Mr. Speaker, I rise today to pay tribute to the Middle Park Land Trust and the Denver Water Department for their efforts in creating an outstanding conservation easement for Colorado's citizens in Grand County, Colorado. Open space in…
Mr. Speaker, I rise today to pay tribute to the Middle Park Land Trust and the Denver Water Department for their efforts in creating an outstanding conservation easement for Colorado's citizens in Grand County, Colorado.
Open space in Grand County and the rest of our state is coming under increasing pressure because of the rapid expansion of Colorado's population. In response, Grand County's elected officials and citizens partnered together to begin a 7-year odyssey to protect and preserve the open ranges, meadows and ridges in the Fraser Valley. Through a series of deed restrictions, conservation easements and open space development, more than 20,000 acres of land are now under some form of protection from development in Grand County.
The Denver Water Department was encouraged to ``donate'' properties they owned because of the efforts of Grand County citizens to raise approximately $6,000 in funds to help cover some of the costs related to monitoring lands in perpetuity and to provide funds to pay legal fees in case the easement is questioned in court.
The Colorado General Assembly partnered in this historic easement by passing legislation that changed tax deductions to tax credits and increasing the value of allowable easements from $100,000 to $260,000, thus encouraging the development of multiple land trusts across the state.
Road and trail easements are now being developed to connect the towns of Fraser and Winter Park while protecting connecting routes and surrounding lands. Once again, citizens in the county, Fraser's local library and county officials have been encouraged in their efforts by the historic conservation easement crafted by Grand County citizens.
The Middle Park Land Trust has had its most successful and productive year. I applaud their innovative conservation efforts and encourage more partnerships like this, not only in Colorado's pristine mountain counties, but throughout the country as we seek to preserve our Nation's beautiful lands for now and for generations to come. Present and future generations will be thankful for the foresight in preserving some of the landscapes such as these in Grand County that inspire, enhance wildlife and recreational opportunities.
I have attached a copy of a local newspaper story about this important effort.
[From the Winter Park Manifest Oct. 29, 2003]
Meadows Are Open Forever
(By Harry Williamson)
As you take your drive into the Fraser Valley this week,
check out the meadows on the west side of Highway 40 just
south of Tabernash.
Ignoring a couple of dilapidated, ancient cabins way back
in the trees, there's not a spec of building to be seen. It's
just horses and the occasional coyote moving among the
sagebrush.
And that's the sight you're going to see forever--never a
house, never businesses bordering the highway--thanks to a
deal finalized by the county, the Middle Park Land Trust and
the Denver Water Department.
Completing seven years of work, a conservation easement has
been signed that protects the 514 acres, part of the old
Stadelman Ranch, from any type of development ever taking
place.
In addition, the approximately 300 acres on the east side
of the highway is also protected by deed restrictions signed
by the landowners that prohibits any building in those
meadows. The only land that is not removed from possible
future building is the approximately 160 acres at the far
north end, just before Tabernash, which is owned by the city
of Arvada.
And, the approximately 45 acres of meadow in the Hidden
River Ranch subdivision, located just north of the meadows on
the west side of the highway is also removed from development
by a deed restriction.
So what you see today in those meadows, is pretty much what
you're always going to get.
``In all of our surveys concerning what land local
residents wanted to see protected, these meadows were always
very high on the list,'' said Cindy Southway, Land Trust
director.
The easement on the west side meadows was signed between
Denver Water and the county, which was assisted by the Land
Trust in developing the agreement.
Denver Water also owns the slightly more than 900 acres
atop the ridge further west of the meadows, heavily-treed
land that the agency likely plans to sell for development.
Commissioner James Newberry said that under the agreement a
developer would be able to use the meadows as a portion of
the open space required to develop the remainder of the land
under the county's Rural Land Use Process, which requires at
least 66 percent open space. This type of land development
was developed by the county in 1999 as a way to maintain the
rural character of the county.
County officials said that since the land atop the ridge is
not included in an urban growth area, as designated by the
county's master plan, the only way it can be developed is
through the rural land process.
Southway said that if and when the land is sold for
development, it is hoped that a new conservation easement
could be developed between the new owner and the Land Trust.
``We're in the business of holding these easement, and we
could work with that developer to tighten it (the easement)
up to get them tax benefits,'' she said.
The effort to get the meadows under easement was started
approximately seven years ago by the Land Trust, then called
the Grand County Land Conservancy. The idea, however,
floundered over the years for various reasons, including
Denver Water's hesitance to make what the Land Trust referred
to as a ``donation'' to cover some of the cost of
``monitoring the land for perpetuity. Southway added that
funds are also needed to be held in reserve to pay legal fees
in case the easement is ever questioned in court.
She said that when a landowner balks at making a donation,
then the Land Trust does fundraisers to obtain the funds,
with approximately $6,000 raised for the Denver Water
project.
Newberry said that the county, involved in other
discussions with Denver Water, suggested a few months ago
that negotiations on the easement possibility be resumed. He
said that due to state legislation passed last year counties
are now able to hold non-development easements.
``Once Denver Water started talking about it, we got this
thing done in record time, considering there was a government
entity on the two ends of the deal,'' Newberry said.
He added that the negotiations, once restarted, took just
under three months.
Newberry said another agreement has been finalized where
Denver Water has donated an easement of an existing old farm
road that extends along the bottom of the ridge. He said the
county's plan is to make the roadway part of the Fraser
Valley Parkway, which has been a concept for the last 20
years as an alternative route to Highway 40. Officials said,
once developed, the roadbed would be a 60 feet wide collector
road consisting of two lanes.
He said the county has already acquired the necessary
right-of-way for the parkway from County Road 522, through
two developments near Tabernash and on through, via the
Denver Water road, to County Road 50.
Newberry said the county is currently working with the town
of Fraser, the library and the people who own the land
between County Roads 50 and 73 to identify and purchase a
road easement. Once this route, to also include a trail
easement, is determined the road would connect with the
existing parkway. Plans are for the parkway to then run
through a still-to-be-determined route through the Rendezvous
subdivision and on through the town of Winter Park.
Southway said 2003 has been a very successful year for the
Middle Park Land Trust, which was started in 1995. She said
that, during the year, approximately 1,400 acres have either
been put under easement or that an agreement is being
finalized. She added that its been her agency's most
productive year, due in large measure to legislation passed
last year that gives Colorado tax credits for land put under
a conservation easement.
She explained that the state before was like the federal
government where a tax deduction was given.
``The State of Colorado changed to a tax credit, and
increased the maximum value of the easement allowable for the
credit from $100,000 to $260,000. These tax credits are
dollar for dollar, and they're a commodity, they can be sold.
This makes it much more attractive for landowners, who retain
ownership and use of the land. They just can't develop it,''
she said.
``The exciting thing is that it has been a great year for
land trusts all across Colorado,'' she added.
Southway said that there are currently approximately 20,000
acres of land now under some form of non-development easement
in Grand County.