In a little more than 90 days, the people of Costilla County will have a better idea of what the future of the Cielo Vista Ranch’s eight-foot-tall fence will be. The Costilla County Board of Commissioners unanimously agreed on Tuesday to sign an agreement for wildlife experts to evaluate what the future of the fence could look like.
Two wildlife experts will now be brought in, one to consult for the county and one to consult for Cielo Vista Ranch. These two experts will evaluate the fence that was built before a 2023 moratorium, the section of fence that was built during the moratorium, and the remaining proposed fencing.
These experts will “evaluate the existing and planned high fence on CVR’s real property for wildlife friendliness and develop a wildlife impact assessment and mitigation plan,” the agreement states.
After the 90 days, the experts will return their findings and another public meeting will be held. Two public meetings were held prior to Tuesday’s decision because the county commissioners said they didn’t want to enter into any kind of agreement without the community’s say-so.
If the proposal is adopted by all parties, the legal fight may be dismissed with prejudice. This means that the litigation between the county and the ranch over this fence would effectively be over. In addition, the experts’ reports will not be usable as discovery within any litigation.
If this agreement fails, then it’s back to court.
This legal battle has pitted one of the poorest counties in the nation against billionaire William Harrison. The county is keen on ending this fight because the legal bills are stacking up.
A moratorium was signed in 2023 to halt further fence construction, but the Cielo Vista Ranch continued building, causing a district court judge to step in with an injunction. Since then, no more fence has been erected.
A July 2024 report from the Colorado Department of Health and Environment noted that remediation was required from the ranch to prevent further erosion of steep slopes and subsequent sediment runoff.
The main point of contention is the fence’s effect on wildlife. It was built to keep trespassers out and the ranch’s inventory of buffalo within the boundaries. During the last public hearing, members of the public noted that some of the buffalo have been seen outside the fence.
The tapered design of the fence has caused ire among locals. The grid of squares gets smaller toward the bottom of the fence, leaving many small animals unable to cross.
In addition the fence lacks deer or wildlife jumps that are recommended to allow natural migration to be undisturbed. There are some jumps in the fence, but they are miles apart. Locals have also noted and photographed elk and deer cornered within the fence boundaries.
The wildlife experts’ reports may recommend the installation of more cutouts to allow for elk and deer to travel. Many locals rely on subsistence hunting every year and they have accused Harrison of intentionally slowing the movements of deer and elk.
During the public hearings in April, members of the public wanted a retroactive enforcement of the fence. A few of them want the whole thing to come down. The county has very little legal authority to order that, but with legislation introduced at the state level, local governments will have more enforcement power over future fencing projects.
