential of electric bikes on trails.

Walton said he has two e‐bikes that he rides frequently, but admits they are more for transportation than trail riding. But he said it’s a great way to get around, and to cover that middle‐mile between public transit.

Hickenlooper said e‐bikes are beneficial in that they allow people to commute to work without breaking a sweat, but he didn’t see them having a place on more remote trails.

“Are we going to allow that in wilderness areas? Probably not,” he said.

Funding for trails

Nearly all members of the Pitkin County and city of Aspen Open Space and Trails boards were in attendance.

Gary Tennenbaum, assistant director of the county’s program, asked the governor about specifics for funding new trails in the state.

“Colorado the Beautiful is an amazing idea, but how are we going to put the funds together to make this happen?” he said.

Hickenlooper said “lead funders” must be brought on board to kick off the projects, and then local governments, nonprofits, foundations, and private donors must also come to the table to ensure funding.

“If you look at the existing bike trail system in Colorado, which is formidable, the majority of it has all been done with local funding,” he said.

Walton agreed, adding that local bike groups and cities in his state have assisted with maintenance after the trail projects were built.

“We helped start a maintenance crew called FAST, Friends of Arkansas Singletrack,” he said. “They’re out there on weekends, drinking beer, making trails. I think you have to have kind of a holistic plan so stakeholders get involved and see the value.”

Economic renewal from trails

Walton said that efforts in northwest Arkansas have added 250 miles of soft‐surface,

7/21/16 Collected Articles Page 28 of 71 singletrack trails, helping to make the state a popular mountain biking destination.

He said that trail‐building was also undertaken as a way to protect Arkansas’ open spaces.

“Building trails really started from a philanthropic point of view and has been embraced by the foundation as a way to preserve these open spaces,” Walton said. “We began buying property, developing trails on that property, and then donating the property to city governments and counties. Alongside that, we’ve been working to bring in a trail maintenance program.”

Lane asked Walton if economic recovery to improve communities is a goal of the foundation.

“I love the slogan great trails build great communities, and great communities build greater trails,” he replied. “Trails are connective, they bring people together, they give people the opportunity to recreate and they give those people the opportunity to move around.

“In all of those concepts you can drive the economic element. We certainly see that in Bentonville,” Walton added.

Lane then read an email he received on Thursday morning that said “bicycles are the indicator species of a healthy community like shellfish in a bay.”

Walton said the danger in trail systems is becoming complacent once you have an established system, as development is always eying open spaces.

Hickenlooper spoke of the more spiritual side of trail riding as a way to commune with nature as well as keep Coloradans fit.

“I think for me trails was the way I got into appreciating wilderness areas and the great outdoors,” he said. “Even those of us who don’t get out there very often, we get that spirit of wanting to be out there. Just knowing that the wilderness is there is powerful.”

[email protected]

7/21/16 Collected Articles Page 29 of 71 Open space program extends deadline to comment on management plan |... http://www.aspentimes.com/news/22682209-113/open-space-program-ex...

Staff report

June 28, 2016

Open space program extends deadline to comment on management plan

Cozy Point South, part of Sky Mountain Park, is irrigated for hay production in the summer. The Brush Creek Valley property, like most of the park, is closed to all use from Dec. 1 through May 15 to protect wildlife habitat.

Pitkin County Open Space and Trails department has extended the public comment period on its draft land use management policy on habitat preservation and human uses of its properties.

The draft policy is titled, “Protection of Natural Biodiversity and Compatible Human Use.”

The draft policy “is the department’s first effort to describe in general terms its ongoing effort to utilize the best available habitat data to determine where and when human activities are appropriate on open space lands,” says an introduction to the language.

The proposed policy says the department will undertake property-specific studies on the natural habitat. If the studies show that specialized habitat management is needed, it will craft a plan to restore a site to a healthy condition and protect sensitive areas from recreation or agricultural use.

“Human uses will be planned and managed to minimize intrusion in breeding/nesting areas and migration corridors. Human uses will be planned and managed to minimize intrusion into the time periods and/or places of special habitat concern,” the proposal states.

The use of public lands, particularly for recreation, has come under scrutiny of some Roaring Fork Valley residents recently. Citizens for Responsible Open Space, for example, is lobbying for more wildlife-friendly land management.

To review the draft policy and make a comment, go to http://www.pitkinostprojects.com/draft-policy-habitat-preservation-and-human- use.html.

7/21/16 Collected Articles Page 30 of 71 1 of 2 6/28/2016 8:19 AM Last day for public input on biodiversity policy

By Elizabeth Stewart‐Severy, Aspen Public Radio, July 15, 2016

Seasonal closure on Open Space and Trails property are part of a larger policy regarding biodiversity. Credit Courtesy of Pitkin County Open Space and Trails

The public comment period for Open Space and Trails’ new biodiversity policy closes today after two extensions.

The draft policy sets biodiversity ‐ not recreation ‐ as the top priority in making decisions about Open Space and Trails’ properties.

Dale Will, executive director of Open Space and Trails, said input so far has spanned a full spectrum. Many comments encourage further protection of land and wildlife from human users, while others hope for more trails. Some question whether current science is enough to protect wild areas.

“I think people have brought up some good points of things we can do to augment the core of what we’ve proposed,” Will said.

After synthesizing the public comments, Will plans to present the policy at an Open Space and Trails meeting on August 4.

To read and comment on the draft policy, click here.

7/21/16 Collected Articles Page 31 of 71 Don’t let recreation come at wildlife’s expense

Holly McLain, Aspen Daily News Column Wednesday, June 15, 2016

Roaring Fork Valley wildlife is relevant and necessary for biodiversity balance.

The Colorado real estate boom has increased our population and human recreational activities, especially from mountain bike users. Wildlife habitat is severely impacted by fast‐moving mountain bikes cruising downhill at 15 mph, and although illegal, some bikers go off track to make their own trails.

Humans, dogs, bicycles and off‐road vehicles are disturbing to wildlife. Humans on horseback are somewhat less disruptive, because horses are also prey animals, and react in the same manner as elk and deer, with flight from fear built into their genetic instinct for survival.

Prey animals burn valuable calories, caused by adrenalin release and exertion, when fleeing from human activity. Often in the winter, elk and deer appear to be unaffected by the human intrusion. The truth is that they are making a choice to stand their ground, rather than run through deep, heavy snow. In winter, fleeing mothers are especially susceptible to losing their unborn calves. They know instinctively that running will deplete their winter reserve of body fat. So they stand their ground, coping with anxiety, still losing calories, caused by being in the danger zone of a known predator. We are the predator.

The introduction of fat‐tire mountain bikes riding along winter trails negatively impact our dwindling herds.

Every fall, the staff from Colorado Parks and Wildlife flies over the Roaring Fork Valley to count elk and deer herds. Aspen district wilderness officer Kurtis Tesch and John Groves, Carbondale district wilderness officer, have reported that deer numbers have been relatively stable but “below our count objective.”

“Hunter harvest is not having a big impact on population, so this leads us to believe that loss and fragmentation of winter habitat and transition ranges, coupled with human disturbance and recreation, have caused the low‐desired herd count in deer and elk,” Tesch wrote to me in an email.

Groves told me recently that the elk population “overall has been declining for a while,” with the severe winters of 2007 and 2008 causing fatalities within the elk population from which numbers have never recovered.

“Vehicle roadkill, hunter harvest, and human impact in critical areas during winter and spring are the main causes. Human intrusion during demanding winter and spring seasons may cause

7/21/16 Collected Articles Page 32 of 71 stressed animals to become predator victims,” Groves said.

CPW considers “the Crown” and its 9,100 acres to be the largest and most critical winter range habitat for elk and deer in the Roaring Fork Valley.

Calving starts around May 1 and is not over until June 30. The Prince Creek side of the Crown opens on April 15. Human activity drives animals down the north slope to the Glassier side of the Crown. Many animals never make it back up to the top, where they normally cross over the Prince Creek drainage for calving. According to Groves, the Sopris Mountain Ranch, Hay Park and Dinkle Lake areas are their natural calving grounds. The animals trapped by the human activity will often give birth, but then abandon their young. If calves are born and survive on the wrong side of the Crown, the pressure from humans leave the newborn calves with no chance for a solid beginning of life, and four‐legged predators lay in wait for weak, stressed animals.

Making a satisfactory opening date for public recreation on the Crown is imperative and crucial. Coordination of same‐date openings and closings for both sides — Prince Creek and Glassier — with a kinder, more reasonable expectation for calving, would be the logical solution and would justly protect our wildlife.

The BLM, along with the open space and trails staffs and boards of both Pitkin and Eagle counties, must work together to correct this flagrant and shameful situation.

Human activity in wildlife habitat has no positive merit for the wildlife. It selfishly does accommodate our human need to use and take whatever we want, whenever we want. Immediate gratification and manifest destiny are two phrases of which we should be ashamed.

Pitkin County Open Space has designated, or owns, over 20,000 acres. Many of those acres shelter wildlife and are gateways to BLM trail areas. A clear, humane conscience must be applied when considering human intrusion into these portals to wildlife habitat.

We live here because the Roaring Fork Valley is still wild and beautiful, surrounded by wilderness and mountains. The wild creatures that live here are a big part of our landscape, and every day we enjoy their presence in this extraordinary setting. To make your voice heard, go to pitkinostprojects.com and on the left click on “Draft Policy: Habitat Preservation and Use,” where you can scroll down to write you own comment. The comment deadline is June 24.

Holly McLain is a Carbondale resident and is on the board of the Roaring Fork Valley Horse Council. She is the former owner and operator of Moon Run Ranch on Snowmass Creek.

7/21/16 Collected Articles Page 33 of 71 Wildlife issues are more complex than is obvious http://www.aspendailynews.com/print/171565

Published on Aspen Daily News Online (http://www.aspendailynews.com) Wildlife issues are more complex than is obvious

Editor:

I am commenting on Holly McLain’s opinion column, which appeared in the Aspen Daily News on Monday, June 15. From a wildlife standpoint, I cannot advocate for opening early on the Glassier side of the Crown for human recreation.

From my personal education from working directly with wildlife consultants and the DOW, now Colorado Parks and Wildlife (CPW), my observation of their movements and habits from Snowmass down to the Glassier property, and my knowledge from 30 years of living and working extensively in this area, have lead me to conclude that the wildlife issues are more complex than is obvious. In order to really know what is occurring with wildlife, someone has to have spent an inordinate amount of time, with boots on the ground tracking them year round. The efforts to get and record data made to date, have been tremendous and we are lucky our county supports these efforts made by CPW. The indicators you reference are really good but I am worried they are more optimistic than conservative for the long term.

Ultimately the question I believe we have to ask is if humans are willing to sacrifice to some degree. I think the science is suggesting we, (all of us) will have to reduce our intrusion into wildlife spaces on public lands. How much and to what degree is the very difficult question. I think we should be very conservative in our approach so we can get some real rebound and then decide how much is sustainable.

I was able to be part of an experiment of sorts, when I worked for a large 7,500 acre ranch located in the middle of the above mentioned area. Wildlife and wildlife habitat were core issues of concern and the land had been significantly degraded. Because the ranch was private, we were able to institute an immediate drastic reduction of human intrusion. At the same time we invested in habitat restoration. Over a very short period of enforced ‘rest’ the result was a dramatic rebound effect. The wildlife and habitat were then able to very successfully live with human reintroduction albeit at a restricted and controlled level.

Management of public lands is more complex, but I believe some compromise with sacrifice can achieve similar results.

I see this topic as an important agenda for the RFVHC, because we are interested and active users of the trail systems and public lands.

Thank you, Holly McLain for driving this issue and working so hard to get the players to the table.

Leslie Thomas Emma

archive_date: 1 day

Source URL: http://www.aspendailynews.com/section/letter-editor/171565

7/21/16 Collected Articles Page 34 of 71 1 of 1 6/27/2016 8:04 AM Wildlife advocates concerned about management of Aspen‐area public lands

Scott Condon | The Aspen Times | June 23, 2016

A group of Aspen‐area residents is demanding that public land management policies in the Roaring Fork Valley be scrutinized to ensure recreation isn’t trumping wildlife preservation.

Holly McLain said Citizens For Responsible Use of Open Space is particularly concerned about the Crown, 9,100 acres of rolling terrain between the Roaring Fork River and Mount Sopris in the midvalley. An immensely popular mountain‐bike network has evolved over the past decade or so and the Bureau of Land Management has designated the property a Recreation Special Management Area.

Pitkin County Open Space and Trails plans to build a new trail from one of its holdings, the Glassier property, to the boundary of federal land on the Crown. McLain said she and other wildlife advocates are concerned about potential consequences of additional trails in the area.

She is organizing a meeting of organizations and individuals interested in public lands issues to discuss wildlife and recreation. That includes the Emma, Wood Creek, Crystal Valley and Snowmass Caucuses, Pitkin County, Colorado Parks and Wildlife, the U.S. Forest Service, BLM and the Roaring Fork Mountain Bike Association.

“What needs to be done is a meeting of the minds with everyone,” McLain said.

“The whole point is to make everybody a conservationist.”Gary TennenbaumAssistant director, Pitkin County Open Space and Trails

Seasonal closures targeted

McLain said she wants to see trails into the Crown off of Prince Creek Road closed longer in the spring to benefit wildlife — a proposal supported by John Groves, the longtime Carbondale district wildlife officer for Colorado Parks and Wildlife.

The BLM closes trails on the Crown to motorized and mechanized uses from Dec. 1 to April 15. The Crown is winter range — one of the most important places in the Roaring Fork Valley for deer and elk to wait out the long winter months, according to Groves. Ungulates migrate off the Crown in the spring, but the high ground where they head is often still snowed in by mid‐April, he said, so the animals don’t want to leave the Crown until later. When mountain biking and recreation use ramps up after April 15 via Prince Creek Road, it tends to drive deer and elk onto private land on the north side of the Crown, along Hooks Spur Road, according to Groves.

7/21/16 Collected Articles Page 35 of 71 Heavy recreation use in the spring also interferes with the ability of does and cows to devote calories to develop their unborn fawns and calves, he said. They are coming off five months of “starvation diet,” he said. If they are burning calories by avoiding mountain bikers and other recreation users of the Crown, they have less time to devote to their developing young and may abort, he said.

“We’re already seeing declining populations,” Groves said. “A lot of that has been in the last 10 to 15 years.”

Not all is due to recreation. Development has eaten up some of the winter range, he said.

In a perfect world, Groves would like to see use of the Crown banned for all uses — including skiing and snowshoeing — during the winter, and he would like the spring closure extended to at least May 1.

“Summer use up there is not an issue to me on the Crown,” he said.

Groves said he isn’t against mountain biking as long as its done in appropriate places at appropriate times.

“We have to strike a balance between recreation and preserving wildlife habitat,” he said.

County extends closures

Groves credited Pitkin County Open Space and Trails for working with him to set the closure for the Glassier property for Dec. 1 through May 15.

Gary Tennenbaum, assistant director of the program, said Pitkin County has erred on the side of caution when setting seasonal closures. Other properties, such as Sky Mountain Park, are also closed through May 15 to make sure there’s no interference with winter range.

Trails also are placed so that large parts of open space properties remain intact.

“I think we go above and beyond,” Tennenbaum said.

Open space works with its wildlife consultants and state wildlife officers to set its closures. The program creates specific management plans for individual properties, but the program also is working on a general management philosophy. Its draft plan is available for review at www.pitkinostprojects.com/draft‐policy ‐habitat‐preservation‐and‐human ‐use.html and open for public comment through Friday.

McLain said many longtime valley residents and wildlife advocates are making their voices heard through the open space program’s comment process. They want the comment period

7/21/16 Collected Articles Page 36 of 71 extended so the broader community can discuss management issues. She is hoping to organize a meeting in July.

The Roaring Fork Mountain Bike Association submitted comments in support of the draft policy. “This draft policy is supported by the Roaring Fork Mountain Bike Association due to it’s reliance on best available science to ensure that Open Space planning decisions are not based on the emotions and potential biases of the loudest voices in the room,” the association’s statement said.

Tennenbaum said the open space program hears from contingents on opposite ends of the spectrum on management. One contingent is opposed to trails and recreation on open space properties, he said. The other contingent feels too many restrictions exist and that the program should be dubbed “closed space” rather than open space.

BLM examined wildlife info

BLM spokesman David Boyd said the 2014 resource management plan for land it manages in the Colorado River Valley, including the Crown, was significantly oriented around wildlife habitat maps, “which were coordinated closely” with state wildlife officers. The Crown is neither summer range nor a calving area for elk, he said, citing the maps. The entire Roaring Fork Valley is summer range for mule deer.

The BLM plan acknowledges that the Crown is elk winter range and includes some areas of severe mule deer winter range.

“Our timing restrictions on mechanized and motorized vehicles (thru April 15) are designed to reduce disturbance on the winter range,” Boyd wrote in an email. He noted that the April 15 date is consistent across the BLM’s lands in the Colorado River Valley region.

Groves said an opening date for lower elevation property outside of Silt might not be optimal for higher elevation property such as the Crown. He would like to see an adjustment.

McLain said that is one goal of hers “The April 15 opening is just insane,” she said. “It hammers the wildlife badly.”

Tennenbaum said the issue doesn’t have to be recreation versus wildlife protection. He said he feels Pitkin County Open Space and Trails has melded the two.

“The whole point is to make everybody a conservationist,” Tennenbaum said. [email protected]

7/21/16 Collected Articles Page 37 of 71 Keep open space, open

Mick Ireland, Aspen Daily News Columnist Monday, June 20, 2016

There will be plenty to disagree about in November, but I hope the nascent little movement to ditch the trails component from the Open Space and Trails program doesn’t grow into one of those causes that elected officials adopt just to avoid confronting an angry minority.

Out on the campaign trail for county commissioner, some weird little statements are popping up in response to the truculent voices who insist that the public should not be riding bicycles through “their” neighborhood or hiking near their mentally gated community. No matter that the same residents love to rumble through my neighborhood in pursuit of food, whine, culture and entertainment.

One of the candidates recently said, “I cannot support the 25‐year extension at this time, but I look forward to supporting it when the goals of open space and trails return to preserving and protecting wild lands and habitat.” He also called for a “de‐emphasis on trail building until we get this under control.” Other voices are talking about a preference for residential development rather than trails.

Hrmphh! This has been the traditional view down Woody Creek way where the master plan called for crushed gravel trails through the ‘hood, a way of keeping those crazy cyclists from “whizzing” through except on the highways and where some are still pushing for the deletion of the trails part of the Open Space and Trails program.

As one who was present at the creation of the tax and worked hard for its inception, I take issue with the notion that this program is exclusively or mainly about wildlands and habitat. When we went to the voters for tax money, many of us were voting to preserve access to public lands that has so often been privatized in the interest of increasing the speculative value of residential sales.

Privatization has always had its advocates. Back before there were national forests, there were lumbering interests well on their way to turning Colorado into another Lebanon where the legendary “Cedars of Lebanon” all but disappeared before various government interventions slowed the depredations of profit seekers.

Just pause for a moment and look at old pictures of Aspen and Vail, where the marketplace ethic stripped the hillsides for profit. But for Gifford Pinchot and Teddy Roosevelt’s willingness to stand up to the locals, our national forest here might have been a national desert by now.

On the not‐far‐from center politics of privatization, we see the movement to turn the public lands back to the states where selling it off could keep taxes low for our ever craven politicos

7/21/16 Collected Articles Page 38 of 71 who put their own re‐election as “fiscal conservatives” above the long term interests of the people and the lands we hold in trust for future generations.

Privatization takes many forms. One of the ways Western public lands have been privatized in the past has been through acquisition of access parcels or watering holes so that the owner of a small parcel can prevent grazing or access to larger public domains. Such was the case with the so‐called Wexner land “swap,” whereby land was traded to one land owner along the edge of the national forest, essentially blocking public access to public lands, effectively excluding hunters, sports people and hikers to get to the forest without crossing the newly privatized lands.

Trails are important not just for their recreational value but because they provide an outdoor experience, a chance to commune with nature that is not present with conservation easements and other restrictions. Obviously, trails need to respect wildlife and conservation values and I commend Dale Will, the staff and the Open Space board for implementing regulations, enforcement and closures to protect wildlife.

There is little doubt in my mind that exposure to the outdoors is spiritually rewarding and uplifting, enough so that our own local writer Paul Anderson has basically shaped a life and a body of writing around these principles. For most of us, lacking Paul’s energy, expertise, time and commitment, a hike up Smuggler or a ride over Sky Mountain Park is as close as we get to our souls and spirits. If you can’t get there, Paul’s musings are a reminder of why you should go.

Here in Aspen, we often celebrate Body, Mind and Spirit with perhaps a little too much made over body and a ruefully acknowledged neglect of spirit. I hope this fall’s vote will continue to protect public access as well as preserving lands and wildlife. Never have we had more need of time away from so‐called Western “civilization” into an experience a bit less civilized and a lot more rewarding.

This column does not name names or make an endorsement of the commissioner candidates because he hopes all the hopefuls will consider that trails and public access to public lands are a vital component of our lives. [email protected]

7/21/16 Collected Articles Page 39 of 71 June 26, 2016 Letter: Oversight needed on open space

The Pitkin County Board of Commissioners and the Pitkin County Open Space and Trails staff met for the first review of the draft for the 20,000 acres of Pitkin County open space lands.

If Open Space and Trails is allowing motorized vehicles on trails to accommodate motorized wheelchairs, then specify motorized handicapped vehicles, and don’t allow the e­bikes, scooters and who knows what other mechanical contraption humans will use to circumvent the original intention of a rule. The Roaring Fork Transportation Authority’s Rio Grande Trail should not be compromised by adding motorized vehicles — ever! That is what roads are for.

There is no oversight and enforcement on any of the open space properties, and I am told it is because the budget will not allow them. I say put your house in order first before you buy more open space that you cannot manage well. Put funds first into oversight and enforcement on our Open Space and Trails lands for good management practices. I have spoken to many of Aspen’s longtime residents, and we are all appalled at mountain bikers, in mass numbers, speeding down hiking trails that everyone used to enjoy.

Walt Whitman, Teddy Roosevelt and the Paepcke family would be sorely disappointed in the dysfunctional evolution of our human recreation in this beautiful, once­pristine valley. Take heed — Open Space and Trails has a responsibility to ensure a balance with nature and human use on the publicly paid­for Pitkin County open space properties.

Regarding agriculture, the Woody Creek Caucus has specified “historic agriculture” in its master plan. Citizens for Responsible Open Space recently wrote the following regarding this issue and the 20 more years that Open Space and Trails wants for unfettered spending of our public tax money:

“(Open Space and Trails) also wants to change the name of ‘historic agriculture’ to just ‘agriculture’! For all the farmers that are and have been, this is an outrage! It is also an outrage for the Woody Creek Caucus as I was involved in wording the new master plan and many hours were spent on preserving the wording of ‘historic agriculture’ as there is a distinct difference. This is something that is not acceptable in this valley and its ranching tradition. They would like to eradicate all trace of historic farming so that transportation corridors can crisscross throughout the valley as precious farmlands are bought up under the guise of open space. Gone will be the old farms, and in will be bike corridors.

7/21/16 Collected Articles Page 40 of 71 “Lastly, (Open Space and Trails) wants 20 more years of unfettered spending. They have unlimited funds and no control. Who has such power? Who should have such power for 20 years? This is not proper policy for anything anywhere.”

We the people want oversight for enforcement and proper management on our Open Space Lands.

Holly McLain

Carbondale

Top Video Headlines

of 3

©2016 ­ 2016 Swift Communications, Inc.

7/21/16 Collected Articles Page 41 of 71 Published on Aspen Daily News Online (http://www.aspendailynews.com) Housing woes, development highlighted at Squirm Night

Writer: Collin Szewczyk Byline: Aspen Daily News Staff Writer

County commissioner candidates spar

Term limits for the Open Space and Trails Board, solutions for Pitkin County’s affordable housing woes and striking a balance between economic prosperity and degradation of the surrounding environs due to development were key topics raised at this election season’s Squirm Night.

Three candidates vying for the District 3 seat on the Board of Pitkin County Commissioners sparred under the bright lights at the GrassRoots Community Network’s TV studio on Wednesday afternoon, attempting to separate themselves from one another. The event, which offers a forum for candidates to explain their stances on hot­button topics facing Aspen and Pitkin County, was moderated by Rick Carroll of the Aspen Times and Aspen Daily News editor Curtis Wackerle.

Hawk Greenway, Greg Poschman, and Scott Writer are running for the BOCC seat, which is being vacated by Michael Owsley due to term limits. The primary takes place on June 28, and the top two vote getters will advance to the Nov. 8 general election.

Poschman, a lifelong county resident, said his perspective on historical challenges in the community make him an ideal candidate for the board. He noted that there must be a balance between maintaining a strong economy and allowing unfettered development, adding that he’s concerned about the diminishing quality of life for locals.

“We must grow responsibly,” Poschman said.

He added that one of his children said the job of a county commissioner is to ensure that Aspen doesn’t become Eagle­Vail.

Greenway touted his 18 years on the Open Space and Trails Board, saying that he is prepared to collaborate with all other county departments to sustain the vibrant wildlife habitat in the county. He added that OST has helped to protect wild lands as well as public access to federal lands.

“I’m ready to continue working with the current commissioners,” Greenway said.

Writer, who moved to Aspen in 1971, stressed that he abhors the influence of money in politics and is running as an independent due to this fact. He added that his “locals first” perspective sets him apart, and that his non­ affiliation allows him to reach out to both sides of the political spectrum.

“Locals make this place great,” Writer said.

Real estate development under the microscope

Poschman said that the Roaring Fork Valley is embroiled in an overheated real estate economy, and that speculation and building is booming right now. He added that a commissioner should be free from conflicts of

7/21/16 Collected Articles Page 42 of 71 interest when it comes to such dealings.

“One of the things the county commissioners can do, is they are a lens for the community and the voice for … all the land­use issues,” he said. “I think we do have a preponderance of activity here, which is as we all know, driving up prices dramatically. It’s a big, expensive, lucrative and alluring game. I’d like to have a county commissioner that doesn’t have a role in that game.”

Poschman used that stance to attack Greenway on real estate dealings in Little Annie Basin.

“We have areas in the valley that are extremely critical, in my opinion, as open space,” he said. “The backside of Aspen Mountain is one. … I don’t think we should be developing that.”

Poschman alluded that Greenway’s position on the OST board perhaps aided him in property acquisitions.

“I’m not pulling this out of thin air,” he said. “People are calling me and bringing this up.”

But Greenway said the only thing his years on the board have helped him to do is protect countless acres of land from development.

“No good deed goes unpunished,” he said. “I have indeed owned property on the back of Aspen Mountain. … I have had friends on the Open Space and Trails Board call me a ‘one­man conservation organization.’”

Greenway said one project helped him to secure the remaining parcels in the basin from future development. He also bought the Little Annie Mine, which he said is now protected with a historic designation.

“I think my record stands on its own,” Greenway said.

He said building a 1,000­square­foot cabin in the area, in which he lived for 15 years, was a creative solution to solving his particular problem with finding affordable housing in Aspen.

Poschman shot back that he wasn’t accusing Greenway of any specific wrongdoing, but there was an opportunity to place a conservation easement on his parcel rather than selling it for “a large sum.”

Writer noted that while development is demonized in many circles, countless locals including carpenters, laborers, and architects benefit from it.

“There’s a lot of people involved in real estate,” he said. “I don’t think that makes anybody a bad person.”

Term limits floated for OST board

Citing Greenway’s 18 years on the OST board, Poschman suggested that term limits be implemented to help bring fresh blood to what he termed as “an old boys club.”

He said that he’s not comfortable with someone who deals with the purchase of mining claims and backcountry property being privy to information during executive sessions held by the county.

But Greenway said he has recused himself from discussions over the years and understands when that action is appropriate.

“I find your accusations strange to say the least,” he said.

Greenway opined that it would be “absurd” to impose term limits on a volunteer position that is difficult to fill in the first place.

Writer agreed with Greenway, saying that it’s the BOCC’s job to make changes if it feels an appointee isn’t doing their job. 7/21/16 Collected Articles Page 43 of 71 Poschman added that some people sense an “arrogance” from the OST board, which he said wields a lot of power and influence and has a huge budget.

“Do they have enough oversight?” he said.

Poschman said that Sky Mountain Park is a prime example of the “urbanization of the backcountry” promoted by OST’s work, as well as by rogue bandit trails.

“Snowmass has bike trails in elk­calving habitat,” he said.

Greenway said he was happy that Poschman cited the open space trails in the park, adding that the majority of habitat there is protected permanently, and would otherwise be home to “mega­mansions” with long driveways.

“The beautiful thing about trails is that they are closable,” he said.

Housing needs a multi­faceted solution

With an aging Aspen workforce, and a younger generation eager to take their place in the community, the lack of affordable housing was also discussed in­depth.

Greenway said the goal is to ensure that at least 60 percent of the county’s workforce is housed in and around Aspen, so a true community of people remains and not just second­home owners.

A hot­button issue has been the idea to incentivize retirees into moving out of their employee housing units, so new families can attain an affordable place to live.

But Greenway said turnover is occurring at the same rate locally as anywhere in the U.S., and moving these venerable residents shouldn’t be a priority.

“The retirees will take care of themselves. Give then 10, 20, 30 years, they’ll either move on to retirement housing, or they’ll pass on,” he said. “What is the rush to deal with this?”

Writer said that the area’s retirees are invaluable, and shouldn’t be discounted as part of the workforce.

“To me they’re the ones who have the time to volunteer and create the nonprofit staff,” he said. “They’re the ones who volunteer at the schools. They staff the nonprofits. They do so much for us.”

Writer said an idea is rather than creating more category 2, deed­restricted affordable housing, the Aspen­ Pitkin County Housing Authority (APCHA) could buy down two­bedroom, free­market condos and turn them into resident­occupied (RO) units, and then incentivize retirees to move in to those units and reap greater financial benefits down the road.

Poschman said a valley­wide solution is needed to house all of the area’s workforce. He noted that an unlimited amount of people would love to move to Pitkin County, but it’s not a reality.

“Not everybody can live in Aspen,” Poschman said.

He added that the community stretches down to Carbondale and Glenwood Springs, and that many people are frustrated that the city of Aspen doesn’t include the county in housing discussions as much as it should.

Greenway challenges Writer’s past political efforts

During a period in which the candidates were asked to question one another, Greenway asked Writer about his unsuccessful political aspirations over the years.

7/21/16 Collected Articles Page 44 of 71 “You’ve run for multiple offices … and you’ve never been elected. Why do you think you’ve never been elected, and why should anybody take you as a serious candidate today?” he jabbed.

But Writer took the question in stride, noting that when he ran for the BOCC in 1992, he was a fresh­faced 34­year­old with little money.

“I didn’t raise any money, because I already explained to you that I abhor the influence of money in politics,” he said. “I didn’t raise a dime. I ran against an incumbent Democrat commissioner who was actually really good, Jim True.”

Writer added that he ran for city council in 2010, and finished third out of eight people.

“I think being an independent has hurt me a little bit, and certain stances were different,” he said. “But I think my candidacy is absolutely viable.”

The entire hour­and­a­half event can be viewed at www.grassrootstv.org/live­stream [1]. [email protected]

Add Image:

Photo Credit with Byline: Jordan Curet/Aspen Daily News Photo Caption: Pitkin County commissioner candidates, from left to right, Greg Poschman, Hawk Greenway and Scott Writer answer questions from editors of the Aspen Daily News and Aspen Times and the public in the Grassroots TV studios on Wednesday. archive_date: 1 day active: active

Source URL: http://www.aspendailynews.com/section/home/171541

Links: [1] http://www.grassrootstv.org/live­stream

7/21/16 Collected Articles Page 45 of 71 Innuendo has no place in educated discourse http://www.aspendailynews.com/print/171590

Published on Aspen Daily News Online (http://www.aspendailynews.com) Innuendo has no place in educated discourse

Editor:

My observation of the “Squirm Night” leaves me restless. While county staff have a long tradition of silence on the eve of a commissioners’ election, I am unable to remain mute. And I write as a citizen, the views expressed are my own and not those of the program by which I am often known.

A hearty debate on the management of the public’s land is wonderful and provocative. Less so were the personal accusations regarding the integrity of Hawk Greenway with regards to Hawk’s private property in Little Annie Basin. To assert he should simply have given the land away violates a primary tenant of our land conservation ethos; fair compensation for value. More disturbing is the innuendo that Hawk abused his position on the Open Space board in seeking land use approvals while also serving the county.

To begin with, the permits in question were not under the purview of the Open Space program, and were administered by the community development department and by the county commissioners. In my entire 17 years of watching the same, I will say unequivocally that the county places more scrutiny on applications by those well known to the staff and elected board than otherwise. To suggest otherwise is an affront to the professional staff and elected board of the county. As for Hawk’s integrity: By my reckoning, during his 18 years of volunteer service the man has donated well over a thousand hours to the betterment of land conservation and public rights on public lands. He also donated a public trail easement on his lands on Richmond Ridge. Very few in this world of NIMBYism have done as much. Watching the personal accusations leveled at Hawk during Squirm Night could only remind me of McCarthyism; no shame in the pursuit of a political gain.

Let us debate the merits of public policy. Resorting to rumor and innuendo during squirm night has no place in an educated discourse.

Dale Will Carbondale

archive_date: 1 day active: active

Source URL: http://www.aspendailynews.com/section/letter-editor/171590

7/21/16 Collected Articles Page 46 of 71 1 of 1 6/27/2016 8:02 AM Scott Condon [email protected]

July 18, 2016 Aspen's most spectacular wilderness areas are getting overrun

Wilderness Ranger Eric Tierney talks with Sam and Tom Meiser of Lakewood, Colorado, Friday evening at Snowmass Lake. The Meiser were model campers who used a bear canister and Leave No Trac practices.

Wilderness ranger Eric Tierney scatters leaves and twigs on the remnants of an illegal campfire at Snowmass Lake Saturday. He threw the charred logs and ash into the forest so other campers wouldn't think the fire was allowed.

7/21/16 Collected Articles Page 47 of 71 Wilderness Ranger Eric Tierney finds a poorly attempted bear­hang, which are not permitted within the Maroo Bellsn­Snowmass Wilderness. Bear canisters are required for food storage at all times.

WILDERNESS WRANGLING

The Aspen­Sopris Ranger District is assessing if a reservation system should be implemented for backpackers in Conundrum Valley and the Four Pass Loop, two of the most popular and pressured areas of the Maroon Bells­Snowmass Wilderness. The environmental review will include future public comment.

It is 7 p.m. sharp Friday when U.S. Forest Service wilderness ranger Eric Tierney says it’s time to go to work.

He leaves his perch in a rock field that provides a spectacular view of the big peaks looming over Snowmass Lake — deep in the heart of the Maroon Bells­Snowmass Wilderness. He is wearing his Forest Service olive­green uniform. He throws on his pack and makes what initially seems like an odd choice to grab his Pulaski, the ranger’s all­purpose tool with an ax and blunt chisel on the end of a long wood handle.

Tierney heads toward the backpacker camps scattered in the woods around the lake. It’s evening patrol, where the wilderness rangers for the Aspen­Sopris Ranger District contact campers at popular wilderness destinations and check for compliance with the major rules: possession of overnight permits, no camping within 100 feet of the water and main trail, no fires above 10,800 feet in elevation, dogs on leash and use of bear canisters to store food and garbage.

Before making his first contact, it becomes apparent why Tierney needed the Pulaski. In numerous semi­sheltered areas behind trees on the periphery of the campsites, there is unburied human waste and toilet paper.

Tierney becomes the grim reaper. Wherever he finds waste, he scratches a hole 6 to 8 inches deep and uses a stick to move the mess before burying it. He’s forced to repeat the process five more times while walking through the camping zone.

He has little to say about the task: “It’s disgusting.”

7/21/16 Collected Articles Page 48 of 71 It adds insult to injury that the Forest Service provides highly effective waste bags at the trailhead. They contain the waste and keep it secure for transporting out.

Evening patrol culminates 90 minutes later when Tierney explains to three sisters they must carry a bear canister for their food and waste. They used rope to tie a bag containing their food up in the air, off a dead snag. It’s less than 6 feet off the ground and would be easy pickings for a hungry bruin.

Instead of continuing on their journey to Geneva Lake the following day, Tierney tells them calmly but firmly that they must return to the Roaring Fork Valley and rent or buy a bear canister. If they ignore the order, they risk a $130 fine, he says.

Tierney later says enforcement of regulations is an unfortunate but necessary part of the job.

“Education is the primary thing rather than just being Johnny Law,” he says.

Popular and pressured

Aspen’s backcountry is getting hammered in places, and the Forest Service is mounting education efforts to lessen the impacts.

Encounters between humans and bears prompted a requirement that all backpackers in the Maroon Bells­Snowmass Wilderness carry bear­proof canisters for food, garbage and other attractants.

Bears seeking food slashed 17 tents last summer, according to the agency. Three bears were killed in Maroon Bells­Snowmass because of aggressive behavior — due to people making food accessible.

Tierney said he and other rangers have found about 90 percent of backpackers on the Four Pass Loop have complied with the bear­canister requirement this summer. Compliance is spottier in other parts of the wilderness area.

On Friday evening and Saturday morning, when an Aspen Times reporter and photographer were in tow, Tierney found seven of 14 groups without bear canisters.

“I was actually pretty surprised by the number that didn’t,” he said.

It’s important that people comply, he said, for their own safety but also for the safety of other backpackers. Bears become habituated when they get a “food reward.” They start associating tents or people with food. So even people who comply with proper storage can be put at risk by those who don’t, he said.

People who didn’t comply told Tierney they were unaware of the regulation — even though information is on the White River National Forest website and on the permit they fill out for an overnight trip.

It’s not just out­of­town residents who claim ignorance. A Snowmass Village couple hiking out from Snowmass Lake on Friday told Tierney they hadn’t heard of the bear­canister requirement. They said they hung their food.

7/21/16 Collected Articles Page 49 of 71 Reservation system assessed

White River National Forest officials are confident that compliance with the bear canisters will improve with time and education. However, soaring backcountry use creates problems that aren’t as easily addressed.

The Aspen­Sopris Ranger District is in the process of assessing whether it should implement a reservation system for the Conundrum Hot Springs and Four Pass Loop — two of the most popular and pressured areas in the Maroon Bells­Snowmass Wilderness.

Snowmass Lake is a popular way station on the 27­mile Four Pass Loop. It also attracts climbers and even skiers headed to Snowmass Mountain, one of Colorado’s peaks higher than 14,000 feet.

Forest Service officials say the ecosystem at those special places is suffering damage from the intense use. Places like Snowmass Lake and Fravert Basin, along the backpacking loop, and Conundrum Hot Springs, a destination located in a separate valley, host thousands of visitors in the short, high­altitude summer.

On the hike into Snowmass Lake on Trail 1975 and at the lake itself Friday, Tierney encountered 14 overnight­user groups with 42 people. On the hike out Saturday, the Aspen Times team encountered another 40 backpackers heading to the lake and more people assembling for a trip in the trailhead parking lot along Snowmass Creek Road.

Earlier this month on the Four Pass Loop, the wilderness rangers encountered 450 people in one day.

The impacts

Tierney isn’t directly involved with the study on the reservation system, but the statistics he keeps on use and compliance with regulations will play a big part in the decision. He keeps meticulous notes on the conditions he finds during the day and then fills out a report at night that will be collated with other wilderness rangers’ findings.

On the hike into Snowmass Lake on Friday, Tierney dismantled two illegal campfires — one built on the trail and another just a few feet off of it. He removed all the rocks from the fire ring as well as the charred wood and threw them into the forest. He brushed the ashes and refuse into a bag and scattered them out of sight. Finally, he collected twigs, leaves and duff and covered the fire pit, eliminating all signs that a campfire had been there.

At the lake, he had to disassemble another fire pit built illegally a short distance from the lake and above the 10,800­foot elevation threshold. The trees take so long to grow at that elevation, he said, that scavenging wood for fires can have a long­lasting and devastating effect.

Campfires and camping within 100 feet of high lakes kill fragile alpine vegetation, compacts the soil and scars the land. Tierney had to direct one man to move his camp farther back from the lake Friday night.

Tierney said he believes a reservation system would be a good idea although a “tough transition.”

7/21/16 Collected Articles Page 50 of 71 “I think the overall experience will improve,” he said.

There would be fewer people and a better chance to educate people. When picking up a permit, backpackers could be checked for compliance with bear canisters and human­waste bags could either be encouraged or required.

Some campers receptive

Tierney gives the benefit of the doubt to campers he finds violating rules. When asked if violators are ignorant of rules or arrogant by intentionally ignoring them, he is diplomatic.

“I think it’s great seeing people out, especially new people,” he said. “It’s a high­use area. People need to realize they must have as minimal of impact as they can.”

Sometimes, he encounters model campers. Tom Meiser and his son Sam were at the lake Friday night and planned to climb Snowmass Mountain on Saturday. The Lakewood residents had all food and garbage stored in a canister and kept a tidy camp.

“We’re all about ‘Leave No Trace,’” Tom Meiser said, referring to the backcountry­ethics movement.

They were aware of the canister requirement from looking at the White River National Forest website.

Meiser noted with disgust that human waste was in the middle of a campsite they scouted and that the thick carpet of bluebells obscured numerous other piles.

“The waste thing is horrible,” he said.

Not far away on Friday evening was a group of six campers, two from Denver and four from California. They were used to reservation systems for Sierra Nevada hikes and said they wouldn’t object on the Four Pass Loop. It would help limit the number of people, they said.

Tierney was forced to bury more waste Saturday morning, including a mess just a few feet from the lake. Before moving on to patrol the adjacent East Snowmass Creek Valley, he expressed optimism that the wilderness will remain pristine despite the challenges.

“I like to believe that if we come out here, we have that love for the outdoors,” he said. [email protected]

7/21/16 Collected Articles Page 51 of 71 Scott Condon [email protected]

July 18, 2016 Wilderness rangers are Aspen's eco­ambassadors

Eric Tierney is a seasonal wilderness ranger for the Aspen­Sopris Ranger District. A team of six rangers and their supervisor patrol all the trails and camping areas in the 283 square mile Maroon Bells­Snowmass Wilderness.

BACKCOUNTRY BRAVADO

According to a report by the Aspen­Sopris Ranger District, wilderness rangers in 2015 performed the following duties:

•Hauled out 515 pounds of garbage, including 231 from Conundrum

•Dismantled 258 illegal fire rings

•Logged 325 downed trees

•Performed 351 ‘sanitation burials’

Aspen has a lot of individuals and organizations dedicated to the benefit of wildlife and wildlands, but the U.S. Forest Service’s wilderness rangers are truly on the front lines.

The team’s primary duty is to patrol the trails within the 283 square miles of the Maroon Bells­ Snowmass Wilderness, the busiest of the wilderness areas surrounding Aspen. They also dabble in the Hunter­Fryingpan, Collegiate Peaks, Holy Cross and Raggeds wilderness areas, parts of which are in the Aspen­Snowmass Ranger District.

7/21/16 Collected Articles Page 52 of 71 To do all that, the district has a team of two paid, seasonal wilderness rangers, four interns and a supervisor.

Eric Tierney is one of the paid, seasonal wilderness rangers. He worked as an intern two summers ago, splitting duties in the wilderness program and staffing at Maroon Bells. He was hired as a seasonal wilderness ranger last summer and returned this summer after graduating from Colorado State University with a degree in communications.

The job starts in mid­May and goes into late September or early October. Tierney typically is teamed with an intern and heads out for intense backpacking trips that start on Fridays and end on Mondays. They patrol the most popular and pressured areas (see related story on A1).

In addition to a 40­pound pack containing food, water, clothing, bedding and tools, Tierney hauls a four­foot, one­person handsaw as well as a Pulaski. On the trail, he’s got two speeds — fast and stopped to perform a duty. While on patrol, the rangers typically stop to saw downed timber, demolish illegal fire rings, bury human waste, make sure directional signs are in good condition and check campers for compliance with forest regulations.

Tierney, 24, puts his communication skills to good use. He is as adept at interacting with forest users as he is swinging the Pulaski. He said 99 percent of people he encounters are pleasant to deal with, which is one of the reasons he loves the job. He wants to remain with the Forest Service and in the outdoors. At this point, he said, he can’t bear the thought of a desk job. [email protected]

7/21/16 Collected Articles Page 53 of 71 Published on Aspen Daily News Online (http://www.aspendailynews.com) Commissioners reiterate hostility to land transfers

Writer: Collin Szewczyk Byline: Aspen Daily News Staff Writer

Board concerned over some Colorado counties’ support for state ownership

A movement that is seeking to have the federal government transfer ownership of public lands to the states has gained some support in Colorado, a fact that Pitkin County officials find troubling.

During a report on Colorado Counties, Inc., of which Pitkin County is a member, Commissioner Rachel Richards said she presented a resolution to oppose the federal transfer of lands to states a couple of weeks ago.

On that measure, 14 counties voted in opposition to the transfer, while 25 were potentially open to the idea. Five others abstained from voting on the matter.

“That really brings into question, do we want to keep giving public lands dues to this organization?” Richards said.

She added that Boulder County left the organization in February due to the direction CCI is headed politically.

“This isn’t a healthy organization right now,” Richards said. “In the January elections, for two­year terms for chairs and vice chairs, there was a red vote, let’s put it that way. They ran the table for leadership on all of those committees. That’s kind of where Boulder left.”

According to its website, CCI is a nonprofit membership association that works to assist “county commissioners, mayors, and council members and to encourage counties to work together on common issues.”

The ideology to transfer land ownership to the states stems from what has been coined a new “Sagebrush Rebellion,” a movement propped up by conservative nonprofit organizations like the American Legislative Exchange Council and the American Lands Council.

Opponents have criticized the effort as an attempt to privatize the lands, potentially exposing them to resource extraction and private ownership.

Supporters claim that a centralized government in Washington, D.C., shouldn’t hold sway over western lands and that the states can manage them more effectively.

Commissioner George Newman seemed incredulous by the number of counties that could be open to the land transfer.

“So more than one­third of the counties in Colorado, at this point, don’t have a problem with looking at [transferring] our public lands to the states?” he said.

Federal lands make up 83 percent of Pitkin County.

7/21/16 Collected Articles Page 54 of 71 Should county stay or should it go?

Richards said that Pitkin County decided to remain a member of CCI earlier this year. But some members are questioning whether there should be a sub­organization of counties that forms its own group, or if all should remain involved with the nonprofit despite the political leanings.

She added that the true direction of CCI won’t be clear until the annual meeting in December, when potential bylaw changes are looked at and voted on.

“From my point of view, we are a paid member through February of next year, and we should take advantage of all the services and opportunities that they have to offer us,” Richards said.

She acknowledged, though, that there are “some real divides” occurring in the organization.

Commissioner Steve Child said in light of the public lands transfer support, Pitkin County should entertain the idea of leaving CCI.

“We are still members of CCI, and we want to make the most of it,” he said. “But if it comes to a movement of more counties leaving to join an alternative organization, my inkling is to leave CCI and go with the alternative organization right now. The politics have been at CCI for so long. The politics have gotten way worse.”

Richards said that 65 percent support from the counties in CCI is needed to support an action, and that the opposition has been able to hold the line and keep the organization from lobbying in favor of “some bad bills.”

“But members are starting to wonder if we’re just putting our money in just to be a stop­gap against bad lobbying,” she said.

Two legislative measures to transfer ownership of federal lands to the states failed in Colorado last year. [email protected] archive_date: 1 day active: active

Source URL: http://www.aspendailynews.com/section/home/171531

7/21/16 Collected Articles Page 55 of 71 FOR PEOPLE WHO CARE ABOUT THE WEST Meet the new advocates for the West A generation of young Western activists are using outdoor sports as a step towards conservation.

Paige Blankenbuehler and Josh Zaffos | June 27, 2016 | From the print edition

The West has long been a mecca for hikers, kayakers and campers. Getting recreationists to help preserve the landscapes they love isn’t always easy, though. Now, some Western activists are using outdoor sports as a stepping-stone toward conservation. Here, High Country News contributors Paige Blankenbuehler and Joshua Zaffos caught up with a few of these advocates, who are using outdoor recreation to tap into deeper missions, such as bolstering science, addressing climate change and bringing new generations into the wilderness.

Students at Southern Utah University, hiking above The Subway in Utah’s Zion National Park, won the Outdoors Nation Challenge last year, getting SUU named the Most Outdoorsy School in the Nation.

SUU Photo Services

CHRISTINE FANNING Away from screens and onto the trail

During a ski trip with her family a decade ago, avid kayaker and surfer Christine 7/21/16 Collected Articles Page 56 of 71 During a ski trip with her family a decade ago, avid kayaker and surfer Christine Fanning witnessed a moment that made her acutely aware of the growing schism between people and the outdoors. Fanning brought her niece to a beginner’s lesson with a large group. As they practiced, one young boy fell down sobbing, ski poles flailing. “His mother started yelling at the ski instructor,” she says. “She couldn’t understand why her son wasn’t good at skiing. I remember her saying to the instructor, ‘You’re doing something wrong. He’s great at video-game skiing!’ ”

That moment inspired Fanning to address a modern condition that many describe as nature-deficit disorder. Today, children are spending less time in the outdoors and more time in front of screens, and many are developing behavioral problems as a result. “Across the country, there are millions of permanently protected acres that provide an incredible opportunity for outdoor recreation,” Fanning says. “But if there is not political will going forward, we could lose that. We need future stewards and environmental leaders.”

In 2014, Fanning, who has a background in philanthropy, created Outdoor Nation, a nonprofit that aims to get more millennials engaged in outdoor activities. Fanning, who is the executive director, and her three-person team are partnering with several Western colleges that organize outdoor adventure programs and multi-day experiences. In 2015, Outdoor Nation hosted its second annual summit, which, perhaps ironically, was documented via social media. More than 56 colleges registered, and, in the end, more than 10,000 inspired young adults participated in outdoor activities and shared their experience on Instagram. This year’s campus challenge begins in September. -Paige Blankenbuehler

7/21/16 Collected Articles Page 57 of 71 Eleven-year-old Dae Dahlquist speaks at a rally at Washington state’s Department of Ecology during a public hearing on a proposed coal export terminal in Longview, Washington.

Damian Mulinix/GreenPeace

DAE DAHLQUIST Young but outspoken for the climate’s future

The Pacific Northwest has an unlikely new champion for climate change awareness — an 11-year-old boy in White Salmon, Washington. Dae Dahlquist is not your typical kid, though. When he was 4, he remembers his mom, Brynn Dahlquist, listening to NPR. He was struck by the solemn, urgent tone of the voices. When “I asked my mom what was wrong,” Dae says, she told him they were talking about climate change. “I just said: ‘Well, why don’t we stop it?’ ” he recalls. “I was interested in trying to help.”

Dae began modestly, by begging his mom to drive him and his friends out to river cleanups in Portland so they could help. By the time he was 6, he and a group of nearly a dozen children cleaned up riverbanks regularly to “get out in nature and help.” In 2013, when he was 9, Dae started his own nonprofit organization called Gen-Earth (short for Generation Earth), aimed at getting kids engaged in hiking, camping and talking about climate change.

At meetings, group members often watch YouTube videos and discuss what they might do about climate change. Then, they all take to the trail. Dae says his strongest tool has been recreation, because activities like swimming, hiking and camping can get kids excited about protecting the environment. “It takes an activity to motivate people to care about something like climate change,” Dae says.

Dae has been a youthful powerhouse at climate rallies throughout Washington and 7/21/16 Collected Articles Page 58 of 71 Dae has been a youthful powerhouse at climate rallies throughout Washington and Oregon, where he partners with organizations like Climate Solutions and Power Past Coal. In 2015, the first time he spoke in public, he stood in front of more than 200 people in Seattle at a hearing about running coal trains through two dozen Northwest cities and ports. “I realized very soon into doing those hearings that the magnitude of human-induced climate change was a lot bigger than just me,” Dae says. “There were so many people.”

What does the future hold? Dae hopes to attend a university on the East Coast and eventually become a diplomat. “I like to travel, I like to speak, and I know I want to make a difference in policy,” he says. -Paige Blankenbuehler

Citizen scientist Claire Hood, whose day job is at Gallatin Microplastics, chops through the ice to get a sample from the Gallatin River near Black Butte, Montana.

Louise Johns/Adventurers and Scientists for Conservation

ABBY BARROW AND JENNA WALENGA Adventures with a bigger purpose

In Bozeman, Montana, an organization has been blurring the line between recreation and science for half a decade. Adventurers and Scientists for Conservation transforms outdoor enthusiasts into citizen scientists, teaching them how to take samples and build data around the places they love.

Since its start in 2011, the organization has grown into an international hub for a host of 7/21/16 Collected Articles Page 59 of 71 Since its start in 2011, the organization has grown into an international hub for a host of projects geared toward solving “pressing environmental challenges,” such as climate change and mass extinction. Currently, around 800 volunteers contribute data to various projects each year.

In 2013, Abby Barrow, a marine biologist, and Jenna Walenga, an ASC project manager and sailor from Seattle, created the organization’s microplastics program, which tests water samples for bits of broken-down pollutants. “The smaller the piece of plastic, the more available it is as food to animals,” Barrow says, but they can’t digest it. The group has collected nearly 2,000 aqueous analyses from 680 outdoor enthusiasts from around the world, including sailors crossing the Pacific, skiers in Italy, and a group of women kayakers from an organization called EXXpedition, who took samples as they paddled the Atlantic Ocean. The project is still in its early stages, but its goal is to create a comprehensive dataset that can be used to help develop policies to better control plastic production.

Barrow and Walenga say that enlisting outdoor recreationists has given the project access to waterways across the globe that one team of scientists alone could never have tested. “Despite all of the bleak and terrible things we’ve done to the natural world, this work gives me hope for the future,” Walenga says. “There is a lot of potential to solve these issues.” -Paige Blankenbuehler

Ezekiel Sanchez, co-founder of the Anasazi Foundation, which is geared toward getting troubled kids into the wild.

Courtesy of Michael Merchant / The Anasazi Foundation

THE YOUNG WALKERS

7/21/16 Collected Articles Page 60 of 71 THE YOUNG WALKERS A new start in the wilderness

Near Flagstaff, Arizona, on a warm summer night, about 20 young adults step aboard a bus just before dusk, on their way to a campsite in the middle of Coconino National Forest in northern Arizona. It doesn’t take them long to set up a group camp with a crackling fire, as youth leaders go from one teen to another, providing gentle reassurance and cozy wool blankets. The teens, some from broken families or with histories of substance abuse, have come to this wilderness to heal.

The Mesa, Arizona-based Anasazi Foundation seeks to provide a primitive outdoor experience for troubled kids with the goal of encouraging their mental and physical rehabilitation. Each year, more than 200 young people enroll in the 30-day retreats, held in the Coconino or nearby Tonto national forests. “It’s just us and nature,” says co- founder Ezekiel Sanchez. “Nature is very impartial. If it rains, it rains on everybody.”

The group is led by mentors called the Young Walkers, who are trained in sociology and Native American traditions. All they ask the teens to do is walk — whether just taking a single step or hiking for several miles. “This program teaches them that whether they are in the middle of a desert or in a city street, they can walk forward at any time,” says Sanchez.

Instead of taking a militaristic approach, the Young Walkers move at the pace of the individual. “We get out to the wilderness, but if they don’t want to walk, we will stay with them until they decide they want to,” he says. Those methods, says Michael Gass, a wilderness therapy researcher, set the organization apart from others with controversial boot camp-style programs. “(The Anasazi Foundation) is certainly one of the leaders in the field of primitive skills adventure therapy programs,” he says.

The program, Sanchez says, sparks a lifelong conservation ethic in many young people who have never had an outdoor experience. Teens learn how to be self-sufficient, cooking their own meals and setting up their camps. “It gives them confidence,” he says. “There’s a sense of ‘If I can do this, I can do anything.” -Paige Blankenbuehler

7/21/16 Collected Articles Page 61 of 71 Elementary school students during a learning day at Cal- Wood Education Center’s environmental education program above Jamestown, Colorado.

Courtesy Cal-Wood Education Center

UNA VOZ IN THE WILDERNESS Center gets Latino children — and parents — outside

Rafael Salgado grew up in Michoacán, Mexico, bird hunting with his dad and brothers. When he was 12, Salgado shot a duck with a mysterious band on its leg. His brother translated the English wording on the tag, which explained that it was placed by a Canadian researcher, and then helped Salgado exchange letters with the scientist. “So, there are people who actually go to school for this?” Salgado asked his brother. The experience inspired him to study science in college, a story he often shares with youth.

Salgado is the executive director of the Cal-Wood Education Center, a 1,200-acre nonprofit outdoor learning space nestled in the mountains above Jamestown, Colorado, west of Boulder. Established in 1981, Cal-Wood offers overnight camps and other programs to help kids, including minorities and low-income and urban youth, get comfortable in the mountains. “You’d be surprised how many kids — kids who were born (in Colorado) — have never been up here,” says Salgado. In 2015, the center served 3,775 children, including more than 1,300 low-income students.

During three-day programs that include hiking, camping and science fieldwork, students go from scared, in some cases, to not wanting to leave. In order to keep that spark lit, Salgado and staff have extended their services to parents and adults who sometimes lack information about outdoor recreation or a connection with nature.

In Boulder County, for instance, 80 percent of Latino families originally came from 7/21/16 Collected Articles Page 62 of 71 In Boulder County, for instance, 80 percent of Latino families originally came from Mexico, where there are few public recreation areas. “(They) may not understand what public lands are, and they don’t have a lot of information about how to use them,” Salgado says.

Two years ago, Cal-Wood began bringing Latino families from across metro Denver for a two-night camping experience. “It’s a short program, but it’s very impactful,” Salgado says, “because they get to actually camp, and to learn how to fish, do archery, or mountain bike.” While families pay what they can, donations help cover program costs, including gear and a bilingual activity staff. In the first two years, 378 people participated in the Latino Family Camp, and there are plans to serve 450 this year.

“I really believe the experiences that we are giving these kids are an opportunity for them to think about what else is out there,” Salgado says. “I tell kids, you know, that duck really helped me to make a decision in my life, and I hope you can find your own duck, too … something that will motivate you.” -Josh Zaffos

Copyright © High Country News

7/21/16 Collected Articles Page 63 of 71 Young Farmers and Ranchers Wanted!

You’ve probably seen that Wrangler commercial of the young, sharp looking rancher working hand in hand with ma and pa on the family ranch. Though it makes for a great commercial, that scenario may not actually be the case often enough in today’s world.

Colorado’s facing a tough dilemma right now concerning the age gap of its farm and ranch community. The average age of Colorado’s farm and ranch operators is 59, and as some may have guessed there’s not exactly a pool of young candidates ready to carry the torch once our older farmers and ranchers hang up their spurs.

Before you get too worried, know that a new generation of farmers and ranchers is in fact emerging on a national level. So, the issue isn’t necessarily interest—the issue is that most young folks do not have the cash needed to buy land or access to productive land to lease. If they don’t have land to work, how are they supposed to learn new techniques and grow as a food producer? Who’s going to grow those bright red tomatoes glimmering at farmers markets, or raise young steers that we often see grazing those wide open ranch landscapes?

Fear no more!

Fortunately Colorado recognizes the importance and benefits of producing and selling foods locally and has recognized this age gap and capital issue. Enter House Bill 16-1194, which aims to do two things:

1) Help young farmers and ranchers gain access to agricultural land to give them a better chance to get started in the industry; 2) Provide incentive to older farmers and ranchers that lease their land to younger farmers in the form of Colorado state income tax deductions.

Gaining interest? Here’s how it all works.

An older farmer or rancher enters into a minimum 3 year lease with a younger farmer or rancher and allows them access to their agricultural assets. Once approved by the Agricultural Development Authority, 20% of the lease payments received from the beginning farmer or rancher can be taken as a tax deduction with a max of up to $25,000.

The state defines a ‘younger’ farmer or rancher as someone that has a net worth of less than $2M, will provide the majority of the daily physical labor and management on the older farmers land or will use those agricultural assets most of the time, has plans to farm or ranch full-time, has not been engaged in farming or ranching for more than 10 years but still has experience, and has participated in a financial management program approved by the CO Agricultural Development Authority.

This incentive will be available to 100 applicants until 2020 when the pilot program expires. For more information, please view the House Bill and feel free to contact us with questions!

For more information, please contact: Tax Credit Connection, Inc. Cody MacDonald • Land Protection Specialist • 303 774 8195 • [email protected] Ariel Steele • Owner • 303 774 8127 • [email protected] 2919 W. 17th Ave., Ste. 201 • Longmont, CO 80503 • www.taxcreditconnection.com This information is not intended to be legal or financial advice. Please consult your own advisor.

7/21/16 Collected Articles Page 64 of 71 NOTE: The governor signed this measure on 6/8/2016.

HOUSE BILL 16-1194

BY REPRESENTATIVE(S) Mitsch Bush and Becker J., Priola, Dore, Rankin, Arndt, Lebsock, Williams, Pabon, Brown, Danielson, Duran, Esgar, Ginal, Vigil, Fields, Lontine, Moreno, Pettersen, Rosenthal, Ryden, Salazar, Young, Hullinghorst; also SENATOR(S) Sonnenberg, Crowder.

CONCERNING A TEMPORARY INCOME TAX DEDUCTION FOR A PORTION OF LEASE PAYMENTS RECEIVED BY A QUALIFIED TAXPAYER FOR LEASING THE TAXPAYER'S AGRICULTURAL ASSET TO AN ELIGIBLE BEGINNING FARMER OR RANCHER.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, 39-22-104, add (4) (v) as follows:

39-22-104. Income tax imposed on individuals, estates, and trusts - single rate - legislative declaration - definitions - repeal. (4) There shall be subtracted from federal taxable income:

(v) (I) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:

______Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. 7/21/16 Collected Articles Page 65 of 71 (A) THE STATE IS SEEING A CONTINUED TREND OF AGING FARMERS AND RANCHERS;

(B) THE CURRENT AVERAGE AGE OF A FAMILY FARM OR RANCH OPERATOR IN COLORADO IS FIFTY-NINE;

(C) THERE IS A NATIONAL AND LOCAL FOCUS ON THE BENEFITS OF LOCAL FOODS, AND AT THE SAME TIME A NEW GENERATION OF FARMER IS EMERGING, BUT THE BEGINNING FARMERS OR RANCHERS ARE HAVING TROUBLE FINDING LAND TO LEASE; AND

(D) THE INCOME TAX DEDUCTION ALLOWED IN THIS PARAGRAPH (v) IS INTENDED TO BE AN INCENTIVE FOR AGING FARMERS OR RANCHERS TO LEASE THEIR AGRICULTURAL ASSETS TO BEGINNING FARMERS OR RANCHERS IN ORDER TO GIVE THE BEGINNERS A CHANCE TO GET STARTED IN THE INDUSTRY.

(II) FOR INCOME TAX YEARS BEGINNING ON OR AFTER JANUARY 1, 2017, BUT BEFORE JANUARY 1, 2020, IF A QUALIFIED TAXPAYER ENTERS INTO A QUALIFIED LEASE WITH AN ELIGIBLE BEGINNING FARMER OR RANCHER, AN AMOUNT SPECIFIED IN A DEDUCTION CERTIFICATE ISSUED BY THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY THAT IS EQUAL TO TWENTY PERCENT OF THE LEASE PAYMENTS RECEIVED FROM AN ELIGIBLE BEGINNING FARMER OR RANCHER AS SPECIFIED IN THE QUALIFIED LEASE, NOT TO EXCEED THE QUALIFIED TAXPAYER'S INCOME AND NOT TO EXCEED THE AMOUNT SPECIFIED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH (v).

(III) THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY MAY ISSUE MORE THAN ONE DEDUCTION CERTIFICATE TO EACH QUALIFIED TAXPAYER IF SUCH QUALIFIED TAXPAYER ENTERS INTO MORE THAN ONE QUALIFIED LEASE WITH MORE THAN ONE ELIGIBLE BEGINNING FARMER OR RANCHER; EXCEPT THAT THE TOTAL AMOUNT SPECIFIED IN ALL DEDUCTION CERTIFICATES ISSUED TO A QUALIFIED TAXPAYER MAY NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS PER INCOME TAX YEAR FOR A MAXIMUM OF THREE INCOME TAX YEARS, AND EXCEPT THAT THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY SHALL NOT ISSUE MORE THAN THE NUMBER OF DEDUCTION CERTIFICATES PER INCOME TAX YEAR SET FORTH IN SECTION 35-75-107 (1) (u), C.R.S.

(IV) FOR PURPOSES OF THIS PARAGRAPH (v):

PAGE 2-HOUSE BILL 16-1194

7/21/16 Collected Articles Page 66 of 71 (A) "AGRICULTURAL ASSET" MEANS LAND, CROPS, LIVESTOCK AND LIVESTOCK FACILITIES, FARM EQUIPMENT AND MACHINERY, GRAIN STORAGE, OR IRRIGATION EQUIPMENT.

(B) "COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY" MEANS THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY CREATED IN SECTION 35-75-104, C.R.S.

(C) "DEDUCTION CERTIFICATE" MEANS A CERTIFICATE ISSUED BY THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY CERTIFYING THAT A QUALIFIED TAXPAYER QUALIFIES FOR THE INCOME TAX DEDUCTION AUTHORIZED IN THIS SECTION AND SPECIFYING THE AMOUNT OF THE DEDUCTION ALLOWED.

(D) "ELIGIBLE BEGINNING FARMER OR RANCHER" MEANS A FARMER OR RANCHER RESIDING IN THE STATE WHO HAS A NET WORTH OF LESS THAN TWO MILLION DOLLARS, WILL PROVIDE THE MAJORITY OF THE DAILY PHYSICAL LABOR AND MANAGEMENT ON THE QUALIFIED TAXPAYER'S AGRICULTURAL ASSET OR WILL USE THE QUALIFIED TAXPAYER'S AGRICULTURAL ASSET THE MAJORITY OF THE TIME, HAS PLANS TO FARM OR RANCH FULL-TIME, HAS NOT BEEN ENGAGED IN FARMING OR RANCHING FOR MORE THAN TEN YEARS, HAS FARMING OR RANCHING EXPERIENCE OR EDUCATION, AND HAS PARTICIPATED IN A FINANCIAL MANAGEMENT EDUCATIONAL PROGRAM APPROVED BY THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY.

(E) "QUALIFIED LEASE" MEANS A LEASE ENTERED INTO BETWEEN A QUALIFIED TAXPAYER AND AN ELIGIBLE BEGINNING FARMER OR RANCHER FOR THE QUALIFIED TAXPAYER'S AGRICULTURAL ASSET THAT IS APPROVED BY THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY AND HAS A DURATION OF AT LEAST THREE YEARS.

(F) "QUALIFIED TAXPAYER" MEANS A TAXPAYER, INCLUDING A PARTNERSHIP, S CORPORATION, OR OTHER SIMILAR PASS-THROUGH ENTITY, WHO OWNS AN AGRICULTURAL ASSET LOCATED IN THE STATE.

(V) TO CLAIM THE DEDUCTION ALLOWED IN THIS PARAGRAPH (v), THE QUALIFIED TAXPAYER SHALL ATTACH A COPY OF THE DEDUCTION CERTIFICATE ISSUED BY THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY TO THE TAXPAYER'S RETURN. NO TAX DEDUCTION IS ALLOWED

PAGE 3-HOUSE BILL 16-1194

7/21/16 Collected Articles Page 67 of 71 UNDER THIS PARAGRAPH (v) UNLESS THE TAXPAYER PROVIDES THE COPY OF THE DEDUCTION CERTIFICATE.

(VI) THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY SHALL, IN A SUFFICIENTLY TIMELY MANNER TO ALLOW THE DEPARTMENT OF REVENUE TO PROCESS RETURNS CLAIMING THE DEDUCTION ALLOWED BY THIS SECTION, PROVIDE THE DEPARTMENT OF REVENUE WITH AN ELECTRONIC REPORT OF THE QUALIFIED TAXPAYERS RECEIVING A DEDUCTION CERTIFICATE AS ALLOWED IN THIS SECTION FOR THE PRECEDING CALENDAR YEAR THAT INCLUDES THE FOLLOWING INFORMATION:

(A) THE QUALIFIED TAXPAYER'S NAME;

(B) THE QUALIFIED TAXPAYER'S SOCIAL SECURITY NUMBER; AND

(C) THE AMOUNT OF THE DEDUCTION ALLOWED IN THIS SECTION. (VII) THIS PARAGRAPH (v) IS REPEALED, EFFECTIVE DECEMBER 31, 2023.

SECTION 2. In Colorado Revised Statutes, 39-22-304, add (3) (o) as follows:

39-22-304. Net income of corporation - legislative declaration - definitions - repeal. (3) There shall be subtracted from federal taxable income:

(o) (I) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:

(A) THE STATE IS SEEING A CONTINUED TREND OF AGING FARMERS AND RANCHERS;

(B) THE CURRENT AVERAGE AGE OF A FAMILY FARM OR RANCH OPERATOR IN COLORADO IS FIFTY-NINE;

(C) THERE IS A NATIONAL AND LOCAL FOCUS ON THE BENEFITS OF LOCAL FOODS, AND AT THE SAME TIME A NEW GENERATION OF FARMER IS EMERGING, BUT THE BEGINNING FARMERS OR RANCHERS ARE HAVING TROUBLE FINDING LAND TO LEASE; AND

PAGE 4-HOUSE BILL 16-1194

7/21/16 Collected Articles Page 68 of 71 (D) THE INCOME TAX DEDUCTION ALLOWED IN THIS PARAGRAPH (o) IS INTENDED TO BE AN INCENTIVE FOR AGING FARMERS OR RANCHERS TO LEASE THEIR AGRICULTURAL ASSETS TO BEGINNING FARMERS OR RANCHERS IN ORDER TO GIVE THE BEGINNERS A CHANCE TO GET STARTED IN THE INDUSTRY.

(II) FOR INCOME TAX YEARS BEGINNING ON OR AFTER JANUARY 1, 2017, BUT BEFORE JANUARY 1, 2020, IF A QUALIFIED TAXPAYER ENTERS INTO A QUALIFIED LEASE WITH AN ELIGIBLE BEGINNING FARMER OR RANCHER, AN AMOUNT SPECIFIED IN A DEDUCTION CERTIFICATE ISSUED BY THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY THAT IS EQUAL TO TWENTY PERCENT OF THE LEASE PAYMENTS RECEIVED FROM AN ELIGIBLE BEGINNING FARMER OR RANCHER AS SPECIFIED IN THE QUALIFIED LEASE, NOT TO EXCEED THE AMOUNT SPECIFIED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH (o).

(III) THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY MAY ISSUE MORE THAN ONE DEDUCTION CERTIFICATE TO EACH QUALIFIED TAXPAYER IF SUCH QUALIFIED TAXPAYER ENTERS INTO MORE THAN ONE QUALIFIED LEASE WITH MORE THAN ONE ELIGIBLE BEGINNING FARMER OR RANCHER; EXCEPT THAT THE TOTAL AMOUNT SPECIFIED IN ALL DEDUCTION CERTIFICATES ISSUED TO A QUALIFIED TAXPAYER MAY NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS PER INCOME TAX YEAR FOR A MAXIMUM OF THREE INCOME TAX YEARS, AND EXCEPT THAT THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY SHALL NOT ISSUE MORE THAN THE NUMBER OF DEDUCTION CERTIFICATES PER INCOME TAX YEAR SET FORTH IN SECTION 35-75-107 (1) (u), C.R.S.

(IV) FOR PURPOSES OF THIS PARAGRAPH (o):

(A) "AGRICULTURAL ASSET" MEANS LAND, CROPS, LIVESTOCK AND LIVESTOCK FACILITIES, FARM EQUIPMENT AND MACHINERY, GRAIN STORAGE, OR IRRIGATION EQUIPMENT.

(B) "COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY" MEANS THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY CREATED IN SECTION 35-75-104, C.R.S.

(C) "DEDUCTION CERTIFICATE" MEANS A CERTIFICATE ISSUED BY THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY CERTIFYING

PAGE 5-HOUSE BILL 16-1194

7/21/16 Collected Articles Page 69 of 71 THAT A QUALIFIED TAXPAYER QUALIFIES FOR THE INCOME TAX DEDUCTION AUTHORIZED IN THIS SECTION AND SPECIFYING THE AMOUNT OF THE DEDUCTION ALLOWED.

(D) "ELIGIBLE BEGINNING FARMER OR RANCHER" MEANS A FARMER OR RANCHER RESIDING IN THE STATE WHO HAS A NET WORTH OF LESS THAN TWO MILLION DOLLARS, WILL PROVIDE THE MAJORITY OF THE DAILY PHYSICAL LABOR AND MANAGEMENT ON THE QUALIFIED TAXPAYER'S AGRICULTURAL ASSET OR WILL USE THE QUALIFIED TAXPAYER'S AGRICULTURAL ASSET THE MAJORITY OF THE TIME, HAS PLANS TO FARM OR RANCH FULL-TIME, HAS NOT BEEN ENGAGED IN FARMING OR RANCHING FOR MORE THAN TEN YEARS, HAS FARMING OR RANCHING EXPERIENCE OR EDUCATION, AND HAS PARTICIPATED IN A FINANCIAL MANAGEMENT EDUCATIONAL PROGRAM APPROVED BY THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY.

(E) "QUALIFIED LEASE" MEANS A LEASE ENTERED INTO BETWEEN A QUALIFIED TAXPAYER AND AN ELIGIBLE BEGINNING FARMER OR RANCHER FOR THE QUALIFIED TAXPAYER'S AGRICULTURAL ASSET THAT IS APPROVED BY THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY AND HAS A DURATION OF AT LEAST THREE YEARS.

(F) "QUALIFIED TAXPAYER" MEANS A TAXPAYER WHO OWNS AN AGRICULTURAL ASSET LOCATED IN THE STATE.

(V) TO CLAIM THE DEDUCTION ALLOWED IN THIS PARAGRAPH (o), THE QUALIFIED TAXPAYER SHALL ATTACH A COPY OF THE DEDUCTION CERTIFICATE ISSUED BY THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY TO THE TAXPAYER'S RETURN. NO TAX DEDUCTION IS ALLOWED UNDER THIS PARAGRAPH (o) UNLESS THE TAXPAYER PROVIDES THE COPY OF THE DEDUCTION CERTIFICATE.

(VI) THE COLORADO AGRICULTURAL DEVELOPMENT AUTHORITY SHALL, IN A SUFFICIENTLY TIMELY MANNER TO ALLOW THE DEPARTMENT OF REVENUE TO PROCESS RETURNS CLAIMING THE DEDUCTION ALLOWED BY THIS SECTION, PROVIDE THE DEPARTMENT OF REVENUE WITH AN ELECTRONIC REPORT OF THE QUALIFIED TAXPAYERS RECEIVING A DEDUCTION CERTIFICATE AS ALLOWED IN THIS SECTION FOR THE PRECEDING CALENDAR YEAR THAT INCLUDES THE FOLLOWING INFORMATION:

PAGE 6-HOUSE BILL 16-1194

7/21/16 Collected Articles Page 70 of 71 (A) THE QUALIFIED TAXPAYER'S NAME;

(B) THE QUALIFIED TAXPAYER'S COLORADO ACCOUNT NUMBER; AND

(C) THE AMOUNT OF THE DEDUCTION ALLOWED IN THIS SECTION.

(VII) THIS PARAGRAPH (o) IS REPEALED, EFFECTIVE DECEMBER 31, 2023.

SECTION 3. In Colorado Revised Statutes, 35-75-107, add (1) (u) as follows:

35-75-107. General powers and duties of authority. (1) In addition to any other powers specifically granted to the authority in this article, the authority has the following powers:

(u) TO RECEIVE APPLICATIONS AND ISSUE DEDUCTION CERTIFICATES FOR THE INCOME TAX DEDUCTION FOR A PORTION OF LEASE PAYMENTS RECEIVED BY A QUALIFIED TAXPAYER FOR LEASING THE TAXPAYER'S AGRICULTURAL ASSET TO AN ELIGIBLE BEGINNING FARMER OR RANCHER AS ALLOWED IN SECTIONS 39-22-104 AND 39-22-304, C.R.S.; EXCEPT THAT THE AUTHORITY SHALL NOT ISSUE MORE THAN ONE HUNDRED DEDUCTION CERTIFICATES PER INCOME TAX YEAR. THE AUTHORITY SHALL REQUIRE THAT A COPY OF THE SCHEDULE F THAT THE ELIGIBLE BEGINNING FARMER OR RANCHER FILED WITH THE ELIGIBLE BEGINNING FARMER'S OR RANCHER'S FEDERAL INCOME TAX RETURN BE INCLUDED AS A PART OF THE APPLICATION FOR A DEDUCTION CERTIFICATE.

SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2016, if adjournment sine die is on May 11, 2016); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless

PAGE 7-HOUSE BILL 16-1194

7/21/16 Collected Articles Page 71 of 71