[Congressional Record Volume 149, Number 168 (Wednesday, November 19, 2003)]
[Extensions of Remarks]
[Pages E2315-E2316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          TRIBUTE TO OPEN SPACE PROTECTION IN GRAND COUNTY, CO

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                       Tuesday, November 18, 2003

  Mr. UDALL of Colorado. Mr. Speaker, I rise today to pay tribute to 
the Middle Park Land Trust and the Denver Water Department for their 
efforts in creating an outstanding conservation easement for Colorado's 
citizens in Grand County, Colorado.
  Open space in Grand County and the rest of our state is coming under 
increasing pressure because of the rapid expansion of Colorado's 
population. In response, Grand County's elected officials and citizens 
partnered together to begin a 7-year odyssey to protect and preserve 
the open ranges, meadows and ridges in the Fraser Valley. Through a 
series of deed restrictions, conservation easements and open space 
development, more than 20,000 acres of land are now under some form of 
protection from development in Grand County.
  The Denver Water Department was encouraged to ``donate'' properties 
they owned because of the efforts of Grand County citizens to raise 
approximately $6,000 in funds to help cover some of the costs related 
to monitoring lands in perpetuity and to provide funds to pay legal 
fees in case the easement is questioned in court.
  The Colorado General Assembly partnered in this historic easement by 
passing legislation that changed tax deductions to tax credits and 
increasing the value of allowable easements from $100,000 to $260,000, 
thus encouraging the development of multiple land trusts across the 
state.
  Road and trail easements are now being developed to connect the towns 
of Fraser and Winter Park while protecting connecting routes and 
surrounding lands. Once again, citizens in the county, Fraser's local 
library and county officials have been encouraged in their efforts by 
the historic conservation easement crafted by Grand County citizens.
  The Middle Park Land Trust has had its most successful and productive 
year. I applaud their innovative conservation efforts and encourage 
more partnerships like this, not only in Colorado's pristine mountain 
counties, but throughout the country as we seek to preserve our 
Nation's beautiful lands for now and for generations to come. Present 
and future generations will be thankful for the foresight in preserving 
some of the landscapes such as these in Grand County that inspire, 
enhance wildlife and recreational opportunities.
  I have attached a copy of a local newspaper story about this 
important effort.

             [From the Winter Park Manifest Oct. 29, 2003]

                        Meadows Are Open Forever

                         (By Harry Williamson)

       As you take your drive into the Fraser Valley this week, 
     check out the meadows on the west side of Highway 40 just 
     south of Tabernash.
       Ignoring a couple of dilapidated, ancient cabins way back 
     in the trees, there's not a spec of building to be seen. It's 
     just horses and the occasional coyote moving among the 
     sagebrush.
       And that's the sight you're going to see forever--never a 
     house, never businesses bordering the highway--thanks to a 
     deal finalized by the county, the Middle Park Land Trust and 
     the Denver Water Department.
       Completing seven years of work, a conservation easement has 
     been signed that protects the 514 acres, part of the old 
     Stadelman Ranch, from any type of development ever taking 
     place.
       In addition, the approximately 300 acres on the east side 
     of the highway is also protected by deed restrictions signed 
     by the landowners that prohibits any building in those 
     meadows. The only land that is not removed from possible 
     future building is the approximately 160 acres at the far 
     north end, just before Tabernash, which is owned by the city 
     of Arvada.
       And, the approximately 45 acres of meadow in the Hidden 
     River Ranch subdivision, located just north of the meadows on 
     the west side of the highway is also removed from development 
     by a deed restriction.
       So what you see today in those meadows, is pretty much what 
     you're always going to get.
       ``In all of our surveys concerning what land local 
     residents wanted to see protected, these meadows were always 
     very high on the list,'' said Cindy Southway, Land Trust 
     director.
       The easement on the west side meadows was signed between 
     Denver Water and the county, which was assisted by the Land 
     Trust in developing the agreement.
       Denver Water also owns the slightly more than 900 acres 
     atop the ridge further west of the meadows, heavily-treed 
     land that the agency likely plans to sell for development.
       Commissioner James Newberry said that under the agreement a 
     developer would be able to use the meadows as a portion of 
     the open space required to develop the remainder of the land 
     under the county's Rural Land Use Process, which requires at 
     least 66 percent open space. This type of land development 
     was developed by the county in 1999 as a way to maintain the 
     rural character of the county.

[[Page E2316]]

       County officials said that since the land atop the ridge is 
     not included in an urban growth area, as designated by the 
     county's master plan, the only way it can be developed is 
     through the rural land process.
       Southway said that if and when the land is sold for 
     development, it is hoped that a new conservation easement 
     could be developed between the new owner and the Land Trust.
       ``We're in the business of holding these easement, and we 
     could work with that developer to tighten it (the easement) 
     up to get them tax benefits,'' she said.
       The effort to get the meadows under easement was started 
     approximately seven years ago by the Land Trust, then called 
     the Grand County Land Conservancy. The idea, however, 
     floundered over the years for various reasons, including 
     Denver Water's hesitance to make what the Land Trust referred 
     to as a ``donation'' to cover some of the cost of 
     ``monitoring the land for perpetuity. Southway added that 
     funds are also needed to be held in reserve to pay legal fees 
     in case the easement is ever questioned in court.
       She said that when a landowner balks at making a donation, 
     then the Land Trust does fundraisers to obtain the funds, 
     with approximately $6,000 raised for the Denver Water 
     project.
       Newberry said that the county, involved in other 
     discussions with Denver Water, suggested a few months ago 
     that negotiations on the easement possibility be resumed. He 
     said that due to state legislation passed last year counties 
     are now able to hold non-development easements.
       ``Once Denver Water started talking about it, we got this 
     thing done in record time, considering there was a government 
     entity on the two ends of the deal,'' Newberry said.
       He added that the negotiations, once restarted, took just 
     under three months.
       Newberry said another agreement has been finalized where 
     Denver Water has donated an easement of an existing old farm 
     road that extends along the bottom of the ridge. He said the 
     county's plan is to make the roadway part of the Fraser 
     Valley Parkway, which has been a concept for the last 20 
     years as an alternative route to Highway 40. Officials said, 
     once developed, the roadbed would be a 60 feet wide collector 
     road consisting of two lanes.
       He said the county has already acquired the necessary 
     right-of-way for the parkway from County Road 522, through 
     two developments near Tabernash and on through, via the 
     Denver Water road, to County Road 50.
       Newberry said the county is currently working with the town 
     of Fraser, the library and the people who own the land 
     between County Roads 50 and 73 to identify and purchase a 
     road easement. Once this route, to also include a trail 
     easement, is determined the road would connect with the 
     existing parkway. Plans are for the parkway to then run 
     through a still-to-be-determined route through the Rendezvous 
     subdivision and on through the town of Winter Park.
       Southway said 2003 has been a very successful year for the 
     Middle Park Land Trust, which was started in 1995. She said 
     that, during the year, approximately 1,400 acres have either 
     been put under easement or that an agreement is being 
     finalized. She added that its been her agency's most 
     productive year, due in large measure to legislation passed 
     last year that gives Colorado tax credits for land put under 
     a conservation easement.
       She explained that the state before was like the federal 
     government where a tax deduction was given.
       ``The State of Colorado changed to a tax credit, and 
     increased the maximum value of the easement allowable for the 
     credit from $100,000 to $260,000. These tax credits are 
     dollar for dollar, and they're a commodity, they can be sold. 
     This makes it much more attractive for landowners, who retain 
     ownership and use of the land. They just can't develop it,'' 
     she said.
       ``The exciting thing is that it has been a great year for 
     land trusts all across Colorado,'' she added.
       Southway said that there are currently approximately 20,000 
     acres of land now under some form of non-development easement 
     in Grand County.

                          ____________________