The La Sierra Environmental Guardian Committee has asked the government to step in and put a further stop to the construction of miles of fence along the Cielo Vista Ranch property in Costilla County. Environmental degradation from the fence and its construction – namely from the egress of heavy construction equipment and its negative effects on the watershed and wildlife – are the primary concern.
In a press release emailed to The Citizen, other news publications, and government agencies on Wednesday, the committee writes, “This fence project is one example how the billionaire class creates environmental destruction with projects that are unnecessary and are damaging to the environment and local community. It is time that society and our elected leaders recognize and stop this kind of massive injustice to humanity.”
A petition circulating in Costilla County has garnered 3,482 signatures asking for “top level officials” to investigate “the ultra-wealthy landowner’s destructive practices.”
The committee, in its press release, calls on Gov. Jared Polis, the Colorado Attorney General’s Office, state and U.S. senators, House representatives, the Colorado Department of Public Health and Environment, Colorado Parks and Wildlife, Department of Natural Resources, the Natural Resources Conservation Service, and the Rocky Mountain Elk Foundation.
The basis for the call to action, the committee says, is from residents who want the government agencies to investigate violations of environmental and wildlife laws. The committee alleges that Cielo Vista Ranch owner William Harrison “is suspected of breaking multiple laws to include violation of the Clean Water Act, Violations of Division of Wildlife rules and interfering with the communities’ right to hunt.”
Lawrence Pachecho, chief communications officer for the Colorado Attorney General’s Office, in an email response to The Citizen wrote, “The Department of Law is aware of the dispute between the county and landowners. The department doesn’t have the authority to intervene in county zoning issues or to regulate the height and location of fences on private property.”
The Citizen also emailed Colorado Parks and Wildlife Southwest Region public information officer, John Livingston, asking “What is Colorado Parks and Wildlife’s official stance on the construction of a high fence around Cielo Vista Ranch in Costilla County? Residents are stating that there is a large amount of environmental degradation that is occurring due to the construction. There is also concern for how the fence may impact migratory species and smaller animals who regularly move throughout the area.”
Livingston’s response: “CPW has a resource titled ‘Fencing with Wildlife in Mind.’ Those detail our official recommendations when it comes to fencing. That can be found at this link. CPW only provides comment letters when requested by a county to comment on a proposal regulated by their land use code. CPW has not provided a comment letter regarding this project.”
Costilla County has a moratorium on fences over five feet in height. During the last commissioner meeting on Feb. 6, the commissioners instated changes to that moratorium which prohibits construction of fences over five feet anywhere in the county as well as prohibits grading in relation to the construction of fences anywhere in the county.
An exception to the fence height is to maintain compliance with the National Electric Code, which requires fences no less than seven feet high around vital electrical equipment.
The moratorium is designed to give the county time to “develop capacity and procedures to review and process Fence Permit applications and to continue its analysis of any unaddressed impacts of fences to wildlife, wildlife habitat, the watershed, and other natural and cultural resources through the County.”
The committee’s press release continues: “The county residents are also requesting all possible assistance to the County Government in helping it fight off the overwhelming efforts of a billionaire to circumvent the county’s regulations.”
In an earlier story, Costilla County Chief Administrative Officer Ben Doon said, “They won’t listen when the county does something, but if the court tells them they have to. The reality is, we have limited resources. We cannot spend, spend, spend on attorneys like the owner of the Cielo Vista Ranch can.”
The moratorium and an agreement have both seemingly been ignored by the ranch. Doon, also in that earlier story, said that the ranch has basically “thumbed their nose” at both legal agreements. After the moratorium was passed, Doon said the ranch ignored it, which led to the county filing a formal injunction against the ranch.
The county and the ranch are set to head to trial over that matter in October. During a court hearing in January, 12th Judicial District Judge Kimberly Cortez also gave the parties an option to settle the dispute before the trial.
In a court hearing in October 2023, ranch manager Carlos DeLeon said that the fence’s construction was primarily to keep the ranch’s inventory of bison within its boundaries. The ranch is about 88,000 acres. A primary concern is for elk and deer migration. DeLeon told the court that at some point deer jumps would be installed, but gave no definitive timeline of when that would occur.
In an analysis and order, 12th Judicial District Judge Crista Newmyer-Olsen wrote that evidence of erosion around the fence was “largely uncontested.”
With the height as an issue, what’s more cause for concern the committee says is how the fence is designed. It tapers toward the bottom to have a grid of squares less than three inches across. This kind of fence is good for keeping large livestock in, but it prevents smaller animals from coming and going as they please, which potentially could disturb migratory patterns. Migration disruption can cause serious damage to species populations as inherent and instinctual routes are destroyed or disrupted, which can lead to starvation.
The Citizen has reached out to the Cielo Vista Ranch’s representation for comment, but has not received a comment back at the time of writing. Jamie Cotter, one of William Harrison’s attorneys, requested from The Citizen a copy of the press release prior to publication. In fairness and transparency, that request was accommodated.
Bernadette Lucero, member of La Sierra Environment Guardian Committee, said despite letters and calls to action, no government entity other than Costilla County has shown support or opposition. “I think everyone’s taking a hands-off approach,” she said.
Part of the reason, she says, is because the communities of San Luis and Costilla County have been historically marginalized and they simply are “not getting the respect I think we deserve.”
Most of the erosion, which can be seen in the photos exhibited in this letter from the committee to Gov. Polis, is not visible from the road, Lucero said.
Lucero said, “We don’t care that he’s building a fence…. just don’t destroy the watershed.” The ideal outcome for her is that the fence remain at the allowed five-foot height, with the three-inch grid at the bottom of the fence removed so smaller animals can move through, and that wildlife jumps be installed.
Right now, in its current state, she says it’s “beyond sad.”