2019 #COleg: Governor Polis signs HB19-1279 (Protect Public Health Firegfighter Safety Regulation #PFAS Polyfluoroalkyl Substances) and HB19-1264 (Conservation Easement Tax Credit Modifications)

Widefield aquifer via the Colorado Water Institute.

From The Colorado Springs Gazette (Marianne Goodland):

At an Arvada fire station, Polis signed into law House Bill 1279, which bans certain kinds of foam used in firefighting training. Such foam contains so-called “forever chemicals” that have contaminated drinking water in El Paso County and elsewhere…

The foam contaminated Fountain’s water supply, and it has since installed filters to deal with problem…

HB 1279 bans Class B firefighting foams that contain “intentionally added” per- and polyfluoroalkyl substances, also known as PFAS. Such chemicals were used for decades at Peterson Air Force Base in Colorado Springs and have been found in the nearby Widefield aquifer, which serves Security, Widefield and Fountain.

The foam was sprayed on the ground and used in a firefighting training area that was flushed into the Colorado Springs Utilities treatment system, which was ill-equipped to remove the chemicals. The effluent ended up in Fountain Creek, which feeds the Widefield aquifer.

The Air Force since has replaced that foam with a new version that the military says is less toxic, though it still contains perfluorinated chemicals.

Pond on the Garcia Ranch via Rio Grande Headwaters Land Trust

In Salida, Polis signed House Bill 1264, which is intended to resolve some of the long-standing problems with the state’s conservation easement program.

Landowners say the Colorado Department of Revenue revoked tax credits awarded to those who entered into conservation easements with land trusts, with more than 800 credits revoked from the 4,000 granted in the program’s first 15 years.

HB 1264 is intended to make the program more transparent, with a warning to landowners that easements are in perpetuity. The bill also requires the Division of Conservation Easements, within the Department of Regulatory Agencies, to set up a committee to determine how to repay those tax credits.

The committee is to hold its first hearing June 25, an addition to the bill made by Sen. Jerry Sonnenberg, R-Sterling.

Legislative leaders in both parties are to appoint the committee members, and lawmakers say they intend to include representatives for those who have been denied tax credits as well as other program critics.

From The Ark Valley Voice (Jan Wondra):

Colorado Governor Jared Polis chose the banks of the Arkansas River in Salida as the ideal location to sign an unprecedented nine bills into law on Monday morning, June 3. The location underscored both the importance of these bills to Colorado’s rural and recreation economies, as well as highlighting Colorado’s growing preference for collaboration to get things done…

SB19-221 – CO Water Conservation Board Construction Fund Project

This bill sponsored by Donovan and Roberts, is focused on the funding of Colorado water conservation board projects, and assigns an appropriation to protect those projects…

SB19-186 – Expand Agricultural Chemical Management Program Protect Surface Water

Another bill sponsored by Donovan, Catlin, Coram and including Rep. Jeni Arndt, seeks to protect Colorado surface water from contamination by the expansion of agriculture chemical management plans.

Colorado NRCS now accepting applications for 2019 Agricultural Land Easement and Wetlands Reserve Programs — High Plains/Midwest Ag Journal

Irrigation sprinklers run over a farm in Longmont in the South Platte River basin. Photo credit: Lindsay Fendt/Aspen Journalism

From The High Plains/Midwest Ag Journal:

Clint Evans, Colorado State conservationist for USDA’s Natural Resources Conservation Service recently announced applications for the 2019 Agricultural Conservation Easement Program—Agricultural Land Easement and Agricultural Conservation Easement Program-Wetlands Reserve Program—are currently being accepted on a rolling basis. Due to the new 2018 Farm Bill, Colorado NRCS will not be announcing an application deadline for either program at this time. A subsequent announcement will be made at least 30 days prior to any established deadline in 2019.

The purpose of the ACEP-ALE program is to protect the agricultural viability, grazing uses and related conservation values by limiting nonagricultural uses of the land. The purpose of the ACEP-WRE program is to protect and restore wetlands, wildlife habitat, and water quality on agricultural lands. These programs are voluntary and the landowner retains ownership of the land.

Applicants for ACEP-ALE must be a federally recognized Indian Tribe, state or local units of government, or a non-governmental organization. Individual landowners may apply for ACEP-WRE if their land includes farmed or converted wetlands that can be successfully restored or other eligible wetland type.

Completed application packets for ACEP-ALE should be emailed to Heather Foley at heather.foley@co.usda.gov or mailed to Heather Foley, easements coordinator, USDA-NRCS, Denver Federal Center, Building 56, Room 2604, Denver, CO 80225. Completed application packets for ACEP-WRE must be submitted to the local NRCS field offices located within USDA Service Centers. Application packets for either program must be submitted based on the 2018 guidelines.

For more information about NRCS easement programs, please contact Heather Foley at 720-544-2805 or heather.foley@co.usda.gov. You can also visit your local NRCS Service Center or visit the Colorado NRCS website at http://www.co.nrcs.usda.gov.

#Colorado Open Lands and Morgan County rancher ink conservation easement deal for 1,218 acres

A view of Washington Avenue in Orchard, Colorado. Orchard is in Morgan County. Photo credit: Jeffrey Beall, This file is licensed under the Creative Commons Attribution 3.0 Unported license.

From The Fort Morgan Times (Kara Morgan):

Morgan County resident John Yocam and Colorado Open Lands ended 2018 with a deal.

Yocam decided about a year ago that he wanted to conserve his family’s ranchland to make sure it stayed the thriving ranch land and habitat site that they had worked for many years to maintain. He approached Colorado Open Lands, a nonprofit land trust, to figure out how best to ensure the land would continue on as it has…

Yocam said in the past his land has been a site of interest by outside parties, and he wanted to ensure that it stayed the ranchland it has been. As both Yocam and Farmer explain, the land is both ranchland and an important habitat site for local and migrating wildlife…

Yocam explained some of the history of his land and why a conservation easement made sense for him.

“It’s been a long time coming actually. It started back in the ’70s when they were going to put in Centennial Wildlife Refuge here,” he said.

Yocam said the land has been in his family for about 70 years or so, since the mid-1950s, and he himself has lived there since 1976.

“Pressure has just got to so much here from different water projects, recharge projects. I’ve been in court about three times and so I just got tired of fighting off everybody,” he explained. “So I donated it into a land trust.”

[…]

‘Rare and Unusual’

Describing the recently conserved land, Yocam said with some pride, “It was deemed rare and unusual and must be protected, was the rating they gave it.”

Farmer explained how this land is valuable in many ways, more than ranchland.

“In addition to being highly productive, the ranch also provides excellent waterfowl habitat with its wetland and upland features,” she said.

The land is located outside of the town of Orchard, Farmer said, and it plays an important role for the wildlife living in the area, especially birds.

“Occurring within the ‘Golden Triangle,’ an area in Morgan and Weld counties defined by Empire Reservoir, Jackson Reservoir and Riverside Reservoir, the ranch and surrounding agricultural lands provide populations of ducks and geese with important upland/agricultural foraging grounds during their migration and over-wintering in the South Platte Basin,” Farmer explained.

For bird migration in the area, this location is critical, she said.

“This region is one of the most important wetland complexes in the South Platte Basin along the Central Flyway Migration Corridor,” Farmer said.

Yocam painted a picture of the land diversity across his property: “It’s river bottom, into a riparian habitat. I’ve got a large sub-irrigated meadow. It’s got a big chunk of wetlands on it and then it goes into the uplands.”

Credit Wikimedia.com.

A look at conservation easements

Flat Tops Wilderness

From the Glenwood Springs Post Independent (Matt Annabel and Sara M. Dunn):

Sustainable agricultural production requires responsible stewardship and financial stability. Since 1976, Colorado has provided a mechanism for landowners to perpetually protect their lands and associated water rights, while enjoying financial benefits through the grant of a conservation easement. The landowner retains ownership of the property after a conservation easement is conveyed.

Conservation easements can be created only by a voluntary agreement between the landowner and a government entity or a charitable land trust created for that purpose. The landowner selects the governmental entity, such as Colorado Parks and Wildlife, or a land trust that best suits their goals, objectives and interests to hold the conservation easement. The Aspen Valley Land Trust and the Colorado Cattlemen’s Agricultural Land Trust hold many conservation easements in our area.

Aspen Valley Land Trust was organized in 1967 and is the oldest land trust in Colorado. To date, AVLT has conserved over 41,000 acres that protect local agriculture, rivers, wildlife habitat, recreational access, and outdoor educational opportunities in the Roaring Fork and Colorado River valleys. Roughly half of AVLT conserved lands lie within the greater Roaring Fork Valley, and half between Glenwood Springs and the Flat Tops north of De Beque.

The Colorado Cattlemen’s Agricultural Land Trust was formed in 1995 to help Colorado’s ranchers and farmers protect their agricultural lands and encourage the intergenerational transfer of ranches and farms. CCALT focuses on agricultural easements and encourages traditional activities such as farming, grazing, hunting, fishing and recreation on the land.

The first step in conserving a property is identification of the property values that the landowner wants to preserve and the rights they are willing to relinquish in order to conserve the property. Landowners have flexibility in selecting which property rights they are willing to give up in exchange for a conservation easement.

In instances where farming and ranching are identified as the conservation values of a property, easements can be used as a tool to compensate landowners for tying their water resources to the land, defining stewardship obligations and permanently restricting development. This preserves the land for agricultural production while maintaining the scenic landscapes and wildlife habitat that draw recreation and tourism dollars to our communities.

When an easement is granted, the current use and management of the land is usually maintained resulting in very little impact on daily activities. Public access is not a requirement for conveying a conservation easement, although the property owner is required to grant the land trust access for monitoring visits.

Conservation easements are typically monitored on an annual basis and visits are coordinated with the landowner. The annual visit to the property is to ensure that the terms of the easement are being met, to continue to build relationships with the landowners, and to resolve stewardship issues that may arise.

Conservation easements can generate financial benefits for the landowners. Conservation easements are valued through an appraisal process which considers the value of the property without the conservation easement vs. the value of the property in its restricted state subject to the conservation easement. The difference between the two appraisal values is the conservation easement value which is used to calculate how much the landowner will be compensated for conserving their land.

Most conservation easements are donated, in which case the landowner is compensated through federal and state tax incentives. In some rare situations, grants may be available to compensate the landowner for a portion of the conservation value

A typical conservation easement takes approximately one year to complete. There are associated fees which vary greatly depending upon the circumstances. The fees cover a baseline inventory report, appraisals, title work, environmental assessments, mineral reports and the drafting of the legal documents necessary to create the conservation easement.

Landowners interested in more information on conservation easements can contact AVLT at http://www.avlt.org or 970-963-8440. The local Conservation Districts will be holding an Ag Expo on Feb. 2, 2019 from 9 a.m. to 3 p.m. at the Garfield County Fair Grounds in Rifle where additional information regarding conservation easements can be obtained. Registration is required to attend the Expo. More details can be found at: http://www.bookcliffcd.org/.

Water Law Basics appears monthly in the Post Independent in cooperation with the area conservation districts. Matt Annabel is communications and outreach director for the Aspen Valley Land Trust, and Sara M. Dunn is district supervisor for the Bookcliff Conservation District.

Western Rivers Conservancy Land Donation Establishes San Luis Valley Conservation Area in #Colorado — USFWS

The landscape photo is of the New 13 acre easement, photo by Simi Batra/USFWS.

Here’s the release USFWS:

[Friday, September 14, 2018], the U.S. Fish and Wildlife Service accepted a 12.82-acre conservation easement donation in Colorado’s San Luis Valley from Western Rivers Conservancy. With the donation, the San Luis Valley Conservation Area becomes the 567th unit of the National Wildlife Refuge System, an unparalleled network of public lands and waters dedicated to the conservation of native wildlife and their habitats.

Western Rivers Conservancy has worked in partnership with the Service, state and local governments, as well as other conservation organizations to connect people and communities to this diverse ecosystem. Their donation of a conservation easement is yet another step in local efforts to conserve important fish and wildlife habitat and increase opportunities for public access. It will ultimately support increased biodiversity and recreational opportunities such as birding and hunting on nearby public and private lands.

“We are very pleased to partner with the Service to help create the San Luis Valley Conservation Area,” said Dieter Erdmann, Western River Conservancy Interior West Program Director. “The Rio Grande and its tributaries are the lifeblood of the San Luis Valley and we are committed to supporting voluntary conservation efforts that will benefit fish, wildlife and people alike.”

“By working collaboratively with our conservation partners and local communities to establish the San Luis Valley Conservation Area, we are helping ensure that the San Luis Valley continues to support some of the state’s most important fish and wildlife resources, as well as the people who live here, for generations to come,” said the Service’s Mountain-Prairie Regional Director Noreen Walsh.

In 2015, the Service approved the San Luis Valley Conservation Area Land Protection Plan, which clarified and guided the Service’s intent to continue working with partners and private landowners to establish voluntary conservation easements in this priority landscape. Easements allow landowners to retain their property rights and continue traditional activities such as livestock grazing and haying within the easement, while prohibiting commercial development. Under the plan, the Service could protect up to 530,000 acres with conservation easements donated or purchased from willing sellers.

The Conservation Area plan is designed to protect wildlife and wetland habitat in southern Colorado and northern New Mexico. Its limit is defined by the headwaters of the legendary Rio Grande, which begins its nearly 1,900-mile journey to the Gulf of Mexico in the San Juan and Sangre de Cristo Mountains that surround the San Luis Valley. Runoff from mountain snowpack creates wetlands and riparian areas in the midst of what otherwise is a high-mountain desert, providing important habitat for plants and migratory birds such as greater sandhill cranes, waterfowl and other sensitive or imperiled species. As the Conservation Area expands over time, the Service intends to protect wildlife habitat and maintain wildlife corridors between protected blocks of habitat on public and private conservation lands.

The new Conservation Area is the fifth unit of the San Luis Valley National Wildlife Refuge Complex and the ninth national wildlife refuge in the state of Colorado.

The Service’s Refuge System now encompasses 567 national wildlife refuges and 38 wetlands management districts across 150 million acres. Refuges are critical to the local communities that surround them, serving as centers for recreation, economic growth, and landscape health and resiliency. Each state and U.S. territory has at least one national wildlife refuge, and there is a refuge within an hour’s drive of most major cities.

Learn more about the National Wildlife Refuge System or the San Luis Valley Conservation Area.

For more information on our work and the people who make it happen, visit http://www.fws.gov/mountain-prairie/. Connect with our Facebook page at http://www.facebook.com/USFWSMountainPrairie, follow our tweets at http://twitter.com/USFWSMtnPrairie, watch our YouTube Channel at http://www.youtube.com/usfws and download photos from our Flickr page at http://www.flickr.com/photos/usfwsmtnprairie/.

The Colorado West Land Trust June News is hot off the presses

Click here to read the newsletter. Here’s an excerpt:

Kids learn about conservation and birding on conserved land

Last month East Middle School 6th graders enjoyed a morning bird-watching hike at Avant Vineyards conserved property on East Orchard Mesa. Thanks so much to Nic Korte from the Grand Valley Audubon Society for leading the hike and Neil Guard at Avant Vineyards for hosting!

Photo credit: Colorado West Land Trust

2018 #COleg: Conservation easements on Sonnenberg’s radar during the session

Pond on the Garcia Ranch via Rio Grande Headwaters Land Trust

From The Fort Morgan Times:

The perpetual concerns over the way the state has handled conservation easements also was on Sonnenberg’s radar. There were five bills this year on that issue, including a sunset review of the conservation easement oversight board. The bill, which is awaiting a signature from the governor, made changes to the board, including requiring a conflict of interest policy that would disqualify from serving any member who has a financial interest tied to conservation easements. Sonnenberg initially won support for an amendment that would address one of the program’s most controversial problems: landowners who received conservation easements tax credits from the state and the IRS, only to have those state tax credits yanked away. Hundreds of Coloradans have complained that the appraisal process has been rife with problems.

Sonnenberg’s amendment would have allowed the landowner to take back clear title to the land placed under easement, with the understanding that they would have to pay back the federal tax credits. That amendment didn’t succeed but the bill does include a requirement that the board come up with a process for making that happen.

The oversight board was extended for a year, and Sonnenberg said that meant “we kicked the can down the road a year.” But he was pleased that lawmakers got a commitment from the Attorney General’s office that they would figure out a way to “extinguish” conservation easements that have been devalued. Sonnenberg said he will carry that bill next year.