ALAMOSA – A bi-partisan coalition of lawmakers along with former Secretary of the Interior Ken Salazar held a press conference on the first floor of the state Capitol Friday morning, Jan. 24, where they expressed their strong support for a bill that empowers local government by strengthening laws governing fence construction in the San Luis Valley.
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ALAMOSA – A bi-partisan coalition of lawmakers along with former Secretary of the Interior Ken Salazar held a press conference on the first floor of the state Capitol Friday morning, Jan. 24, where they expressed their strong support for a bill that empowers local government by strengthening laws governing fence construction in the San Luis Valley.
Rep. Matt Martinez (D-D62), one of the three prime sponsors of the bill, opened with remarks that put the legislation in perspective.
“Life happens outside the Metro area,” he said. “It’s fitting that, on the eve of the sesquicentennial, we are here to present a bill that originates in the San Luis Valley where Colorado started.”
Martinez’s own family has roots in the Valley going back seven generations.
HB25-1023 Local Government Review of Fencing Projects was crafted in response to a long-standing struggle in Costilla County, a struggle that is not unlike the story of David and Goliath.
As has happened in conflicts throughout the history of the West, the struggle is centered around a fence. An 8-foot fence that prevents migration of wildlife and whose construction has caused significant damage to the environment when bulldozed fence roads have resulted in water surging down the mountainside, taking out trees and flooding fields and roads below.
On one side of that fence is the man who built it, William Harrison, a billionaire from Texas who bought the 84,000-acre ranch and is responsible for constructing the imposing fence that stretches about 20 miles along its perimeter.
On the other side, the descendants of people who, almost 200 years ago, were given land grants to a section of the property that rests on the other side of the fence, property that, per a Supreme Court ruling, they have the right to access.
Complaints have been lodged. Comments have been made in public sessions. Costilla County commissioners have communicated that construction needs to stop pending further review. Harrison’s response has been to hire attorneys.
“This legislation is necessary to fight back against the negative impacts of unauthorized fence construction on our community, to protect our environment and Colorado Way of Life," said Martinez. “When I visited the newly constructed fence, I was appalled by the negative impact on our environment and our local community. Many San Luis Valley residents have land rights beyond the fence dating back to before Colorado’s statehood. This bill will boost local control and require individuals to submit an application before construction – further prioritizing local and environmental protections.”
Senator Julie Gonzales (D-Denver) is also a prime sponsor of the bill, as is Sen. Cleave Simpson (R-D6).
“As Co-Chair of the Colorado Democratic Latino Caucus, I am so proud to sponsor HB1023,” said Sen. Julie Gonzales, D-Denver. “Ensuring local governments have a say in how San Luis Valley communities are able to access their land is simply the right thing to do. I want to uplift the leadership of Representative Martinez on this important issue, and I look forward to carrying this policy when it reaches the Senate."
HB25-1023 would require individuals to apply to local government officials before constructing or installing a contiguous fence of a certain size in the Sangre de Cristo Land Grant lands. Under the bill, local governments would be responsible for determining if the benefits of a fencing project outweigh the harms. Additionally, local governments may pass an ordinance or resolution opting out of these requirements altogether.
Sen. Cleave Simpson has also taken a public stand against the construction, as he recently told the Valley Courier that, although he had never met Harrison, it appeared he had not put much thought into the fence’s construction.
“This issue is not urban or rural, this issue is about our state,” Martinez said. Where the conflict is happening is “on land that has seen conflict for 150 years. This bill will allow county officials to make the best decisions for the land and for their people.”
Comments by Ken Salazar, former Secretary of the Interior and multi-generational native of the San Luis Valley, provided significant insight into why this issue is so crucial. “In the Valley, we have the land, the water and the people. The Valley is also a place where you can see these struggles for long periods of time,” he said, citing the instances where people have had to fight off attempts – more than once – for water to be exported to places elsewhere.
“This fence,” he said, “put up by this outsider was done with utter disregard for the history of the place and the people.”
He then compared the actions of Harrison to another man of extensive wealth and the owner of the expansive Trinchera Ranch.
“Louis Bacon walked with the community,” he said, adding Bacon gave one of the largest donations of land to a conservation easement in state history. “That’s the kind of relationship a man should have.”
This bill takes aim at future, unauthorized fencing construction projects to protect the natural habitats in the San Luis Valley.