Webmaster Introduction: This post is also located here: Appendix 1: Crestone / Baca Battles and is part of the extended series of articles I wrote entitled Preface: Is Crestone/Baca the “Vatican City of the New World Order?” An Expose of the New World Religion.

A popular saying in the Crestone/Baca New Age spiritual community is that one often sees “the macrocosm in the microcosm.” This is certainly true of the sparsely-populated Crestone/Baca and Saguache County (population: about 1500 and 6,000, respectively.) Here, locals commonly speak of their neighbors being “thrown under the bus”- a phrase also associated with hard-ball political “assassinations” in Washington, D.C. And stangely, local political differences are commonly magnified into no-holds barred, “fight to the death” struggles. Why?

The letters, emails, and information provided in this post, covering the period 2008 to 2013, treat only a small portion of political doings in our small community. But I believe they reveal much about how a small, determined group of individuals, mostly foreigners, has successfully manipulated Crestone/Baca land and water use policies over a protracted period. As I edit this post on July 25, 2021, it seems to me that the tactics employed by this small group to force their will on the citizens of Crestone/Baca and Saguache County strongly resemble mafia-style tactics now being deployed against the entire American and world population during the 2020-2021 communist-Bolshevik Revolution. The words bullying, abuse, trickery, deception, fraud, conceit, and contempt come to mind as characteristic of our self-appointed masters.

There is a relatively simple explanation for this apparently bizarre circumstance: UN Agenda 21/2030. The corrupt, top-down UN Agenda 21 system, supposedly the brainchild of local (Canadian) land baron and UN-potentate, Maurice Strong, has been locally applied through “Local Agenda 21” by teams of plain-clothed “change agents” working in concert with “public-private-partnerships” in and around our community.

As Secretary General of the UN’s Conference on Environment and Development, aka the 1992 Rio Earth Summit, Maurice Strong rolled out UN Agenda 21 on the world. One hundred and seventy-nine nations, including the US, signed on to this series of soft-law policies at that time. Thus, it is not surprising that this same extraordinarily anti-democratic UN Agenda 21 (now termed Agenda 2030) system has been rolled out on the entire world as “The Great Reset.” Behind appealing buzzwords such as “sustainable development,” etc., this system amounts to fascism, feudalism, and totalitarian rule by the very few.

In fact, actual implementation of Agenda 2030, as we see now globally, amounts to undeclared, unconventional warfare against democratic nations, institutions, and peoples. Unfortunately, my experience and research indicates unequivocally that the US government and its military-intelligence-corporate establishment are helping to implement this “bloodless coup” against the US Constitution and the American and world population.

This communist-fascist revolution has been consummated and, in my opinion, America has fallen to these foreign invaders. American citizens could conceivably rally and throw off these new shackles as they did in 1776. But given the massive confusion, propaganda, mind control, and multiple (hybrid warfare) assaults upon the people, the chances of successful counter-revolution seem slim. Thus, this website and this post probably represent primarily an academic exercise to help us understand what happened to our once great nation.

In the addendum to this post, I identify the 5th column invaders of our small resource-rich county in southern Colorado. Acting in concert, much like a well-funded invading army, these individuals and corporate players have consistently “had their way” with Crestone/Baca citizens (think rape) and subverted existing laws and the will and health of the citizens, regardless of our best efforts to defend our communities.

Crimes or potential crimes committed by local officials and businesses highlighted in these letters and documents:

1) Election fraud and mismanagement of Baca Grande Water and Sanitation District by BGW&S Board of Directors and their parent company, SDMS (Special District Management Services).

2) Possible deliberate poisoning of Baca water supply by Baca Grande Water and Sanitation District and it’s parent company SDMS through excessive concentrations of chlorine and ortho-polyphosphate (OPP).

(Question: Were the BGW&S Board of Directors trying to drive out and/or compromise the health of the members of the Baca commmunity? Or alternatively, was some kind of medical experiment/procedure being secretly and nonconsensually applied to Baca residents? Now that so-called vaccines, actually non-tested synthetic genetic manipulations are being mandated for citizens worldwide, this is a very serious question.)

3) Apparently illegal road and trail closures that effectively cut off American citizens from their public lands.

4) As a civilian activist dedicated to preserving the quality of our water and access to public lands, I was apparently “watchlisted” as a “domestic extremist” or “terrorist threat” through the DHS system and have been secretly targeted and tortured by the US-Stasi state since 2013. I refer to this system as G5 for Global Government Gangstalking Genocide Gestapo in my gangstalkingmindcontrolcults.com website, which now has over 1700 posts. The timing of the onset of these covert attacks suggest that I was placed into the program as punishment and retribution for my political activism in Crestone, Colorado. Perpetrators of this “gangstalking-electronic harassment” program are guilty of committing a felony crime up to and including murder. Additionally, depriving an American citizen of his Constitutionally-guaranteed civil liberties is treason punishable by death.

Appendix 1. Recent Crestone/Baca Land/Water Battles: Water Quality, Drought, Access to Public Land, Election Fraud, etc.

I. The Battle For Clean Drinking Water and Against OPP

A. Letters from the Community re: Water and Sanitation District actions

BGCAN REVIVAL

Letter 1: Bill Johnson composite letter for the BGCAN Steering Committee and to Crestone Eagle (June, 2010):

Hello Baca Residents: I am a builder in the Baca and built the new addition at the Baca Grande Water & Sanitation District Headquarters.

I am also one of the founders of the Baca Grande Citizens Action Network (BGCAN).

BGCAN is re-organizing due to concerns that need to be addressed about the operations at the Water and Sanitation District:

-The fairness of the most recent election May 2010
-The 2010 budget, monies appropriated and discrepancies in how they are being spent
– Protection of water rights for the benefit of the customers of the District
– Increased costs of operation, especially management costs
– Incurrence of additional debt resulting in rising costs passed on to customers
– Reliability of infrastructure
– Transparency and accountability of the board and management to the customers
– BGCAN has observed that the current Board that has very little water and sewer expertise or background in understanding budgets and financial reports. They are relying on Denver consultants charging $122 to $320 per hour to make decisions for local residents.

Recently, our group has found some serious problems with the Baca Grande Water and Sanitation District. For the first time in 9 years, I did not get a ballot to vote in the May, 2010 bond election to approve or disapprove the District’s proposal to borrow an additional $6 million. I asked some other people if they got ballots, some said no. So it would seem that the management company (SDMS) now in charge of the District has somehow managed to short-circuit our constitutional right to vote.

SDMS was in charge of receiving all the ballots in Denver and counting all the votes in-house. However, there was with NO independent election committee oversight, NO local polling place, and NO transparent election process! The Water board claims the bond proposal passed by 13 votes, but without representatives from our own electorate monitoring the election process (as required by Colorado law), how do we know that the election was fair? What are the District’s plans for our future? Does this bond issue have to do with a recent District proposal to purchase water rights from the Baca National Wildlife Refuge? Whose agendas are being advanced here? Will this plan benefit Baca residents or lead us to bankruptcy? As we now have a Board that has very little water and sewer expertise and very little understanding of budgets and financial reports, it would be easy for this Denver company to have their way with us. Water economics and politics are a huge issue in our valley, our state, our nation. The value of water in the confined aquifer in the San Luis Valley has been estimated at tens to hundreds of billions of dollars.

I have been putting in water and sewer lines since I was 13 years old. I am now 55 years old. I know something fishy when I see it. RESIDENTS need to check into the outrageous management fees and the even more outrageous attorney fees now being run up by this Water board and this management company, SDMS. If you don’t want this trend to continue and perhaps get even worse, please get involved with BGCAN. We stopped the runaway spending at the POA—no dues increases for the past 3 years—now it is time to do the same with Baca Grande Water & Sanitation District, where the present excesses are far more extreme. Get involved. Get educated before it’s too late. It is the only way to protect yourself. Call Bill Johnson at 480-5873 or email at [email protected] or Steve Winn at 256-4096 or email at [email protected].

B. My Letters to BACA WATER AND SANITATION DISTRICT

1. JULY 13, 2011

Water Quality in the Baca- A Baca Resident’s Perspective

Dr. Eric Karlstrom, Professor of Geography, July 13, 2011

Submitted to the Baca Grande Water and Sanitation Board of Directors

And Baca Grande Property Owners Association Board of Directors

“First, do no harm.” Hippocratic oath

Like many Baca residents, I was drawn to this area because of its spectacular and pristine environment. And like others, since building my house in 2000/2001, I have become accustomed to our exceptionally pure air and water. Recently, however, some Baca residents have complained of suffering from serious and adverse health problems- thought to be due to drinking the Baca water. Some Baca residents also believe that the water may be harming their pets and plants. My own example: Our 9-lb., 13-year old, blind, miniature Dachshund became quite ill with intestinal problems (really for the first time in his life) a few weeks ago, but he recovered rapidly and completely after we switched him (and us) to drinking store-bought bottled water. We regard Brandon as being, perhaps, a “canary in the coal mine” for our community. We will continue purchasing and drinking bottled water until the quality of our tap water improves.

In the past few weeks, a number of Baca residents have met to try to educate ourselves and each other on this issue. We would now hope to begin a dialogue with the individuals who are responsible for maintaining our water quality and protecting our health. Here, briefly, is what I have learned thus far:

1) Our water district, the Baca Grande Water and Sanitation District, was run for decades by two members of our community, Scott Johnson and Steve McDowell. For the past nearly three years, however, it has been run by a for-profit management team in Denver, Colorado named SDMS, and its engineering firm sub-contractor. Many Baca residents now perceive there has been a significant erosion of local control and influence over our water district and our water quality.

2) Although the water from our local San Luis Valley aquifer is some of the most pure and pristine anywhere, water engineers sometimes refer to this water as “corrosive” or “aggressive.” These terms are somewhat misleading in that they imply there is something wrong with the water that needs to be remedied.

2) Under SDMS direction, BGW&S has been treating our water with chlorine (state-mandated to kill bacteria) and SeaQuest (not-state mandated), a secret, propriety man-made chemical – ortho-polyphosphate, which is designed to inhibit corrosion of metals in water pipes.

3) Daily additions of these chemicals to our drinking water (at Well 18) have fluctuated significantly. Baca residents complained of extremely high chlorine levels in the water in the fall of 2008. 2 ppm (mg/L) chlorine, which was common in our water at that time, is the normal dosage used in swimming pools. Following these complaints, BGW&S employees gradually began reducing the dosing to the current level of approximately 0.2 ppm. On June 23, 2011, Mark Bluestein of the BGW&S measured 0.21 ppm chlorine at my tap.

4) Current dosing of ortho-polyphosphate into the Baca water is about 1.68 ppm. (Mark Bluestein measured 0.42 ppm at my tap in June 23, 2011. However, SeaQuest representatives note that readings of orthophosphate must be multiplied by a factor of 4 because the ratio of orthophosphate to polyphosphate in their blend is about 1:3). A characteristic of SeaQuest is that its potency remains about the same as it travels through the water system. That is, “residual” levels that occur throughout the water system are about the same as what is added the wellhead. Our community pays $650 per barrel for a 55-gallon drum of SeaQuest, and of course, SeaQuest is the only vendor that supplies this chemical.

5) Various states mandate that the amount of ortho-polyphosphate (OPP) in treated waste water must not exceed 0.3 to 1.0 ppm. Baca drinking water (1.68 ppm) apparently now exceeds these levels. Indeed, studies show that biological systems in aquariums start deteriorating when OPP levels exceed 0.05 ppm.

6) Ironically, on the basis of three separate studies, the Nebraska Water Resources Center Annual Technical Report FY 2003 documents that ortho/polyphosphate actually increases rates of copper corrosion rather than reducing those rates. The report states:

The waters in copper pipes treated by phosphate inhibitors were collected to test for copper by-product release after an 8 or 10 hours stagnation time. At the end of each study, the copper pipes were removed and the pipe scale was analyzed using a Scanning Electron Microscope (SEM). Results from three studies yield the following conclusions: 1) In all cases orthophosphate reduced copper corrosion. 2) In all cases ortho/polyphosphate increased copper corrosion. 3) For all pipes with no treatment in the first two studies, pale-green and adherent scales with malachite were formed on the inner walls of pipes that protected these pipes from further corrosion and resulted in lower copper concentrations in pipes. 4) For all pipes fed phosphate inhibitors, their surfaces appear brown and shiny and no phosphates were found on the surfaces. CuO or/and Cu2O existed on the surfaces.

And among the principle findings of the report that suggest ortho-polyphosphate may be an ineffectual anti-corrosive chemical are:

-With phosphate blends, generally polyphosphate had a stronger negative impact on copper corrosion than the positive impact from orthophosphate.

-The conversion rate of polyphosphate to orthophosphate was about 10% over four days for the communities studied.

What is phosphate and what is ortho-polyphosphate?

The phosphorus cycle is one of the essential biogeochemical cycles (along with nitrogen and carbon cycles) on planet earth. The element phosphorus (P) moves through the lithosphere, biosphere, and hydrosphere- that is, rocks, soils, plants, animals, and water. Phosphorus is an essential nutrient for plants and animals. 80% of phosphorus used by humans is used to make fertilizers and a dilute phosphoric acid is used in soft drinks. When too concentrated, phosphates cause pollution in lakes, streams and groundwater. Enrichment of phosphate nutrients above natural levels (about 0.1 ppm) lead to algal blooms and a depletion of dissolved oxygen in a process called eutrophication. This process destroys aquatic life and ecosystems.

Phosphates are also commonly found in industry applications such as hydraulic fracturing in the oil and gas industry, mining, and used for the same purposes of inhibiting corrosion and scale buildup. Some of these chemical compounds have been found to have adverse health effects based on the research of Dr. Theo Colburn, author Our Stolen Future and founder of TEDX, a nonprofit organization dedicated to compiling and disseminating the scientific evidence on the health and environmental problems caused by low-dose exposure to chemicals that interfere with development and function, aka endocrine disruptors. www.tedx.org.

In nature, phosphorus normally occurs as part of a phosphate ion, which consists of a phosphorus atom and a number of oxygen atoms. The most abundant form is orthophosphate (PO₄), which initially weathers from rocks. Phosphates bind to organic compounds and are a component of nucleotides, which serve as energy storage within cells (ATP) or when linked together, form nucleic acids DNA and RNA. Indeed, the phosphate ester bridge binds the very double-helix form of DNA which is the basis of life.

SeaQuest, by contrast, is a secret, proprietary blend of orthophosphate and polyphosphate in approximately a 1 to 4 ratio, and is a man-made product. SeaQuest is an ortho-polyphosphate (OPP) that was originally designed to reduce the problem of corrosion inside boilers on Navy vessels. It is marketed as a corrosion inhibitor. When OPP reacts with copper and lead, for example, it forms a chemical precipitate (copper phosphate) that builds a thin, gooey, white film on the inside of copper pipes, for example, that protects the pipe from further corrosion.

Carus Corporation website explains as follows: “Orthophosphate react with dissolved metals (e.g., Ca, Mg, An, etc.) in the water to form a very thin metal-phosphate coating or it reacts with metals on a pipe surface to form a microscopic film on the inner surface of the pipe that is exposed to the treated water…. Polyposphate-type chemicals react with soluble metals (iron, manganese, calcium magnesium, etc.) by sequestering (bind-up) the metals to maintain the solubility in water.”

Ortho-polyphosphate is also used as a blood coagulant for hemophiliacs and trauma victims, in the fish farm industry, and in liquid fertilizer for plants. However, its health effects are unknown and indeed, could prove to be much worse than ingestion of copper and lead, the elements that SeaQuest is supposed to protect against. Through contacting SeaQuest directly, one of our community members learned that: 1) OPP levels do not fade over time and distance in water systems and can even be concentrated under the right conditions. 2) SeaQuest is not filterable by most filter systems. 3) No one knows the potent long-term health effects of ingesting SeaQuest. Hence, 4) we ask the BGW&S district to supply our community with information regarding the long-term health effects of ortho-polyphosphates, if indeed, any such studies exist.

The BGW&S strategy

Additions of SeaQuest (ortho-polyphosphate) to our Baca water may not be necessary and indeed, may be causing damage to the health of individuals, pets, and plants. Significantly, no local studies have been conducted that demonstrate that the application of this or any other anti-corrosive chemical is needed. Most Baca homes are modern and utilize plastic PVC pipe. There are no lead or copper components in the Baca and Sanitation water system whatsoever. Hence, the only possible need for OPP would occur in a few of the older homes where there are older copper and lead pipes.

Thus, we residents of the Baca recommend that additions of SeaQuest to the Baca water supply be terminated immediately. This would allow the District to establish some baseline data on the quality of our water and possibly even isolate the occurrences of lead and copper. It would take about 6 to 8 weeks for the system to purge itself of all traces of SeaQuest. At this point, testing could be done to see if any anti-corrosive strategies need to be applied. This testing could be done at the same 20 sites currently used for a period of at least six months.

Finally, our citizen’s group believes that rather than inject a potentially toxic substance into our entire water supply to solve a potentially minor or non-existent problem, it would be much more prudent to identify those few homes with potential problems and resolve those potential problems at each home. There are a number of safer anti-corrosion alternatives than OPP. These include lye, sodium bicarbonate, and again, only treating water at the few homes where such treatment might be needed.

We hope that the BGW&S board of directors will welcome the opportunity of working with members of the Baca community to preserve the purity of our water and the health safety of our community.

2. 12/16/2011

To Whom It May Concern:

What We Think We Know and Don’t Know About Our Baca Water Situation:

Emeritus Geography Professor, Dr. Eric T. Karlstrom

As of 12/16/2011, I’d like to briefly summarize what I think we know and what we don’t know about our Baca water quality situation.

Historical perspective: When I purchased my lots in Chalet I in 1994, the drinking water throughout the Baca was of exceptional quality. When I built my home in 2000, the drinking water was of exceptional quality. Indeed, our municipal water comes from one of the largest freshwater aquifers in North America. So we should never have problems with water quality or quantity in this area.

1) However, about 3 and a half years ago, there was a complete turnover of all Baca Water and Sanitation District employees. This was forced by a newly-comprised BGW&S Board, with Christine Canally presiding. Deb Phenecie and Steve McDowell, the people with the knowledge and experience needed to operate our water system, were dismissed or hounded out.

2) At this time, BGW&S contracted the services of SDMS (Special District Management Service) to manage the operations of the BGW&S. This Denver-based group had no prior experience in managing municipal water districts but has nonetheless profited mightily by providing this service. In 2010, they profited by some $400,000 from our community.

3) In 2008, the “new” water district employees soon began adding chlorine and SeaQuest (OPP or ortho-polyphosphate plus unknown additives) to the water in Chalet 1 and 2. In their inexperience, they overdosed these chemicals by at least 10x at first. Chlorine, added as a state-mandated solution to kill bacteria, was as high as 2 ppm, the amount recommended for swimming pools. SeaQuest (OPP) was added, ostensibly, to fix a “corrosion problem.” That is, this product is advertized as a chemical that will “sequester” copper and lead by forming a film or coat on the interior of copper pipes in residential homes.

4) However, BGW&S never followed the accepted procedures to conduct a base line study that would demonstrated whether or not there was a “corrosion problem” that needed correcting.

5) Interestingly, residents in Crestone, Casita Park, and the Grants do not have these additives in their water. One would think that there would be many more old copper pipes in the older Crestone homes, hence more corrosion, than in the newer homes in the Chalets.

6) The chemical formula used in the making of SeaQuest is proprietary, so we don’t know what is in it. The company that distributes SeaQuest is AquaSmart. According to a phone conversation between local dentist, John Percival, and an AquaSmart representative, Monsanto is the company that developed and patented Seaquest. However, there is nothing in writing that establishes this link and more recently, AquaSmart representatives deny that Monsanto has anything to do with SeaQuest.

7) There have been no long term studies regarding the health effects of SeaQuest on humans and the environment.

8) Local Baca residents began reporting health problems shortly after the new Board was in place in 2008 and the district employees had begun daily injections of these chemicals into our Chalet I and 2 water system.

9) Steve Wade, the BGW&S employee who recommended that the water district try to address these community health concerns, was summarily fired for trying to communicate directly with the Board.

10) Complaints and concerns from local residents (customers) have been dismissed or met with aggressive and intimidating countermeasures; several Baca residents received nasty letters from the SDMS lawyer that threaten legal action against them if they continue to express their concerns.

11) Our community has 42 signatures on petitions requesting that the water district cease adding these chemicals.

12) A member of our community has enlisted legal help from the top water law firm in Colorado. This firm sent a detailed letter to the BGW&S board, indicating numerous ways that the Board and SDMS have been out of compliance with Colorado laws. In this letter, Karen Henderson again emphasized that the Board needs to: 1) perform the needed baseline studies to demonstrate whether or not we indeed have a “corrosion problem,” and 2) find alternatives to SeaQuest if they determine they still need to implement a “corrosion control” strategy.

13) Our efforts over the past year have been met with hostility, ridicule and/or polite stone-walling by the BGW&S board. Until now, their strategy, apparently, has been to “shoot the messenger” rather than listen to the message. At a recent board meeting, Christine Canaly, President of the Board, stated that there is no problem with water quality. Rather, she said, the problem is just with a “few disgruntled individuals.” Hence, the Board is still not taking us or this problem seriously.

14) At today’s meeting (12/16/11) of the Water Board, the board and SDMS seem to have changed tactics and started to try to answer some of our citizens’ concerns regarding water quality. The meeting was packed with concerned citizens and many had to stand, sit on the floor without chairs, stand in the hall, etc. A representative from AquaSmart answered our questions via phone. Although the board listened politely while many of the citizens expressed our concerns re: the water quality, the thrust of the board’s and SDMS’s position remains that SeaQuest is the best product available and that since our complaints amount only to “anecdotal” evidence, we are better off sticking with SeaQuest.

15) The AquaSmart representative emphasized that only food-grade phosphates are included in the patented, proprietary blend of OPP that is SeaQuest. It was stressed that the small amounts used are probably beneficial to humans. And the representative stressed that Monsanto had never been involved in the patenting, producing, or marketing of SeaQuest.

16) In my question/comments, I pointed out that the active ingredient of Roundup is glycophosphate, or glyphosate, which is highly toxic. Glyphosate is a metal chelator that immobilizes particular essential nutrients and in this manner, kills plants and animals. Most pesticides and herbicides (phenoxyprop etc. are copper chelators) are quite specific for particular essential micronutrients, such as copper, zinc, iron, or manganese. They change the solubility or availability of these elements so that the plant or animal cannot use them. Hence, the plant or animal is weakened and/or dies.

17) As it turns out, SeaQuest works as a “corrosion inhibitor” by “sequestering” copper. One government publication (“Ortho-Polyphosphate Corrosion Inhibitors (2006): Selection of Ortho/Poly Ratio”) acknowledges that there is no agreed-upon understanding of just how ortho-polyphosphates act to sequester copper, lead and other cations, including essential nutrients such as calcium and magnesium. The report states:

“There are several theories regarding the role that each form (ortho- and poly-phosphate) plays in the film-forming process. One popular theory rests on the known fact that polyphosphate will act to sequester cations in aqueous solutions while orthophosphates will not. It is also
known that this sequestration property of polyphosphates has synergistic effects, which means that a small amount of polyphosphate will sequester a large amount of reactive cations. According to this theory, only enough polyphosphate should be added to the water supply to ensure that adequate sequestration takes place. An overdose of polyphosphate will act to “strip” the protective orthophosphate film so its concentrations should be minimized. Once the reactive cations (i.e., calcium, iron, and manganese) have been sequestered, which results in the concentrations of polyphosphate being consumed in this process, the orthophosphates will have the opportunity to react in the anodic or cathodic sites to form a protective film. In the absence of sufficient polyphosphate to sequester these reactive cations, the orthophosphate concentrations are consumed by forming premature precipitates with these cations rendering their resulting concentrations to be too low to form protective films at the actively corroding sites. Essentially, the polyphosphate plays the role of the sacrificial lamb in allowing the orthophosphate to remain available to do its job.”

18) Monsanto produced the weed killer, Roundup in 1979. Since the 1990’s, Monsanto has made a strident push to flood the world with genetically-modified crops (GMOs) that have been genetically altered to be resistant to Roundup. Today over 1/3 of US agricultural land (165 million acres) grows genetically modified, or “Roundup Ready” corn, soybeans, alfalfa, canola, and cotton. Again, the active ingredient of Roundup is glycophosphate, or glyphosate, which is highly toxic. Since glyphosate is in each and every cell of these genetically-modified crops, we can therefore speculate that it is also present in our intestinal flora. Could it be that OPP (SeaQuest) is reacting with the glyphosate in our guts to “sequester” or inhibit essential nutrients (cations) that we need?

19) As there have not been any long or short term studies on the health effects of SeaQuest, I believe it is important that we have the answer to these questions before we consent to allow the Baca Grande Water and Sanitation District to continue their program of adding SeaQuest to our drinking water every day.

In all, there were many questions that our community members raised that the BGW&S Board, SDMS, and the AquaSmart representative could not answer. Until these concerns are answered to our satisfaction, we will continue to try to convince the Board that: 1) they need to run the in-house base line studies to determine if we really have a “corrosion problem,” and 2) if they demonstrate this empirically, then we need to utilize one of a number of alternative measures to correct the problem… That do not involve the use of OPP.

Quoted from our last Smart News Volume 1, No.3: “one company, one product, one solution”

Why has the board been so intransigent, so reluctant to respond to the concerns of their customers? We can only speculate. However, it is obvious that business tactics have radically changed. Whereas two generations ago a responsible businessperson might have adopted the philosophy: “A good product needs no advertising,” today the ethos seems to be: “If you complain about our product, we’ll take you to court and bankrupt you.”

It is fairly common knowledge, at least in Crestone/Baca, that the most notorious purveyor of these kinds of aggressive intimidation tactics against consumers is Monsanto. This company is embedded with government and is trying to monopolize all elements of the food chain, including control of the sale of seeds, herbicides, water, and life itself.

Is Monsanto involved? Not Sure, But Here’s Monsanto’s track record:

Many regard Monsanto as the most hated and most evil corporation in the world. October, 16, 2011, World Food Day, was one of the largest days of action and protest in US history. It was called “Millions Against Monsanto.” The protests were directed against genetic engineering of food. Here in brief are highlights of Monsanto’s accomplishments to date:

Over a span of many decades, Monsanto has manufactured and distributed some of the most toxic substances know to man, including PCBs and dioxin. It has produced a phenomenal number of other products, such as plastics, resins, rubber goods, fuel additives, artificial caffeine, industrial fluids, vinyl siding, dishwater detergent, anti-freeze, fertilizers, herbicides, and pesticides. It produced the artificial sweeteners, saccharine and aspartame.

In 1979, Monsanto produced the weed-killer, Roundup. In the 1990’s Monsanto has made a strident push to flood the world with genetically-modified crops (GMOs) that have been genetically altered to be resistant to Roundup. Today over 1/3 of US agricultural land (165 million acres) grows genetically modified (“Roundup Ready”) corn, soybeans, alfalfa, canola, and cotton. Monsanto has bought up over 50 other seed companies in a bid to control the world’s seed supply. Since these seeds have been genetically altered to include the “terminator gene,” farmers can no longer use seeds produced by the plant itself for the next year’s planting, but instead must sign an agreement to purchase new seed each year from Monsanto.

More recently, it pioneered the patenting of seeds and genes and bought up most of the world’s seed companies. “Whoever provides the world’s seeds controls the world’s food supply.” Monsanto has also proclaimed its intention to establish monopoly control of all aspects of the food chain. Also, since the 1990’s:

1) Monsanto manufactured PCBs (polychlorinated biphenals) from 1929 to 1977. PCBs are industrial coolants and insulating fluids for electrical equipment. PCBs are one of a family of chemicals that mimic hormones and have been linked to damage of the liver and to the neurological, immune, endocrine, and reproductive systems. They are listed by the EPA as “probable carcinogens.” Monsanto deliberately concealed, manipulated and falsified scientific data which showed that PCBs were toxic to health.

2) Manufactured Agent Orange, an herbicide or defoliant (active ingredient is 2,3,4-T which has dioxin (TCDD) as by-product. Over 40 million liters of Agent Orange were sprayed over South Vietnam during the Vietnam War. Some 3 million Vietnamese and thousands of US soldiers were exposed and adversely affected as well as all the plants and animals subject to spraying. Agent Orange causes cancer and birth defects. Again, Monsanto manipulated and falsified scientific data to show that it was not cancer-causing. As a result, most affected US soldiers did not received disability from the government. The U.S. government is still working with the government of Vietnam to clean up still-toxic, dioxin “hot spots” in Vietnam.

3) Monsanto manufactured Roundup (a herbicide with glycophosphate as the key ingredient), beginning in 1979. Reuters recently reported that two farm states, Iowa and Mississippi, have significant levels of Roundup in their air, water and soil.

4) In 1982, Monsanto became the first company to genetically modify a plant cell. This has led to a patenting of seeds and life forms, which was previously impossible.

5) Currently, Monsanto controls 90% of U.S. production of soybeans.

6) In the 1990’s, Monsanto started to buy up water companies in an attempt to control water in India and the Third World. Again, it states that it wants to control “all aspects of the food chain.”

7) In the 1990’s, Monsanto developed and aggressively marketed Posilac (rBGH), which is an artificial bovine growth hormone that they claim increases production of milk. No long-term safety studies were ever conducted. However, it has been shown that this product causes lameness in cows, disorders in the uterus, digestive problems, birthing difficulties, and also causes mastitis (infected udders) and an increase of bacteria-growth and pus in milk. This product is so unpopular that many brands of milk advertize that they are “rBGH free.”

8) According to the ETC group, within the last couple years, Monsanto and the other five largest agrochemical and seed corporations have filed hundreds of sweeping, multi-genome patents in order to establish an exclusive monopoly over plant gene sequences that could lead to control of most of the world’s plant biomass- including food, fiber, feed, fuel or plastics. All this is under the misleading guise that they are developing “climate ready” crops. ETC Group states these companies want to become the world’s “biomasters.” “The patent grab on “climate ready” crops is a bid to control not only the world’s food security but also the world’s yet to be commodified biomass.”

In all, Monsanto has produced many chemical substances that they knew to be carcinogenic, as well as, artificial hormones, bioengineered genes, and is trying to establish monopoly control of all aspects of the food “industry”, It is infamous for exercising of “Gestapo” tactics against local citizens. Monsanto has proven in countless nations and communities that it is not a good neighbor.

In “Monsanto’s Harvest of Fear,” Donald L. Bartlett and James B. Steele, Vanity Fair, 2008, state:

As interviews and reams of court documents reveal, Monsanto relies on a shadowy army of private investigators and agents in the American heartland to strike fear into farm country. They fan out into fields and farm towns, where they secretly videotape and photograph farmers, store owners, and co-ops; infiltrate community meetings; and gather information about farming activities. Farmers say that some Monsanto agents pretend to be surveyors. Others confront farmers on their land and try to pressure them to sign papers giving Monsanto access to their private records. Farmers call them the “seed police” and use words such as “Gestapo” and “Mafia” to describe their tactics.

Ode to Monsato

Lyrics by Maimouna Youssef (to the tune of “Mandy”)

Monsanto, you came and you killed without shooting
And I want you to know,
Monsanto, that we know the truth about GMO
And we want you to go.
Monsanto, we trusted you with our fruits and vegetables
You said FDA approval, you lied
See you pay them off and we won’t be pacified
Or digest your mutated Frankenstein products this time
Cause the bottom line is we don’t want,
We don’t want cancer
Say Hell no, GMO, Hell no to GMO
I got a feeling that the government’s trying to poison us
Using water and food we touch
I got a feeling that an apple shouldn’t have
How come a worm won’t come anywhere near it?
How come a worm won’t come anywhere near it?
You better check it out before you give it to your children
You better check it out and ask some questions

Some Bloggers comments:

· Not that it is particularly uncommon or controversial knowledge that Monsanto is one of the most destructive corporate monopolies on the planet, in terms of threat to human and environmental health. This American agro-monopoly manages to continue with their rampage because they have money, an army of lobbyists and lawyers, and powerful political allies in D.C.

buzongtang 4 weeks ago

Monsanto designs and distributes GMO seeds (which cannot be saved or replanted) to farmers all over the world. The rub is, as we saw with Percy Schmeiser (a Canadian farmer), Monsanto employs predatory and coercive legal measures to force farmers into contracts which obligate them into using products such as Roundup and GMO seeds. Monsanto takes that which exists in nature, for instance a seed, modifies it, and then patents it. That is copyrighting life.

Monsanto and its clones Syngenta, Bayer, DuPont and Dow are criminal and global terrorist organizations guilty of crimes against humanity.

PanzerBlitz43 4 months ago 2

References

Monsanto’s Harvest of Fear

www.democracynow.org/2008/5/6/monsantos_harvest_of_fear

Monsanto Moves to Control Water Resources & Fish Farming in …

www.purefood.org/Monsanto/waterfish.cfm

Greenwash: Monsanto? Sustainable? Water bully, I’d say … | Fred …

www.guardian.co.uk/environment/cif…/monsanto–water-greenwash

Monsanto’s GMO corn linked to organ failure.

http://www.huffingtonpost.com/2010/01/12/monsantos-gmo-corn-linked_n_420365.html

Monsanto, GMOs, and the global genocide of science and humanity

www.naturalnews.com/033936_Monsanto_genocide.html

Hungary Destroys All Monsanto GMO Corn Fields | Natural Society

naturalsociety.com/hungary-destroys-all-monsanto–gmo-corn-fields/

Monsanto’s Agent Orange: The Persistent Ghost from the Vietnam War

www.organicconsumers.org/monsanto/agentorange032102.cfm

Monsanto and Agent Orange Kill On | Veterans Today

www.veteranstoday.com/2010/…/monsanto-and-agent–orange-kill-on…

The secret history of Monsanto, Agent Orange and the mutilation of …

www.naturalnews.com/032987_Agent_Orange_Monsanto.html

U.S. researchers find Roundup chemical in water, air | Reuters

www.reuters.com/…/us-glyphosate-pollution-idUSTRE77U61720110…

3. January 3, 2012

Dear AJ Beckman and Baca Water and Sanitation District Board of Directors,

I am one of the Crestonians who met this summer with SDMS and the BGW&S Board of Directors regarding our concerns about the quality of our Baca water. My letter to the Board refers to the case of Brandon, the 13-year old Dachshund that got very sick and then quickly recovered when I changed to bottled water. I am now leaving Crestone for several months and would be considerably relieved if I felt that the BGW&S Board was now in the process of making some good-faith attempts to resolve the potential health issues that our small group of concerned citizens raised at the recent meeting and in the local newspapers.

On August 9 and 10 (2011), I photographed extensive algal blooms that have developed in my small pond. In addition, I photographed the white film that covers my talavera tile sink (both are attached). Both of these I believe are due to additions of Seaquest to our water. Of course, in the case of the algal blooms, we are looking at the process of eutrophication, whereby phosphates stimulate the growth of algae. The algae, in turn, remove the dissolved oxygen (DO) from the water, typically killing fish and other aquatic organisms. Phosphates from fertilizers also pollute surface and groundwater in agricultural areas in like manner.

I had my tap water tested independently at a recognized lab in Alamosa (Sangre de Cristo lab) recently. The results showed 0.57 ppm orthophoshate. Two readings by Mark Bluestein of BGW&S at my home this summer (June 25 and just a week ago) yielded measurements of 0.42 and 0.31 ppm, respectively. According to Aqua-Smart, manufacturer’s of Seaquest, these numbers have to be multiplied by 4 to get the amount of ortho-polyphosphate, since only orthophosphates are being measured and the ratio of ortho to polyphosphates is 3 to 1 in the Seaquest blend. I can send you a copy of these independent lab results if you wish. Incidentally, lead (0.001), copper (0.311) and chlorine (0.01 ppm) were well within accepted limits. The range of orthophosphate values (0.31 to 0.57) is probably typical of the range experienced by many Baca residents. Again, using corrected values (OP X 4), inferred OPP levels at my tap, based on these three readings, has ranged from 1.24 to 2.28 ppm.

Again, it seems to a number of us that the constant additions of OPP to our Baca water may pose a health hazard to people, pets, and plants. We want to work with Board to find sensible and cost-effective solutions that can begin to restore our confidence in our drinking water and in our BGW&S Board. Many of us have spent hundreds of dollars on bottled water and/or filters this summer. This doesn’t make sense, especially since it has not been scientifically demonstrated that we actually have a corrosion problem. My understanding is that the only evidence of a corrosion problem was based on three older homes which tested high for copper. However, at one of these homes, and perhaps all of them, the high copper values are more likely due to improper grounding of electrical wires than corrosion of copper by our water. Thus, it seems only prudent to first determine if there is a corrosion problem in our Baca water. This could be accomplished by:

1) stop putting Seaquest in our water for 4 to 6 weeks in order to clear it out of the system, and

2) then test 20 homes for copper concentrations to determine if our Baca water (pH of 6.8) is causing corrosion of copper and lead, etc.

Finally, if it can be demonstrated that there is a corrosion problem that is due to our Baca water, alternatives other than adding OPP can be explored.

Our small group of concerned Baca citizens believes that by implementing this simple and cost-effective strategy, the BGW&S will be acting in a responsible way to try to address the potential health issues raised by the Baca community, whom they serve. I sincerely hope we can work together to restore confidence in the excellence of our water and our water district.

Sincerely,

Eric Karlstrom

Phosphate build-up in my sink and pond

4. 1/5/12- My letter to Dean Lloyd and Karen Coyote (fellow OPP activists)

Dean and Karen,

These are good points you list. However, based on our meeting today and our collective history on this issue, I think we have a much stronger case than what you mention here (below). Karen you might want to refer to some of these points at the Friday meeting. You might first outline to the Board a brief history of our efforts so far:

1) Beginning about 3 years ago, a number of Baca residents began writing letters to the Eagle and/or the Water and San Board complaining of health problems that could be due to the OPP and chlorine that the Water and San District has been adding to water in Chalet I and II. The response of the Water Board and SDMS was not to apologize and try to remedy the situation. Rather, the SDMS lawyer sent intimidating letters to the resident/customers that threaten legal action against those customers/residents who have expressed their concerns
2) The Baca community subsequently has accumulated many signatures of local residents on petitions and presented these to the Board and SDMS
3) Baca residents have numerous written letters to the Board and SDMS expressing their concerns about the health effects of the OPP and chlorine additions to our water
4) Baca residents have held several informational meetings re: water quality issues and posted some of this information on local websites/blogs in an attempt to educate Baca residents re: the issues of water quality here. The SDMS lawyer sent a letter to these individuals who posted youtubes on websites, threatening legal action against them for simply exercising their First Amendment right of freedom of speech. This heinous letter of intimidation is in violation of the first amendment rights of free speech accorded to all American citizens since this country was founded. A lawyer should know about the First Amendment.
5) One Baca resident has employed a top notch water lawyer who wrote a letter to the Board/SDMS citing their numerous violations of state laws and procedures
6) Baca residents have staged coordinated efforts to be present at several Board meetings to express their concerns
7) Baca residents have staged OWS (Occupy Water and San) protests to try to get the Water and San board to respond to our concerns

And despite all these good faith attempts on the part of Baca residents/customers to express their concerns, Water and San has still not solved the problem. There has been only stonewalling, denials, insults, and above all stalling. Why? T hat is the $64,000 question. Why are they so committed to SeaQuest, this secret, proprietary blend of chemicals for which no short- or long-term health studies have been performed.

8) Furthermore, the Water Board is proposing to initiate an 18-month program to determine whether there is a corrosion problem. This amounts to further stalling and refusal to fix the problem that concerned citizens have documented.
9) In fact, Steve Wade’s proposal for the past 2+ years has been that the Water Board needs to conduct in-house tests to determine if there is a corrosion problem. This was never done and so it is entirely possible there is no corrosion problem. This in-house test would require that Water and San stop their daily additions of OPP to our Baca water and do the corrosion study correctly. As opposed to the 18 month study proposed by the Board, this would only take 2 months and would yield far more accurate and useful information.

And also emphasize that it would be easy to solve the “corrosion problem” (if indeed there is one- we still don’t know) and that the state regs do not prevent us from solving this problem on our own. In fact we have letters from state officials to the effect that substitutes for OPP exist, that state permission to change strategies is not needed, and that they apologize for not monitoring this situation adequately to make sure the Board and SDMS followed proper procedures for demonstrating the need for establishing a corrosion program in the first place.

In terms of what you have written below:

10) I guess I would put a question mark after the first sentence of #3. Perhaps ask Lisa just how much our debt actually is and add that to the platform.
11) The platform could also have something about making sure the Water and San. Board is more responsive to the expressed concerns and needs of its customers. 10) Perhaps you want to raise the question (you kind of did) of whether we still need SDMS at all. You might mention something about restoring local control of our water district and our water quality.
12) You also might mention something about protecting the long term pristine quality of our aquifer from these potentially toxic chemical additions.
13) And you might mention something about the possibility that the Board members and SDMS could be personally liable for the costs of short- and long-term health problems of our local residents/customers. And ask which insurance company carries their liability insurance.

Just some ideas,

Eric

5. 2/9/12

AJ Beckman
2/9/2012
Special District Management Services (SDMS), Inc.

Dear AJ,

We appreciate your efforts to set up a time when we, the Baca community members, can carry on a phone dialogue with the members of SDMS on Valentine’s Day (2/14) at 4 pm. Since there will be many participants, I would here like to apprise you of some concerns that I and we in the community have regarding our water district. Hopefully, we can address some of these issues in the conversation.

In order to provide the “big picture” and the apparent gravity of the problems we face, I’d like to report two recent conversations I had with other community members. First, one member of the POA Board noted that about half the houses in the Baca are currently for sale. Second, when I asked Dr. Dean Lloyd to estimate for me the percentage of his clients that have health complaints that seem to be related to the quality of our Baca water, he stated “about half.”

In other words, it appears that we have a health problem that is not of our imaginings and that we are not just a “few disgruntled individuals,” as Chris Canaly recently characterized us.

Here is a brief, general history of our attempts to solve these problems. (Specific dates might need to be corrected).

1) Beginning about 3 years ago, a number of Baca residents began writing letters to the Eagle and/or the Water and Sanitation Board complaining of health problems that they thought were due to the chemicals (OPP and chlorine) that the Water and San District has been adding to water in Chalet I and II. The response of the Crestone Eagle was not to print the letters but rather to pass them along to the BGW&S Water Board and SDMS. The response of the Water Board and SDMS was not to apologize and try to remedy the situation. Rather, the SDMS lawyer sent intimidating letters to the resident/customers threatening legal action against those customers/residents who expressed their concerns.

2) When Water and Sanitation employee Steve Wade tried to work with and help the Baca residents with health complaints and tried to convey their concerns to the Water Board/SDMS, he was fired for his efforts. What is particularly frustrating is that Wade had developed a strategy by which the health concerns of Baca residents might have been removed.

3) Baca community members have met amongst ourselves numerous times in order to educate each other and find ways to resolve these problems. When community members posted some of this information on local websites/blogs in an attempt to educate Baca residents on the water quality issues, the SDMS lawyer sent a letter to these individuals threatening legal action against them for exercising their First Amendment right of freedom of speech. This heinous letter of intimidation is in violation of the First Amendment rights of free speech accorded to all American citizens since this country was founded.

4) Baca community members have attended numerous Water Board/SDMS meetings in our attempts to express our health concerns and our determination that these concerns should be addressed and resolved.

5) Baca community members have gathered many signatures of local residents on petitions and presented these to the Board and SDMS.

6) Baca residents have written numerous letters to the Water Board and SDMS expressing our concerns about the health effects of the OPP and chlorine additions to our water and requesting that the our health concerns be addressed and resolved.

7) One Baca resident has paid for legal assistance from one of Colorado’s top water law firms. After studying the issues, this firm wrote a letter to the Board/SDMS citing their numerous violations of state laws and procedures.

8) Baca residents have staged OWS (‘Occupy Water and San’) protests to try to get the Water and San board to respond to our concerns.

9) Although the Water Board/SDMS have frequently told us that changing strategies would be a lengthy process that would require approval of the state, the state health officials we have talked to have denied this.

10) The fact is that federal and state regulatory agencies currently do not have the authority, money, or expertise to enforce existing regulations. Our government has shifted from a government of, by and for its citizens to a government of, by, and for corporations, i.e., a “corporatocracy.” We in Crestone realize that corporations are not persons and we see through these legal tricks. In fact, certain Supreme Court decisions declared decades ago that all laws passed in violation of the U.S. Constitution are null and void.

In America, up until quite recently, the general business model has been: “The customer is always right.” However, despite all these good faith attempts on the part of Baca residents/customers to express our health concerns, the Water Board/SDMS has still not resolved the problem. There has been stonewalling, denials, insults, and above all, much stalling, which continues to this day. The question is why? That is the $64,000 question. Why is the Water Board/SDMS so committed to SeaQuest, this secret, proprietary blend of chemicals for which no short- or long-term health studies have been performed? Obviously, we can only speculate. And one speculation is that you are harming us, either deliberately or though ignorance/incompetence/malfeisance.

11) Currently, the Water Board/SDMS is proposing to initiate an 18-month program to determine whether there is a corrosion problem. This only amounts to further stalling and a refusal to fix the problem that concerned citizens have documented.

12) In fact, as you know, our water system is almost entirely comprised of plastic PVC. Steve Wade’s proposal for the past 2+ years has been that the Water Board needs to conduct in-house tests to determine if there is a (copper) corrosion problem at all. As Water and Sanitation never did a proper study to determine whether or not there is a corrosion problem, we feel that by adding this industrial product (Seaquest) to our water supply to cure what may well be a ‘non-problem’ the Water Board/SDMS may be creating a far worse (health) problem. What is more important: the health of human beings or health of some old copper pipes? It is entirely possible there is no corrosion problem. This in-house test would require that Water and San stop their daily additions of OPP to our Baca water and do the corrosion study correctly. As opposed to the 18-month study proposed by the Board, this would take less than 2 months, would yield far more accurate and useful information, and would not accrue additional costs to the district owners, that is the Baca Grande Water & Sanitation District customers.

I would also like to reiterate that if it turns out there is a “corrosion problem,” state regulations do not prevent us from solving this problem on our own. In fact we have letters from state officials to the effect that substitutes for OPP exist, that state permission to change strategies is not needed, and that they apologize for not monitoring this situation adequately to make sure the Board and SDMS followed proper procedures for demonstrating the need for establishing a corrosion program in the first place.

Finally, I have two more very major concerns that I will express in terms of questions:

13) I have heard through the Crestone grapevine that, due to the passing of a bond request approved by Saguache County voters, the Water Board/SDMS has borrowed some $26 million on our behalf. Can I ask you what that $26 million has gotten for us and when/if we can expect the bond to be paid off in the future.

14) For the second time in the past several years, there is an attempt to close off public access to the area near the Cottonwood Creek trailhead where Water and Sanitation has a large storage tank. County employees have informed me that Water and San supported the blockage of one of two roads that give access to this publicly-owned land. Forgive my skepticism, but does the closing of this road and the attempt at removing public access to this area have to do with long term ownership of water rights of Cottonwood Creek?

The citizens and customers of the Baca/Grande pay your salaries. You work for us. I believe we deserve direct and sincere answers to all these questions and an immediate solution to the water quality/health concern issues we have raised.

Sincerely yours,

Dr. Eric Karlstrom, Emeritus Professor of Geography, California State University Stanislaus

II. Northern San Luis Valley Weather Modification/Drought/Water Meetings

1. 4/27/2012

Present: Peggy Godfrey, Virginia Sutherland, Kelly Smith, Jim Swanson, Gerald Gray, Dennis Crown, Eric Karlstrom

Rio Grande Conservation District- very self-serving, has millions in the bank, behind the sub-districts, has $700,000 attorney and $500,000 engineering budget this year. They fought AWDI in late 80’s. They get 2.5 mils. Dave Robbins, Van Deveer, Alan Daveys, run this. They own run closed basin project. BLM pumps the water. Very big budget. We need FOIA. Art Hutchison had copy of the document. They have $1 million budget/year. They pay ¼ of this for Rio Grande Cons. District. Federal and state agencies are working together. Screwing the people for the wealthy. Wealthy potato farmers get water back. 12,000 acre feet goes to Rio Grande from Closed Basin Project. Rio Grande is 60%, Conejos R. is 40%. Rio Grande Compact refers to a 1939 document.

1200 miles of Rio Grande – water is pumped and put into river as part of compact. 1969- mil levy- hired lobbyist to go to Washington to get legislation in 1972. Not abiding by their own statues- engineer for Conservation Dist or Manager- engineer laid out the Closed Basin Project and monitoring wells. Artesian wells were in place- monitoring wells are near flowing artesian wells. Legislation said they would not lower water table more than 2 feet. Now they start with new base line each year. They average project from near Sand Dunes to near Moffat. Wealthy farmers.

2500 acre feet times $260 per acre foot. Subsidized water.

Phase 4 = Baca National Wildlife Refuge- SLVEC has maps of. Former Water Conservation District, employee, Stan Ditmeyer

Two factions in the valley: 1) Range, livestock interests want original moisture.

Farmers of spinach, lettuce, barley like no precip in summer, then they can add just how much they want via irrigation.

2) Coors (barley) just surpassed Budweiser. Coors did weather modification in Valley in mid 60’s- Ben Livingston, CIA, defense contracts. Hailed out the valley in mid 60’s- freeze clouds, microbursts, illegal, split clouds over La Garita.

Hail suppression. Lawsuit, John Shawcross in early 70’s- Adams State, 70,000 acres of barley

Wilbur Weesecamp has ideas of who is modifying the weather in the SLV.

Hail cannons used in La Garita. Went from daily rain to 0 precip in summer.

Virginia says weather mod in the valley never stopped. She recalls 1991 when 7 inches rain/hail in one hour. Western Weather Consultants now in 40^th year of operation.

Who benefits from our drought? Denver Water Board (Dave Robbins, et al.)

Movie Total Recall with Schwartzenneger. Perhaps we need class action lawsuit.

Closed Basin project gets its water strictly from confined aquifer. There is decreasing rim flow. Subject of eminent domain. The surface rights are damaged by wells.

Look at competing economic interests. On one side you have ski areas, that feeds reservoirs, that feeds Denver municipal area, and lettuce/barley farmers – Dave Robbins and Denver Water Board, all these profit from sending moisture north of SL valley. This creates cheaper land values in SLV and leads to eminent domain.

The (government water) “model” dates to 1999. Hunt springs went dry in 1950.

Weather modification affects water tables. Mountain springs are going down. Virginia remembers when she and her father got 5000 tons of hay/yr- now its down to 10-20 tons/yr or none.

There was a drought in the 1950’s. Gary Boyce has information. We need FOIA for federal documents.

Cost now is $260/acre feet- Subdistrict 4 and 5. We’ve seen 1300 feet of depletion. Costing $30,000. Go to pump well users

Jim Swanson is water commissioner. Now water table at 70 to 90’ depth- also wherever there is military traffic, weather dries up. (And Crestone/Baca-Saguache County have seen lots of Air Force drills over the years- this has been the subject of heated local environmental campaigns.)

2. May 2, 2012

SLV Closed Basin Project- 2nd Meeting at lunch with Gerald Gray, Kelly Smith, Virginia Sutherland, Dennis Crown and Peggy Godfrey (also Jim Hanson)

Spinach, lettuce, barley interests,

3. 4/30/2012 Conversation with local rancher and water activist, Peggy Godfrey

In 1980’s, there was testing, with lysimeters to estimate the amount of evapo-transporation in the valley. Check with Bureau of Reclamation for data base. According to Peggy, the Closed Basin Project allocation of water from the SLV (instead of Rio Grande) is based on the assumption that about 60,000 acre feet of water is lost to ET each year and that this water is excess water not being put to beneficial use.(?!) The entire “water right” is based on ET from native vegetation- mostly Chico bush and Rabbit Brush. Actually, they only are now taking about 17,000 to 25,000 acre feet/yr and this is the most they can get with the system they have. But they have water rights for 100,000 acre feet. This is considered “conditional use.” The most they have pumped is 44,000 acre feet in 1997.

In 1982, there was a Final Environmental Statement then Supplemental Environmental Statement for Closed Basin Project done by Bureau of Reclamation. (BLM?)

The Closed Basin Project includes 130,000 acres in SLV and takes water from closed basin (presumably the unconfined aquifer- but actually both the confined aquifer and unconfined aquifer) to send to New Mexico and Texas under the requirements of the Rio Grande Compact of 1939. The Bureau of Rec (or BLM) created the infrastructure and the Colorado State Rio Grande Water Conservation District manages the project and owns the water. (Steve Van DeVeer manages the Conservation District (“he’s a snake”) and Dave Robbins is the lawyer). They say they are not taking water from the confined aquifer. Rio Grande Water Conservation District was formed in 1968 after New Mexico sued to get Colorado to obey terms of the Rio Grande Compact of 1939.

It wasn’t until 1980 that the Conservation District got enough money to carry out the project. The project was initially to make sure NM and TX got their fair share of Rio Grande water as well as repay a debt of 900,000 acre feet. However, by the terms of the agreement, when Elephant Butte reservoir in NM overflowed in 1985, the 900,000 acre feet debt was forgiven. But they still went ahead with the 137 wells to a depth of 135 feet.

AWDI and the Closed Basin Project were both issues in the mid-80’s. Dave Robbins was the chief attorney that fought AWDI. It could be that the AWDI thing was set up to take the attention away from the Closed Basin Project. And AWDI was set up to lose.

Today, in Albuquerque, the cost of 1 acre foot of water is $5-6,000.

One local called this thing a “conspiracy of self-interest involving a few wealthy potato farmers in the SLV.” By sending SLV water to NM and TX rather than Rio Grande Water (which compact calls for) these few farmers are benefited.

The project, including 137 wells (each 135’ deep- therefore into confined aquifer) and 44 miles of canal was built in early 80’s. Pumping began from Phase 1 and 2 (near Great Sand Dunes National Park) in mid 80’s. Pumping began in Phase 3 (Hooper area) in 1989. Pumping began in Phase 4 (south of Moffat) in 1992. And pumping began in Phase 5, west of Moffat in 1993. 500 acre feet evaporate from the canals each year.

Currently, 90 to 91 of the 137 wells are being pumped. Because Closed Basin engineers tried to pump too fast- the wells went temporarily dry and oxygen was exposed at depth, causing “biofouling”- the formation of iron and manganese oxides that coat screens. New wells can only be 60 to 80’ deep- (unconfined aquifer) and water from these is often briny.

Project gives 5,000 acre feet of “mitigation water” to Blanca and Alamosa National Wildlife Refuges.

Meanwhile Kerber, San Luis and Saguache Creek used to flow at the surface but no longer flow at the surface.

10,000 to 15,000 acre feet comes out of the mountains each year.

In April of 1988, the water table at Peggy’s place in Moffat was 6 to 10” down. Now (2012) it is 5.5 feet down. (Many plants in this are need water table to be within 2 feet of surface.) Water tables are dropping all over the valley due to pumping of closed basin project as well as center pivot irrigation.

In 1979 on the Baca Ranch, there were some 325 artesian wells bubbling up under artesian pressure- they came from the confined aquifer and came up as livestock wells, 2” diameter. In 1989, there were only 175 left. Today, you can hardly find any. Today, all these wells mix confined and unconfined aquifer waters. And the artesian wells “sand in.”

Ranchers have priority surface and well rights that precede the closed basin project (1985) in the priority system. However, if the rancher goes broke and sells, then the purchaser gets the senior water right.

The government is creating the biggest problems, but the rhetoric is that it is the private farmer’s wells that are causing the drawdown of the water tables etc.

2002 was the worst drought in 300 years based on tree-ring studies and weather records. The entire state is in a drought. Satellite surveys and vegetation analyses by Agro-engineering through 2008, showed the extent of damage. – a 25-yr drying trend in the N and Eastern parts of the valley.

Now Northern Valley ranchers are applying for drought insurance.

The Baca Ranch- later Baca National Wildlife Refuge- had best water rights in the valley. This area is a sump that gets recharged first. That is, the water table is higher here. Eddie Clayton has grown hay here for some 50 years. In the past, they got thousands of tons of hay. Bob Bunker managed the Baca Ranch between 1969 and 1989. In 2012, there is only 12% of the hay crop there was in 2005.

January Lake was a perennial wetands- the pasture there produced enough hay for 1200 head of cattle.

Even here, the hay crop

The combination of drought and Closed Basin Project is causing economic collapse- aided by spraying and weather modification. After the rancher’s sell out, new buyers get the water rights.

Due to floodwater irrigation, water tables were very high in the 1950’s. In the 1960’s, the pivot sprinklers started, by the 70’s there were many pivot sprinklers.

In the Hooper area, hot water is reached at 2000 feet depth. At the Sand Dunes, rock is encountered at 9,000 feet depth. In the SLV, water moves west to east, then North to South. At present, water table at Hooper is 40’ down.

III. The Battle for Access to Public Lands and Public Trails (The case of Cottonwood Creek and the closure of the Tranquil Way bypass road).

1. 11/21/2012 email by ETK re: number and nature of trails (from north to south) along western side of Sangre de Cristo Mountains between Hayden Pass and the Great Sand Dunes National Park and Preserve:

Using my 2001 map, (Sangre de Cristo and Great Sand Dunes National Parks Trails), and starting at Hayden Pass in the Northern Sangres (west side), these are the prominent creeks with trails (some small creeks don’t have trails)

1) Hayden Pass Trail- very short

2) Black Canyon Trail- 5.7 miles to Crest Peak

3) Hot Springs Canyon Trail (4.8 miles to upper west ridge of Cottonwood Peak)

4) Garner Creek Trail (5 miles to pass)

5) Major Creek Trail (6.3 miles to pass)

6) Cotton Creek Trail (7.4 miles to Cotton Lake)

7) Wild Cherry Creek Trail (4.4 miles to lake)

8) Rito Alto Trail (6.6 miles to lake, 9.3 miles to Hermit Pass)

9) San Isabel Trail (5.7 miles to lake)

10) North Crestone Creek Trail (5.8 miles to lake)

On the Southern Sangre de Cristo portion of my map there is:

11) South Crestone Creek Trail (4.1 miles to lake)

12) Willow Creek Trail

13) Spanish Creek Trail*

14) Cottonwood Creek Trail (5.8 to Milwaukee Peak saddle)*

15) Deadman Creek Trail (old unmaintained trail)

16) Pole Creek Trail (old unmaintained trail)

17) Sand Creek Trail- upper valley section (9.7 miles)

18) Medano Creek Trail

19) Mosca Creek Trail

20) South Zapata Creek Trail

On the Old map (1865) from north to south we have:

1) Wild Current Creek which merges with Holman Creek from north

2) Leroux Creek

3) Riviere Les Trois Tetons*

4) unnamed creek

5) Chatillon Creek

6) unnamed Creek

7) Sandy Creek

8) Mosca Creek

2. Save Our Trails to Saguache County Board of County Commissioners from Baca residents, Lisa Cyriaks and William Folk- Letter 1 (9/19/2008)

Crestone, CO 81131

September 19, 2008
Saguache County BOCC PO Box 326 Saguache, CO 81149

The first point contained in Saguache County 96-G-7 Reception No. 316837 recorded September 17, 1996 states that “all public roads located within Saguache County, Colorado that have not been heretofore publicly vacated by the BOCC are hereby designated public highways”. The resolution goes on to define public roads and public highways used in Resolution 96-G-7 to include: “highways, roads, mining roads, logging roads, wagon roads, trails, horse trails, hiking trails and footpaths”.

Through our research we have determined that the trails on Cottonwood Creek and Spanish Creek are pre-existing trails and have been in accepted use for decades as being for public use as a means of access to the peaks located above Crestone/Baca and to the US Forest Service lands beyond – historically the San Isabel Forest and more recently, the Rio Grande Forest.

The third point in Saguache County 96-G-7 states that “neither private nor public tracts of land traversed by these public roads may be fenced, gated or otherwise obstructed by any means whatsoever without the express written consent of the BOCC.” We have yet to uncover evidence that subsequent to 1996 the Saguache County Board of County Commissioners took any formal action vacating or changing the use of these trails.

That there is a process for an owner of private land to close a public highway is supported by C.R.S. 43-2-201.1 (4)(a) which states that the owner may post their intent to close a road, but the owner is also required to promptly notify the BOCC and that the BOCC will publish notice of proposed closure within sixty days. If the BOCC receives no objection to such proposed closure within eighteen months, the road described in the notice shall be closed to public access.

Therefore, we formally demand that the Saguache County Board of County Commissioners enforce the policy defined in sixth point stated in Resolution 96-G-7 and require the removal of the “No Access” signs at Cottonwood Creek and Spanish Creek within 10 days. This policy is supported by C.R.S. 43-2-201.1 that identifies that any person other than a governing body of a municipality or county who intentionally obstructs public access to public lands without good cause commits a class 3 misdemeanor.

To support our assertion that these are public access trails we put forward the following documentation:

Cottonwood Creek 1. Rio Grande National Forest Rocky Mountain Region for Sand Creek Land

Trails 743,877,862. The 1995 description of access includes the Cottonwood Creek access. The trail inventories from 1994 to 1996 include this trail and indicate that the Forest Service maintained this trail from 1994 to 1998.

2. The BOCC will be receiving a packet of historic maps that document that historic use of the Cottonwood Creek Trail, marked with Forest Service signage as FDT 743 (which number correlates with the trail in the San Isabel National Forest that links to the Cottonwood Creek Trail) into the 1990s.

3. The Manitou Habitat Conservation Plan created by The Conservation Fund in July 1997 acknowledges “the existing jeep trail that provides access to National Forest lands”. This plan was written to create the basis for funding the current conservation easement on Manitou Foundation lands by The Jackson Hole Preserve.

Spanish Creek 1. The recorded acknowledgement of the validity of a prescriptive right of the public to continue to utilize this pack trail (Spanish Creek Pack Trail) by Haidakhandi Universal Ashram. Reception No. 269314 Book 435 Page 822 recorded May 19, 1987. This document goes on to clarify that the prescriptive right does not allow the use of motorized vehicles or the carrying of hunting weapons on the Pack Trail. These provisions are to be included in any contract for sale by the Haidakhandi Universal Ashram.

2. The March 26, 1987 Planning Commission minutes recording the inclusion of this document granting the prescriptive easement as part of the plat vacation approved.

Both locations: 1. Statements previously submitted by various residents and property owners asserting to ongoing and continuous use from the 1950s to present. 2. Maps that document the existence of these trails:

• Baca Grande subdivision planning map dated 1971 showing these trails

• USGS map hanging in the courthouse outside the Land Use office showing these trails. This map is dated 1979 using 1920s USGS data.

• USGS Department of Interior USDA Crestone quadrangle map produced by USGS in 1982 and revised by the USDA Forest Service in 2001 showing these trails.

• Colorado recreation Maps printed by KRD Enterprises Inc. using USGS, BLM, and DOW data. Printed in 1985.

3. The greenbelts agreement referenced in several legal documents between the Baca Grande Corporation and the Baca Grande POA that subjects “greenbelt” properties reconveyed to the Baca Grande Corporation and to the Lindesfarne Association that extends permission for reasonable public pedestrian and equestrian ingress and egress over these former “greenbelt” properties.

4. References from Guidebooks describing various approaches to various peaks in the area.

Borneman, W.R., and Lampert, L.J., 1994, Colorado’s Fourteeners: The Classic Guide to Colorado’s Fourteeners, 3rd Edition, Pruett Publishing Company, Boulder, Colorado, 251 pp.

Jacobs, R. 2000, Colorado Mountains, 10th edition, The Colorado Mountain Club Press, 365 pp.

O’Hanlon, M., 1999, The Colorado Sangre De Cristo: A Complete Trail Guide, Hungry Gulch Press, Westcliff, Colorado, 71 p.

Roach, G., 1999, Colorado’s Fourteeners, From Hikes to Climbs, 2nd Edition, Fulcrum Publishing, Golden, Colorado, 306 pp.

Additional Reasons to consider keeping these trails open:

In recent master planning meetings (February and March 2008) the public indicated widespread support for continuing to provide access to public lands. Ninety per cent of participants countywide felt it was important to very important that access to public land and regional trails be kept open. In the Crestone/Baca area, ninety-three per cent supported continued use of existing trailheads and creation of new trailheads accessing public lands.

These trails play an important economic role in our communities. The Colorado State University extension service conducted a study in August 2007 determining the loss of revenue experienced when access to Fourteeners is closed. The study yielded three significant findings:

1. Fourteener closure has the potential to significantly impact local economies.
2. Fourteener climbers place a high value on access to the peaks, spending as much as $336 per person per expedition.
3. Much of this money is spent locally, and it is worthwhile for local communities to develop creative solutions to ensure that peaks remain open.

We hereby demand that the county commissioners honor the terms of Resolution 96-G-7 and that they remove the signs posted denying the public access at Spanish Creek and Cottonwood Creek. We also ask that the county commissioners proceed with a determination protecting the rights of all citizens and affirm this public access. The mountains are meant to be free and open access for all – a place to experience wilderness.

Respectfully submitted:

Lisa Cyriacks

[email protected]

William Folk

[email protected]

3. Save Our Trails to BOCC from Baca residents, Lisa Cyriaks and William Folk (10/10/2008)- Letter 2

Crestone, CO 81131

October 10, 2008
Saguache County BOCC
PO Box 326
Saguache, CO 81149

Dear Commissioners Spearman, Pace and Joseph,

Thank you for this opportunity to clarify what Save Our Trails is asking. In Resolution 96-G-7, the fifth “Whereas” cites Colorado law “that recognizes that all of these various “public ways” are public highways, and public highways include:

1. all roads over private lands dedicated to public uses by due process of law and not vacated by an order of the BOCC

2. all roads over private lands that have been used adversely without interruption for 20 consecutive years

3. all roads over the public domain, whether agricultural or mineral.”

This language in Resolution 96-G-7 is almost verbatim from CRS 43-2-201. I have attached PDFs from the CRS for 43-2-201 and 43-2-201.1 in addition to a copy of Resolution 96-G-7. CRS 43.2.201.1 outlines the process by which a private landowner can closed an abandoned “road” that crosses their property. It also outlines the penalty for obstructing a public way.

Based on this information, and the prescriptive easement dated May 19, 1987 on the Spanish Creek Pack Trail, we do not believe that RS2477 is the sole basis for reviewing trail access. The basis for our request is: “all roads over private lands that have been used adversely without interruption for 20 consecutive years” which is Colorado law.

Specifically what we are asking is that Point #4 under NOW THEREFORE BE IT RESOLVED (96-G-7) be enforced. Specifically that signs may be posted at intervals indicating that surrounding property is private property or not for public use, but that “no such sign will purport to limit the absolute right of the public to use such road, or deny access to the general public”. In other words, that the current signs stating “Private Property, No Trespassing” and “No Public Access” be changed to reflect that these trails are crossing private property but still allowing for public access. Language may be added to state: “Stay on the trail”, that the “Access is Non-motorized”, “No littering” etc.

Or, if acceptable language cannot be agreed upon, that the existing signs be removed as outlined in Point #6 under NOW THEREFORE BE IT RESOLVED (96-G-7).

Sincerely,
Lisa Cyriacks
William Folk

4. Letter from Cottonwood Study Group to Saguache Co. Commissioners (BOCC; 4/25/2012)

COTTONWOOD STUDY GROUP

c/o Christian Dillo, Crestone Mountain Zen Center

P.O. Box 130

Crestone CO, 81131

Phone: 719-256-4692

Saguache County
Board of County Commissioners
April 25, 2012

Re: Proposal – Parking Lot on County-Right-of-Way at Camino Baca Grande to Create Public Hiker Access to Cottonwood Creek Trail

Dear County Commissioners,

The purpose of this proposal is to explore the possibility of an official trailhead for the currently closed and unmaintained Cottonwood Creek Trail on the County’s right-of-way on the east side of Camino Baca Grande south of Cottonwood Creek. The trailhead would be constructed and maintained by the Saguache Ranger District/Field Office and include a parking lot (size to be determined according to 2012 user data), a toilet, and an information kiosk.

The overall goal is to create a long-term solution for public access to the Rio Grand National Forest via an official Cottonwood Creek Trail that would be maintained by the Saguache Ranger District/Field Office.

We think that Saguache County, the Baca Grande POA Membership, and the larger non-local public would benefit from the realization of this project.

We hope to discuss this proposal at the County Commissioners’ meeting on May 15, 2012.

Background

For years, the Manitou Foundation has been seeking a solution to public access issues around Cottonwood Creek trail that is in accord with its strict conservation commitments. The narrow band of land that the Manitou Foundation owns along Cottonwood Creek currently blocks hiking access to the Rio Grande National Forest. The Cottonwood Creek trail is popular both with locals for short day hikes and with a larger non-local hiking community for access to two “14ers,” Crestone Peak and Crestone Needle.

The Manitou Foundation has been concerned about unauthorized use of the Cottonwood trail to gain access to the National Forest. Related to trespassing is the associated issue of unregulated parking on the private roads that lead to the de facto trailhead. Attempts to regulate trespass have essentially failed. Other negative impacts to the land under Manitou Conservation include trash and human waste issues, negative influence to riparian areas and watershed health, soil erosion on user-defined trails, trail braiding and proliferation and dispersed campsite proliferation – all of which violate the Manitou Conservation Easements and are therefore unacceptable to the land owner (Manitou).

Since there is no public access to the National Forest in the Cottonwood area, the USFS Saguache Ranger District cannot and does not effectively manage that part of the Sangre de Cristo Wilderness, nor does it maintain the Cottonwood Creek trail. Besides not managing to prescribed Wilderness standards activities such as hiking and climbing in the popular drainage, and directly related to the lack of legal public access, neither the USFS nor CDOW manage for the various hunting seasons as well, which has resulted in numerous alleged indiscretions and illegalities related to wildlife that are unacceptable to these agencies and the Manitou Foundation.

Cottonwood Study Group

In January 2011, a group of stakeholders started a series of meetings facilitated by Christian Dillo of the Crestone Mountain Zen Center to explore possible solutions for the problematic situation described above. The following parties have regularly participated in Cottonwood Study Group:

Manitou Foundation

Saguache Ranger District/Field Office

Colorado Mountain Club

San Luis Valley Eco System Council

Karma Thegsum Tashi Gomang (owner of the Tashi Gomag Stupa)

Baca Grande Water and Sanitation District

Baca Grande Property Owners’ Association

Crestone Land Trust

Proposed Solution

The purpose of the Cottonwood Study Group is to understand the relevant factors in the Cottonwood access issue and to find a long-term solution for hiker access to the west side of Crestone Peak, Crestone Needle and the Cottonwood Lake that balances private property rights and the need for public access.

Currently, two alternatives are being discussed as possible solutions:

Alternative 1 “Camino Baca Grande”:

A hiking trail via POA greenbelt, Manitou, Water and Sanitation District and Forest Service property that would connect Camino Baca Grande with the “Stupa Road” and the existing Cottonwood Trail plus a trailhead facility (incl. parking lot for probably 10-15 cars, toilet, information kiosk) located on the County right-of-way on the east side of Camino Baca Grande south of the Cottonwood Creek. From there a the trail would go up on the south side of Cottonwood Creek (POA greenbelt), outside of the immediate creek bed. The trail would meet up with the Stupa Road. Hikers would cross Cottonwood Creek on the Stupa Road and then turn east to use the established trail on the north side of Cottonwood Creek. (Forest Service experts and engineers are available to help with the exact routing of the trail on POA greenbelt.)

MOUs regarding the use of Manitou and Water and Sanitation District property have been drafted and agreed upon and are currently being finalized by the Forest Service administration.

The POA Board of Directors has rejected the idea of a trailhead facility in the POA greenbelt area, but is open to exploring the possibility of granting use of the greenbelt south of Cottonwood Creek for a hiking trail, which is mostly in place already.

Alternative 2 “Combined Trail/Stupa Access for Hikers and Vehicles”

Obtain one or more POA lots (trade or purchase) near Dreamway (aka the “High Road”) north of Cottonwood Creek (or alternatively near the

“Stupa Road” south of Cottonwood Creek). Use lot(s) to create a through-road that would connects with either the “High Road” or the “Stupa Road.” Parking would occur on Water & Sanitation District property (as it does now in an unregulated fashion) and would need to be negotiated with the Water & Sanitation Board.

Alternative 2 was developed to address (1) the need for vehicular access to the Stupa (currently via the privately owned and poorly maintained “High Road” aka East Dreamway) and (2) the opposition from POA members who own land near the parking area proposed in Alternative 1. More detailed information regarding the viability of Alternative 2 (availability of lots, necessary rezoning/variance procedures, funding, agreement from neighbors) is currently being researched and not available at this point.

For both alternatives, access and parking will be limited (or not) based on an assessment of carrying capacity. The group has developed a strategy with the Forest Service to make 2012 an “Open Season” using infrared trail and vehicle counters and a survey to collect visitor data during of the course of the 2012 hiking and hunting season.

Proposal to the Saguache County Commission

The Cottonwood Study Group respectfully requests to be put on the agenda of the May 15, 2012 County Commissioners Meeting to present and discuss the County’s possible participation in the “Camino Baca Grande” access proposal.

Specifically, we would like to see the following question answered by the County Commissioners:

Would Saguache County be able and willing to give a permanent public easement for a trailhead facility on the County right-of-way along Camino Baca Grande south of Cottonwood Creek under the condition that the POA Board of Directors grants use of the greenbelt for a permanent hiking trail?

Please refer to the attached map for the exact location of the proposed trailhead and trail.

The POA Board of Directors has indicated that it would only be able to discuss the use of the greenbelt as described in Alternative 1 once the County has giving its approval for a parking lot.

All related issues including but not limited to trail engineering, construction, maintenance, administration, access limitation, and funding are intended to be resolved through the cooperation of the stakeholders. However, most of these issues cannot be addressed until MOUs regarding permanent public easements will have been obtained from the affected landowners and authorities, i.e., Saguache County, the Baca Grande POA, the Baca Grande Water & Sanitation District, and the Manitou Foundation.

We look forward to exploring the possibility of a public Cottonwood Creek Trail with you. Thank you for your consideration.

Sincerely,

Christian Dillo
Cottonwood Study Group (Crestone Zen Center)

My letters to Saguache County Commissioners, Baca Grande Property Owners Association, Baca Grande Water and Sanitation District

5. Letter to Saguache County BOCC from Dr. Eric T. Karlstrom, May 15, 2012

Saguache County
Board of County Supervisors

Re: Christian Dillo’s request that the Saguache County Supervisor’s approve the “Cottonwood Study Group’s” “Camino Baca Grande access proposal” (April 25, 2012).

Baca Grande citizens have several concerns regarding the Cottonwood Study Group’s current request for Saguache County supervisors to approve a new parking lot in a designated green belt in the Baca Grande subdivision. It seems that several legal policies and statutes are being violated by Christian Dillo and his associates in the Cottonwood Study Group. First, Statue CRS 30-28-110 stipulates that such proposed changes require approval by the county planning commission as a first step. Second, the MOU which Dillo describes has not been signed by the parties involved. Furthermore, Dillo offers no details as to what the MOU actually stipulates or if it would even be legally binding.

Third, the unilateral closing of the “Tranquil Way bypass” road by the Greenway family is in violation of several statutes and laws. This land-use change was never brought before the Saguache County planning commission for approval. Indeed, it probably would not have received approval because the closing this historic access road probably violates the RS2477 since the “Tranquil Way bypass” meets the definition of “historic and prescriptive use.” This road provided access to the Cottonwood trailhead and the Tashi Gomang stupa via the “Stupa Road” (aka “Dream Way,” the “High Road,” and the “Mine Road”) decades before the Greenways purchased their lots (4324, 4323, and 4322, now 4322-C) in 1998, 2001 and 2002. Indeed, the Crestone rumor mill has it that the Greenways, who are German citizens who live most of the year in Germany, purchased these lots at the urging of their fellow German, Christian Dillo. There is further speculation in the Crestone rumor mill that the next pro-active and illegal action of Dillo’s group would be to close the “High Road” itself, perhaps between the Zen Center and the Japanese Shumei Institute, thereby eliminating public access to the Cottonwood Creek watershed.

Dillo’s current proposal is being advanced by essentially the same people who in recent years called themselves the “North Access Team” and “Crestone Spiritual Alliance.” Several years ago, these individuals tried to eliminate public access to public lands by closing 1) the Cottonwood Creek trailhead on the “Stupa Road,” 2) the South Crestone Creek and Willow Creek trails at the Pine Cone Way cul de sac, 3) the Copper Gulch Road at Brookview Way, the Willow Creek OL, and Summitville OL, 4) the entire Spanish Creek drainage, and 5) the jeep road immediately north of Shumei Center on East Dream Way (the “Stupa Road,” aka “the mine road”). All these historic points of public access to public land occur along the eastern margin of the Baca Grande subdivision.

The individuals associated with the current proposal and past attempts to eliminate public access to public lands are associated with the Manitou Foundation. The “bargaining chip” they continue to use is that the lowest portion of the Cottonwood Creek trail crosses about 300 yards Manitou Foundation land. In fact, this very commonplace situation is normally remedied quite simply by posting a sign on the trail requesting that hikers stay on the trail and respect private land ownership for the next 300 yards. As a hiker, I have seen many such signs which are sufficient to resolve these issues elsewhere. Furthermore, we question whether land owned by non-profit organizations such as the Manitou Foundation, the Zen Center and Shumei International, qualify as private property. Where are the non-profit Zen Center and Shumei International registered?

My fourth concern regarding the potentially illegal maneuverings of this group is that County Supervisor Linda Joseph has been an active participant in the Cottonwood Study Group. Because Joseph also has a long professional association with the Manitou Foundation, this seems to constitute a genuine conflict of interest. At the very least, she should recuse herself from voting on any issues relating to the Cottonwood Creek land use.

Due to these real and potential legal irregularities, it seems important to point out several errors and misrepresentations contained in this most recent proposal.

1) In paragraph 1 of page 1, Dillo states that the Cottonwood Study Group’s purpose is to “explore the possibility of an official trailhead for the currently closed and unmaintained Cottonwood Creek trailhead,”

In fact, there has been an official trailhead for the Cottonwood Creek trail for many decades. I personally have hiked the Cottonwood trail many times, have camped at Cottonwood Lake, and have climbed all the named peaks the rim the approximately 9 square-mile Cottonwood watershed. These magnificent peaks include Crestone Peak (14,294’), Crestone Needle (14,197’), Broken Hand Peak (13,573’), Milwaukee Peak, (13,522’), and Pico Asilado (13,611’). Until about 2008, there were no attempts to limit public access to this beautiful watershed.

2) Under “Background” (page 1), Dillo states that “the narrow band of land that the Manitou Foundation owns along Cottonwood Creek currently blocks hiking access to the Rio Grande National Forest.”

In fact, nothing blocks access to hiking the Cottonwood trail. My understanding is the U.S. Forest Service maintained the Cottonwood trail from well before the 1950’s to the early 1990’s when Manitou Foundation requested that the U.S. Forest Service stop maintaining the trail. Manitou did not object to hikers using the trail until very recently. Today, hikers continue to utilize the trail that provides access to spectacular opportunities for recreation, tourism, hiking, camping, climbing, and fishing, etc. The American citizens, not German or Danish citizens, own America’s public lands. However, Americans, traditionally, are a generous and tolerant people who are happy to share our abundance with foreigners.

However, we do not tolerate attempts by foreigners and foreign groups to steal America’s resources.

3) In the bottom sentence on page 1, Dillo refers to “unauthorized use of the Cottonwood trail” and “unregulated parking on the private roads that lead to the de facto trailhead.”

In fact, American citizens, by definition, are authorized to access their public lands. We own them just and ultimately the US Constitution guarantees that our government serves us.

Hikers and other recreationalists generally park directly across from the Cottonwood trailhead on land owned by the Baca Grande Water and Sanitation District. In 2008, Manitou Foundation placed a “no trespassing” sign at the base of the trail on land owned by the Water and Sanitation District, not Manitou Foundation. (Water and Sanitation purchased this land from Manitou Foundation in 2002 and it includes the first approximately 200 feet of the Cottonwood trail.)

4) In the top sentence of page 2, Dillo claims that “attempts to regulate trespass have essentially failed.”

In fact, the Manitou Foundation has not reported any incidents of trespass to the local Saguache County Sheriff’s office in this period of time.

5) In this same paragraph, Dillo states: “other negative impacts to the land under Manitou Conservation include trash and human waste issues, negative influence to riparian areas and watershed health, soil erosion on user-defined trails, trail braiding and proliferation and dispersed campsite proliferation.”

However, none of these claims are documented. In fact, I doubt that it would be possible to document that any of these conditions has occurred on the 300 yards of Manitou land across which the Cottonwood Trail traverses. The one unofficial campsite that has been documented was on Forest Service rather than Manitou land.

6) In paragraph 2, page 2, Dillo cites “numerous alleged indiscretions and illegalities related to wildlife that are unacceptable…”

In fact, while there was a documented incident involving a decapitated elk, this occurred on Forest Service rather than Manitou land.

7) On page 2, Dillo lists “stakeholders.” Interestingly, this list does not include the Baca Grande property owners who live in the area affected. Thus, it does not include the American citizens who are their neighbors.

Although Dillo states that the “stakeholders” began meeting to resolve this issue in 2011, in fact, Dillo has been involved in trying to regulate and restrict land use in this area for a long time. In 2007, he made a presentation entitled “The Big Picture Overview” for a Sonoran Institute-facilitated meeting at Colorado College (9/5/2007). And the following year (2008), as noted, Dillo and four others in the Northern Access Team, sought to close off historic trails that provide public access to public land.

8) Dillo outlines two proposed “solutions.” “Alternative 1” would involve placing a parking lot (for 10 or 15 cars), toilet, information kiosk and trail on the POA greenbelt on the south of Cottonwood Creek between the “Stupa Road” and Camino Baca Grande.

However, Dillo himself notes that the POA Board of Directors has rejected the idea of a trailhead facility in this greenbelt. And Dillo does not mention that there is also strong opposition to the entire plan from Baca residents in the immediate area. Furthermore, Alternative 1 does not resolves the issue of “trespass” across the 300 yards of Manitou land that he has identified as the principle problem.

9) In the second paragraph of page 3, Dillo states: “MOUs regarding use of Manitou and Water and Sanitation District property have been drafted and agreed upon and are currently being finalized by the Forest Service administrators.”

However, Forest Service employees report that Manitou Foundation has not signed any agreement that guarantees continued access to Cottonwood trail. Thus, while Dillo implies that the MOU would include an agreement by Manitou to allow hikers to cross the 300 yards in question, this is never explicitly stated. The Commissioners are not provided copies of the draft MOU and are not provided with details of what the MOU stipulates. Furthermore, what assurance is there that such an MOU, if signed in the future would be legally binding into perpetuity? Bottom line is that we are not privy to the details of the MOU so it is impossible to know if such an agreement is legal or how it might impact the issues in question.

10) In Alternative 2, Dillo proposes that someone (the POA?) obtain one or more POA lots near Dreamway (aka “the High Road”) north of Cottonwood Creek to create a through-road connecting the High Road with Camino Baca Grande. Parking could continue on Water and Sanitation land as it does now.

Ironically, “Alternative 2” is exactly what we have had until quite recently, when the Greenway family (owners of lots 4322, 4323 and 4324 at the head of Tranquil Way) placed large boulders across the historic dirt road (Tranquil Way bypass) that had provided access to the High Road for many decades. This unofficial road has been used for well over 20 years and thus meets requirements for “prescriptive use.” Nonetheless, the Greenways, who are Germans that live in Germany for 10 months of the year, closed the road off without a public hearing or approval by the Saguache planning commission. And again, the Crestone rumor mill has it that Christian Dillo (German Zen Buddhist) talked his fellow Germans, the Greenways, into closing off the Tranquil Way bypass, thereby creating the “problem” that now needs a “solution.”

Furthermore, like “Alternative 1”, “Alternative 2” does not address or resolve the issue of access to Cottonwood trail across the 300 yards of Manitou Land.

It is abundantly that this proposal is a present manifestation of an ongoing attempt by a few people to restrict public access to public lands in the Cottonwood and Spanish Creek drainages, in particular. Included in this small group are a number of people who are not American citizens. We can only speculate as the reasons why this project has been the object of their continued, coordinated planning.

The people of Crestone/Baca are rightfully proud of our international flavor and the diverse spiritual traditions, centers and practitioners that have come to us from all around the world, including Japan, Bhutan, Tibet, Germany, India, etc. And as a nation of immigrants, we Americans tend to be a generous and tolerant people. We are secure enough in our blessings that we are generally pleased to share with others.

However, in my opinion, we should not tolerate attempts by foreigners and foreign groups to restrict American’s access to their publically owned resources and/or to wrest control of our American resources away from our citizens and government.

Sincerely,

Dr. Eric Karlstrom
Emeritus professor of geography
P.O. Box 54, Crestone, Colorado

6. Letter to Saguache County BOCC from Dr. Eric T. Karlstrom, 7/25/2012 – Cottonwood Trail and Cottonwood Creek Access Issue:

July 25, 2012

Dr. Eric T. Karlstrom
Emeritus Professor of Geography
California State University
Baca Resident

Prepared for Saguache County Commissioners, U.S. Forest Service, Baca Grande POA, and other interested parties:

On behalf of approximately 300 million American citizens and in the interests of ensuring the due process of law operates for their benefit, I would like to present some information pertaining to land use issues relating to public access to Cottonwood Creek in the Baca Grande.

—My objective here us to dispel several “untruths” that are being promoted by Christian Dillo and the Cottonwood Study Group in order to justify changing historic access to the Cottonwood Creek Trailhead (CCT), Cottonwood Creek watershed, and possibly, Cottonwood Creek itself. These “untruths” include:

—1) That the Tranquil Way Bypass road near the intersection of “Dream Way” and Cottonwood Creek Trailhead (CCT) is not a historic road that qualifies for protection under “historic and prescriptive use.”

—2) That Manitou Foundation’s ownership of a narrow strip of land at the base of Cottonwood trail gives them or their surrogates the right to close Cottonwood Trail and/or demand changes in historic patterns of public access to public lands

—3) Unilateral closure of historic roads and trails in the vicinity of Cottonwood Creek Trailhead (CCT), implemented by Manitou and surrogate groups in the past several years, is legal and acceptable because of some of the groups involved are non-profit spiritual communities.

—Members and associates of the Cottonwood Study Group unilaterally closed five trailheads along the eastern margin of the Baca Grande subdivision in 2008. These persistent efforts to limit public access to public lands and waters are a matter of public concern. In particular, it needs to be stressed that under the terms of the Clean Water Act of 1972, the American people own the surface water of Cottonwood Creek.

Issue #1: In winter 2011/2012, and without county approval, large rocks were placed on the historic Tranquil Way Bypass (HTWB) road, thereby eliminated public access to Cottonwood Creek Trail (CCT) via HTWB Road and Dream Way. This unilateral action occurred without due legal process as outlined in Saguache County Resolution of 1996.

Cottonwood Creek watershed is shown on Sangre de Cristo Wilderness/Great Sand Dunes National Park Trail Map (2001).

The Sangre de Cristo Wilderness/Great Sand Dunes National Park Trail Map (2001) shows the Tranquil Way Bypass connecting with Dream Way just north of Cottonwood Creek.

1967 Crestone Quadrangle topographic map also shows HTWB road connecting with “old mine road” (now Dream Way) north of Cottonwood Creek. Map also shows a dirt road extends up Cottonwood Creek for about 1/5 mile.

Photo of Tranquil Way Historic Bypass Road from Tranquil Way from Tranquil Way cul de sac in Chalet II. (Note large boulders on road, added during winter 2011/2012). Photo is from west looking eastward. Greenway’s driveway is in the foreground.

Recently-placed boulders on Historic Tranquil Way Bypass Road. Photo is from Dream Way looking westward. (Note that HTWB road is 12 to 20 feet wide, as wide or wider than Dream Way.)

Photos: Tranquil Way Bypass Road from Dream Way (looking westward).

Rocks and boulders blocking upper Historic Tranquil Way Bypass Road at Dream Way

Dream Way immediately above Tranquil Way Historic Bypass Road (Water and Sanitation water tank on right). Looking southward toward Cottonwood Creek.

Problems created by unilateral closing of HTWB road:

—Unilateral and unauthorized closure of HTWB road causes several problems for Baca residents and American citizens who wish to access Cottonwood Creek Trail (CCT) and Cottonwood watershed:

—1) Access to CCT was easier and quicker via the HTWB

—2) When visitors were able to use the HTWB road, traffic was less concentrated on Dream Way (aka “mine road”) and spiritual groups/retreatants were less impacted by traffic

—3) When HTWB was open, there was less road degradation on Dream Way

Resolution to Issue #1:

—The blockage of HTWB is illegal; a violation of law.

—As per Saguache County Resolution of 1996, the Greenbergs (owners of lots 4324, 4323, and 4322, now 4322-C, which they purchased 1998, 2001 and 2002) closed the HTWB without going through due process, which required obtaining approval from the Saguache County planning commission.

—This Saguache County Resolution requires that Saguache County Commissioners now direct the Greenbergs to remove the boulders from the HTWB road within 10 days.

—If the Greenbergs still wish to petition the County to have the road closed, they have the right to do so using due process, as specified in the County Resolution.

—The Saguache County Planning Commission will then need to determine whether or not the HTWB meets the criterion of “prescriptive and historic use” as per RS 2477.

—Ironically, restoration of the HTWB road would be provide the conditions for “Alternative 2” under Dillo’s most recent proposal to the Saguache County Commissioners.

Issue #2: Who owns Cottonwood Creek Trail (CCT)?

—On April 25, 2012, Christian Dillo and the Cottonwood Study Group, made a proposal to the Saguache County Commissioners. In this proposal, Dillo makes a number of false and misleading statements.

—Dillo proposes construction of a new official trailhead to replace the “currently closed and unmaintained Cottonwood Creek Trail.”

—The fact is that the historic Cottonwood Creek Trail is neither closed or unmaintained. (See following photos). The CCT has been used for many generations and centuries by the American people. It has been used for many millennia by native Americans.

—Dillo erroneously claims that the narrow strip of land owned by Manitou Foundation at the base of the Cottonwood Creek Trail “blocks access” to the trail.

—In fact, Manitou land does not block access to the trail. Since this major trail has been in use for many generations and is owned by the American people, the only legal right that Manitou Foundation has is to post a sign at the trailhead requesting that hikers respect private property for the next 300 yards and stay on the trail.

Headline!

—Cottonwood Creek, Cottonwood Creek Trail (CCT), the Cottonwood watershed, and all the lakes, peaks and terrain accessed by the CCT belong to the American people.

—I personally have hiked the Cottonwood trail many times, have camped at Cottonwood Lake, and have climbed all the named peaks that rim the approximately 9 square-mile Cottonwood watershed. These magnificent peaks include Crestone Peak (14,294’), Crestone Needle (14,197’), Broken Hand Peak (13,573’), Milwaukee Peak, (13,522’), and Pico Asilado (13,611’). Until about 2008, there were no attempts to limit public access to this beautiful watershed.

Cottonwood Creek trailhead (CCT) and Forest Service sign. The lower few hundred yards of CCT used to be a road.

Forest Service signs (notice of monitoring on left and F.S. boundary sign on right) at ca. 100 ft. and 1200 ft. up the trail from the CCT trailhead, respectively.

Base of Cottonwood Creek Trail (below first F.S. sign) where trail was a dirt road.

Looking north on Dream Way at Shumei International (site of former Independence Mine).

Cottonwood Creek Trail (CCT) is well maintained and quite wide (well over 10 feet) in places.

Cottonwood Trail: In some places as wide as a dirt road

Someone applied a chain saw to this log across the trail (left) but not to small limbs on the photo at right

Issue #3: Possible future attempts to close Dream Way between Zen Center and CCT

—A Crestone rumor has it that the next pro-active and potentially illegal action of the “Cottonwood Study Group” (or their friends) may be to close “Dream Way” itself, perhaps between the Zen Center and the Japanese Shumei Institute, thereby eliminating public access to the Cottonwood Creek watershed altogether.

—Indeed, the current proposal is being advanced by many of the same people who in recent years comprised the “North Access Team” and “Crestone Spiritual Alliance” (Tamar Ellentuck, Martin McCauley, Christine Canaly, Linda Joseph, Katie Getchell).

—In 2008, these individuals tried to eliminate public access to public lands by closing 1) the Cottonwood Creek Trailhead on “Dream Way” 2) the South Crestone Creek and Willow Creek trails at the Pine Cone Way cul de sac, 3) the Copper Gulch Road at Brookview Way, the Willow Creek OL, and Summitville OL, 4) the entire Spanish Creek drainage, and 5) the jeep road immediately north of Shumei Center on East Dream Way (aka the “high road,” the “Stupa Road,” and “the mine road”).

— A few local concerned citizens were successful in blocking this effort.

—Dream Way (aka “the stupa road,” “the old mine road,” “the high road”) is also a historic road that has been used for generations. This road is found on many maps going back many decades (see previous slides of 1967 USGS Crestone Quad topo map). This road also meets requirements for “historic and prescriptive use” under RS 2477. Therefore, it may not be legally closed.

Issue #4: Possible future attempts to take Cottonwood Creek surface water right?

—Resolution: America’s waterways and surface water belong to the American people. If the Cottonwood Study Group, or some other similar group, were to try to close off access of Cottonwood Creek and then try to claim ownership of Cottonwood Creek, this would be a violation of law as well.

Where Dream Way crosses Cottonwood Creek (upper photo is east side, lower photo is west side of Dream Way)

Shrine and Buddhist prayer flags on Cottonwood Creek just below Dream Way

Cottonwood Creek below Dream Way

U.S. Geological Survey Stream Gaging Station on Cottonwood Creek below Dream Way

Summary and Conclusions

–During winter 2011/2012, the “Tranquility Way bypass” road was blocked off by the Greenway family in violation of several County and federal statutes and laws.

—This land-use change was never brought before the Saguache County planning commission for approval as stipulated by County Resolution of 1996.

—It probably would not have received approval because closure of this historic access road probably violates the RS 2477 since the “Tranquil Way bypass” meets the definition of “historic and prescriptive use.” (It is a historic road that has been used for over 20 years. It is still needed and it was being used until the Greenways blocked it).

—This HTWB road provided access to the Cottonwood trailhead and the Tashi Gomang stupa via “Dream Way” (aka “High Road,” “Mine Road,” and “Stupa Road”) decades before the Greenways purchased their lots (4324, 4323, and 4322, now 4322-C) in 1998, 2001 and 2002.

—Dillo’s “Cottonwood Study Group” proposes to create a new road and trailhead in order to solve a problem that does not exist. Manitou Foundation’s ownership of a narrow strip of land at the base of the CCT does not give them the right to close CCT or change historic patterns of public access to CCT, the Cottonwood drainage, or Cottonwood Creek.

—Thus, Dillo’s proposed “long-term solution for public access to the Cottonwood Trail that would be maintained by the Rio Grande National Forest” would be an unjustified taxpayer expense.

—The logical solution to these issues is to require the Greenberg’s to remove the boulders which they illegally placed on the Historic Tranquility Way Bypass road and to make sure that Saguache County regulations are more scrupulously followed in the future.

—The ongoing efforts of a few individuals to block public access to public lands along the eastern margin of the Baca Grande subdivision is troubling. Many of these individuals are not American citizens and seem not to be concerned about the rights and long-term interests of the American people.

7. Letter to Saguache County BOCC from Dr. Eric T. Karlstrom, 8/17/2012

Dear Commissioners Spearman, Joseph, and Pace,

1) On September 17, 1996, the BOCC passed Saguache County Resolution 96-G-7 Reception No. 316837 which states that “all public roads located within Saguache County, Colorado that have not been heretofore publicly vacated by the BOCC are hereby designated public highways”. The resolution defines public roads and public highways to include: “highways, roads, mining roads, logging roads, wagon roads, trails, horse trails, hiking trails and footpaths”.

2) Around Christmas of 2011, the historic Tranquil Way bypass road was blocked by large boulders apparently placed by the Greenways, a German family, or their surrogates in the Baca. Since this bypass road has been used for many decades (see 1967 U.S.G.S. topo map below) and provides one of just two access roads to Cottonwood Creek trail, the unilateral blockage of this road is in violation of County Resolution 96-G-7.

3) 96-G-7 requires that Greenways (owners of lots 4324, 4323, and 4322, now 4322-C, which they purchased 1998, 2001 and 2002) go through a process to obtain approval from the Saguache County planning commission to block this historic road. 96-G-7 stipulates that the Greenways would need to prove that the road is neither used or needed.

4) However, this would be impossible to prove because the road is needed as access to the Cottonwood Creek Trailhead and the Stupa, and the southern portion of the “Old Mine Road.” I can testify that it was frequently used, because I commonly take my daily hikes and walk in that area. Other adverse impacts of closing this road relate to health, safety, fire access, and increased degradation of “the Old Mine Road” (aka “Dream Way”) due to increased traffic on that road now.

5) Since the Greenways closed the road without following Saguache County and Colorado law (96-G-7), that law requires the BOCC to direct the Greenways to remove the rocks within 10 days.

6) I am told that if one year goes by without action, the road closure can be considered legal.

7) As a Baca resident who has climbed the peaks accessed by the Cottonwood Trail and the historic Tranquil Way bypass road (in 1986, 1995, and 1999- and including Crestone Peak, Crestone Needle, Milwaukee Peak, Broken Hand Peak, Pico Asilado, etc.) and who continues to hike on Cottonwood Trail, I am very concerned that the boulders be removed from the Historic Tranquil Way Bypass Road immediately.

8) Can I prove this is a historic road? Yes, here (below) is a zoomed-in part of the 1967 U.S. Geological Survey Crestone 7.5′ Quadrangle map, the Crestone Quadrangle that shows the road. The below 1967 USGS topo map demonstrates conclusively that the “historic Tranquil Way bypass road” and the Cottonwood Creek trail were in existence prior to the Crestone spiritual groups, the Manitou Foundation, etc. Below that I include a photo of the Tranquil Way bypass road now blocked by large boulders.

9) I also note that cul de sacs in the Baca subdivision are typically named “Over Looks” whereas “Ways” such as Tranquil Way are connecting roads. Hence, the very name Tranquil Way indicates that this road was initially a connecting road rather than a cul de sac.

10) One long-time Baca resident, Tom Tucker, informed me that in the 80’s or 90’s, Robert Philleo, then County Supervisor and owner of Northern Valley Investment and Realty, assured him that the Tranquil Way bypass road would be maintained in perpetuity by Saguache County as a road because the county owned the lot (4323) which the Tranquil Way bypass crosses. Thus, it is important to better understand the history of this “road” in the context of land sales of Baca lots, etc.

11) I have recently received numerous emails from other Baca residents and concerned citizens thanking me for taking up this matter with the County Commissioners. (Emails are printed at the end of this letter).

12) Finally, it is probably no coincidence that the recent proposal of the Cottonwood Study Group is predicated on the effective closing of the historic Tranquil Way bypass. Indeed, the closing of the Tranquil Bypass road appears to be an essential initial component of the Manitou-CSG strategy to re-direct access to the Cottonwood Trail.

The exact motives of this continued attempt, largely by foreigners, to block public access to their public lands, including Cottonwood Creek, Cottonwood Creek trail, and the Cottonwood Creek watershed, are still unclear. (The Commissioners may recall that in 2008 the “northern access team,” comprised of many of the same individuals as the CSG, unilaterally closed off public access to public lands at five trailheads along the eastern margin of the Baca Grande subdivision. One of these trails was the Cottonwood Creek trail. However, referring to 96-G-7, the “Save Our Trails” team was successful in staving off this outrageous attempt at private “takings” of public land and resources.)

Eric Karlstrom, Baca Resident

1967 U.S. Geological Survey topo map (Crestone 7.5 minute Quadrangle)

8. Letter to Sagauche County BOCC from Dr. Eric T. Karlstrom, 8/21/2012

Sauguache County BOCC, August 21, 2012

P.O. Box 326, Saguache, CO 81149

Dear Commissioners Spearman, Joseph, and Pace,

I am a Baca resident, hiker, Emeritus Professor of geography, and American citizen who is concerned that Americans continue to have access to their historic public lands. I regularly hike in the area of Cottonwood Creek, the Cottonwood trail, and the Cottonwood Creek watershed, and I commonly visit the KTTG stupa. I am aware of the attempt several years ago by the Crestone Spiritual Alliance/Northern Access Team to close off public access to Cottonwood and Spanish Creek watersheds. Thus, I was surprised and concerned when, about last Christmas (2011), I noticed that the Tranquil Way bypass road had been blocked by large boulders, thus, removing one of two main access routes to the stupa and Cottonwood Creek trailhead area. And today, once again, there is a sign on the Greenways land that states: “No Access to Cottonwood Trail.” So what’s going on now?

1) The Tranquil Way bypass road has for many years provided public access to Cottonwood Creek, Cottonwood Creek Trail, and the Cottonwood Creek drainage (all of which belong to the American people) as well as the Tashi Gomang Stupa. Until this road was recently closed by emplacement of large boulders, without benefit of legal processes outlined in county and state laws, there was a sign at the base of Tranquil Way that said “Stupa” and pointed uphill toward the “old mine road,: aka “Dream Way.” In addition, recent maps of the Baca subdivision label Tranquil Way as the road to the KTTG stupa. Individuals affected by the closing the Tranquil Way bypass road include local residents as well as hikers and climbers from all over the USA and the world. Spanish Creek trail accesses a climbing route on the backside of Kit Carson Peak listed as one of the “Fifty Classic Climbs of North America.”

3) Around Christmas of 2011, the Tranquil Way bypass road was blocked by large boulders, apparently placed by the Greenways (a German family who spend most of their time in Germany) or their surrogates in the Baca area.

4) The Greenways are owners of lots 4324, 4323, and 4322 (now consolidated to 4322-C) which they purchased in 1998, 2001 and 2002. They may or may not be within their legal rights to close off this road. However, they certainly have not gone through the required legal processes to gain county approval to make this significant land use change. Hence, I believe they or their surrogates have closed the road illegally.

5) Laws which may pertain to this situation include County Resolution 96-G-7 (No. 316837) and Colorado Revised Statute (CRS) 30-28-110.

6) Saguache County Resolution 96-G-7 Reception No. 316837, passed September 17, 1996, is “A Resolution Identifying and Affirming All Public Access Roads Within Saguache County. It states that “all public roads located within Saguache County, Colorado that have not been heretofore publicly vacated by the BOCC are hereby designated public highways”. The resolution defines public roads and public highways to include: “highways, roads, mining roads, logging roads, wagon roads, trails, horse trails, hiking trails and footpaths.” Since the Tranquil Way bypass road was certainly in existence when this law was passed, this law evidently applies to this road, as it also certainly applies to the Cottonwood Creek trail and “the Old Mine Road.” The Tranquil Way bypass then needs to be considered a “public highway’ under 96-G-7 and would need to be vacated by the County Commissioners prior to being blocked.

7) Colorado Revised Statute (CRS) 3028-110 1(d) states: The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, or sale or lease of or acquisition of land for any road, park or other public way, ground, place, property, or structure shall be subject to similar submission and approval (by the planning commission), and the failure to approve may be similarly overruled.”

8) CRS 30-28-110 defines a “complete location and extent application process” that involves six steps: 1) Complete Application Submittal, 2) Completeness review, 3) Applicant Revisions for Completeness, 4) Schedule Hearings, 5) Internal/External Review by County Staff and Referral Agencies, and 6) Planning Commission Hearing. Note that the above Colorado statute requires that a specified application must be complete, a public hearing must occur, and the application must be approved by the County Planning Commission prior to a major land use change such as the one which has occurred. Since this law has not been followed, the public hearing has not occurred, and there has been no formal approval of the land use change, the County Commissioners are, in my opinion, legally obligated to instruct the Greenways to remove the boulders from the Tranquil Way bypass road until the legal process is followed and official approval is obtained.

9) Other adverse impacts of closing this road may include emergency health, safety and fire access issues as well as the possible increased degradation of “the Mine Road” (aka “Dream Way”) due to increased traffic on that road now. One would expect that most of the spiritual centers on “Dream Way” would object to the increased traffic and noise that has resulted from the closing of the Tranquil Way bypass road.

10) Closure of the Tranquil Way bypass road may also require approval of the E&AC of the Baca Grande POA. Without obtaining such approval beforehand, closing of the Tranquil Way Bypass Road may be violation of POA regulations and covenants.

11) One long-time Baca resident, Tom Tucker, informed me that in the 80’s or 90’s, Robert Philleo, then County Supervisor and owner of Northern Valley Investment and Realty, assured him that the Tranquil Way bypass road would be maintained in perpetuity by Saguache County as a road because the county owned the lot (4323) which the Tranquil Way bypass crosses. Thus, it is important to better understand the history of this “road” in the context of land sales of Baca lots, etc.

12) I have recently received numerous emails from other Baca residents and concerned citizens thanking me for taking up this matter with the County Commissioners. (Emails are printed at the end of this letter).

13) The precipitous and possibly illegal closing of the Tranquil Way bypass road appears to be an essential component of the recent “Cottonwood Study Group” plan to re-direct public access to the Cottonwood Trail. The Commissioners may recall that in 2008 the “Northern Access Team/Crestone Spiritual Alliance,” comprised of many of the same individuals as the CSG, unilaterally closed off public access to public lands at five trailheads along the eastern margin of the Baca Grande subdivision. One of these was Cottonwood Creek trail. However, the “Save Our Trails” team was successful in thwarting this outrageous attempt at private “takings” of public land and resources by referring to 96-G-7. The “no trespassing” signs then came down.

Again, my two chief concerns are and will continue to be that:

1) American public lands remain open to the American citizens who own them, and
2) our elected officials protect the interests of Americans by doing their best to enforce the laws that pertain to these issues. We are, after all, a nation of laws.

In my opinion, the Saguache County Commissioners need to uphold the two laws that apply to this case. Step One: Instruct the Greenways to remove the boulders that block the Tranquil Way bypass. Step Two: Instruct the Greenways to initiate the six-step application and public hearing process with the Planning Commission if they still wish to close the Tranquil Way bypass. If the Commissioners are not prepared to take these steps, I request they conduct the needed background research on the matter and put me back on the agenda as soon as possible based on these Colorado statutes.

Sincerely yours,

Dr. Eric Karlstrom, Baca resident, and Emeritus Professor of Geography

Boulders blocking historic Tranquil Way bypass road

Sign at Greenway’s property just below (west of) Tranquil Way bypass road blockage

 

Cottonwood Creek watershed from Sangre de Cristo Wilderness Great Sand Dunes National Park 1:60,000 scale map (2001)

Tranquil Way bypass road, Cottonwood Creek, and Cottonwood Creek trail from Sangre de Cristo Wilderness/Great Sand Dunes National Park 1:60:000 map (2001)

Below are the email messages I have received on this issue since Wendy Maez put me back on the Commissioners Agenda for the August 21 meeting:

9. 8/17/2012 emails from neighbors to Dr. Eric T. Karlstrom re: closure of Tranquil Way Bypass Road

1) Eric,

While not having the pleasure of meeting you, thank you for addressing the access issue.

My/our history with the Baca dates back to 1973 when my sister-in-law and husband built one of the first houses in the development. We bought a lot shortly after that and then a small house in 1979 which I still own.

The time was when folks could travel up most if not all of the creeks in the Baca.

Since my husband passed, I have lived between the Baca and Ft. Collins. We were once avid hikers and jeepers in our area. You probably know it is a nation wide concern.

It is just wrong that the ‘spiritual’ and other stakeholders have closed off access to the upper mountains. What about the rest of us.

I will make every effort to attend your presentation.

Lisa sent me the information.

Thank you again for your efforts; and good luck! And yes you are getting the runaround.