1
January 28, 2015 VOLU M E 5 0 | I S S UE 4 | 7 5 ¢
Tri-LakesTribune.net T R I - L A K E S R E G I O N , M O N U M E N T, G L E N E A G L E , B L A C K F O R E S T A N D N O R T H E R N E L P A S O C O U N T Y
A publication of
Palmer Lake, Monument citizens flood meeting Officials say it is a water rights issue, citizens say it is community By Rob Carrigan
rcarrigan @coloradocommuntymedia.com Monument Town Hall flooded out of trustee chambers into the halls with concerned citizens from the Tri-Lakes area — as the board of trustees, town manager and other town officials outlined positions in a Palmer Lake/ Monument water rights case, and listened to comments from the crowd. Representatives from “Awake Palmer Lake” and others mostly identified it as a “community issue” and asked Monument to withdraw their opposition to a water rights position that is scheduled to be heard in state water court on Feb. 3. Monument’s Mayor Rafael Dominguez said “It’s a water rights issue,” and the town is not opposed to filling the lake, they just need be sure the consequences won’t affect their town in a negative way. He said the the town did not initiate the action. Industrial water rights that originated in Palmer Lake for use by railroads for steam engines and continued to fill the lake until 2002, when the state stopped that use. Now, the town of Palmer Lake is asking the
state water board for permission to fill the lake using water from that recently unused industrial right. Residents of both towns asked why Monument is opposed. Current litigation restricts how Monument’s board of trustees can respond, say town officials. The town’s attorney, Gary Shupp, said Monument isn’t opposed to filling the lake. “The question is how it is going to be filled and whether or not the water in question, if it’s used to fill the lake, has a detrimental impact on Monument,” he said. The town’s Public Works Director, Thomas Tharnish, said filling Palmer Lake could damage Monument’s ability to provide water for its citizens. “By our numbers, taking 67 acre feet of water is going to seriously drop the level of Monument Lake.” Both towns, Palmer Lake and Monument, and state water attorneys are working to come to an agreement, said Monument officials.
POSTAL ADDRESS
Jeff Hulsman, of the Awake Palmer Lake Committee, noted that the decisions on what do with water ultimately rests with Monument Board of Trustees, and encouraged them to think of the entire community.
(USPS 418-960)
OFFICE: 325 Second Street, Suite R Monument, CO 80132 PHONE: 719-687-3006 A legal newspaper of general circulation in El Paso County, Colorado, the Tri-Lakes Tribune is published weekly on Wednesday by Colorado Community Media, 1200 E. Highway 24, Woodland Park, CO 80863. PERIODICALS POSTAGE PAID AT MONUMENT, COLORADO and additional mailing offices. POSTMASTER: Send address change to: 9137 S. Ridgeline Blvd., Suite 210 Highlands Ranch, CO 80129 DEADLINES: Display: Thurs. 11 a.m. Legal: Thurs. 11 a.m. | Classified: Mon. 10 a.m. G ET SOCIAL WITH US
P L EA SE R ECYC L E T H I S C OPY
Gary Shupp, town attorney for Monument said the town isn’t opposed to filling the lake. “The question is how it is going to be filled and whether or not the water in question, if it’s used to fill the lake, has a detrimental impact on Monument.”
City officials outline water rights position Staff report
TRI-LAKES TRIBUNE
Despite the primary draw being about the lack of water in Palmer Lake, the meeting chambers hosted more than a full house with runoffs into the hallways Tuesday, Jan. 20, in the Monument Town Hall. Photos by Rob Carrigan
Editor’s note: The following information was distributed at the Tuesday, Jan. 20, Monument Board of Trustees meeting and later on the town’s site and Facebook page. Palmer Lake/Monument Water Rights Case Facts 1. Our water attorney and Palmer Lake’s water attorney,
spoke yesterday. The Palmer Lake water attorney said that his plan was to seek settlement discussions with Monument now that they have stipulations with the other opposers, and that he would be glad to get a proposal from Monument, which our attorney is working on. This is between the town of Monument and the town of Palmer Lake.
2. If Monument and Palmer Lake can come to an agreement for stipulation on this water right, the court would enter a decree pursuant to that stipulation which would conclude the case and it would not go to trial, currently scheduled for the first part of February. This is our ultimate goal and both town’s attorneys are in the process of working on this.
3. It has been reported that “Monument will spend over $40K fighting this case.” This is not true. We have spent $13,851.47 so far on this case from its beginning in 2014. It is unlikely the trial will cost in excess of $26K, according to our attorney. 4. It has been reported that Water continues on Page 4
Black Forest recovery reaches milestone More to recovery than replacing homes, removing burned trees By Norma Engelberg Contributing writer
The Black Forest Fire started June 11, 2013. By the time the fire was contained, nine days later, two people were dead, 488 homes and countless numbers of outbuildings were destroyed and the burn area covered 14,280 acres. Now, 18-months later, while there is a long way to go, the signs of recovery are everywhere. “We’re past the halfway mark for new construction permits,” said Kathy Russell, public information officer for Black Forest Together. “We’ve hit 54.7 per-
cent with 267 permits issued by the Pikes Peak Regional Building Department. They’ve been a big help.” The Black Forest Together website states that 180 replacement homes have been completed. Because many of the people affected by the fire have livestock, some of the first buildings replaced were the barns, sheds and coops needed to house the animals so their owners could end the expense of boarding them. Removing burned timber is also proceeding apace. Recovery isn’t just about replacing buildings and clearing burned land, it also includes fuels mitigation in the forest that remains. “One of our main efforts is the make people aware that the large
areas that didn’t burn at still at risk for wildfire; just as much risk as the forest was when it burned the first time,” Russell said. Black Forest Together Forest Recovery Program Manager Scott MacDonald added, “If we want to avoid another big fire, we must mitigate. We’re finding ways to reduce the cost of mitigation but it won’t be free.” One cost-reducing strategy has come in the form of a grant from the Colorado Department of Natural Resources. “The grant offers a great opportunity now but we need to get neighbors together to take advantage of the program,” MacDonald said. “To be effective, we need groups of five or so to pool their acreages. We’re looking for size and contiguity.”
“Nature doesn’t recognize 5-acre properties,” Russell said. “We found that out during the fire. If one owner mitigated his property but his neighbors did nothing, the fire just rolled on through. We know that some mitigation is good but more is better.” This grant offers an opportunity to educate the neighborhoods, MacDonald said, adding. “I like to ask people if they moved here for the forest or if they came for the trees. If they came for the forest, they need to make sure the forest is healthy.” “It’s like a bell curve,” Russell said. “Some people at one edge of the curve will never be convinced to mitigate, they won’t change. But people in the middle of the curve Forest continues on Page 4