Ouray Land Use

Four groups have stake in high-country issues

Posted by Erin Eddy: www.ourayland.com

Having attended the BOCC meeting regarding the Alpine Zone Regulations a number of thoughts come to mind. First and most obviously, the Ouray BOCC is conscientiously performing its duty to the citizens of Ouray County by gathering public thoughts on a difficult and sensitive issue. The issue being one of private property rights versus maintenance of the status quo in regards to potential Alpine Zone development via the mechanics of the “1872 Mining Law.”

First, it must be said that an increase in the potentiality of the regulatory process is a direct result to an increase in population pressure. No matter what the inherent political persuasion of the individuals involved, these conflicts will occur as finite resources, whatever their stripe or color, become contested. The finite resource here is the wildness and beauty of nature.

If this issue were the relatively simple issue of mining and environmental concerns it would be easy for me to come to a conclusion. I agree whole heartedly with underground, hard-rock mining in Ouray County. The environmental concerns due to mining would be dealt with in a responsible 21st-century manner to protect the quality of our exceptional environment and we would start drilling and shooting, period. End of story. As I said at the meeting, I hard-rocked from ’71 to ’79. I’m pro-mining. In my world, mineral and metals are as necessary as sunshine and clean air.

If one’s head is out of the sand today, all it should take is a cursory look at the nation and the world at large to realize that Ouray County would do well to get back into the business of hard-rock mining. That being said, do not misconstrue my words as license to trash our environment. (Also, period. End of story.)

However, the meeting on Monday evening was not of a topic so easily dealt with, so easily worked through. While the topic at hand is a direct corollary of the “1872 Mining Law” it is more complex with several permutations. Listening to the 50 or so speakers, I identified four separate groups utilizing four distinct platforms for projecting their points of view. They are:

1. Environmentalists: Their desire is to maintain the status quo without disruption of the back-country reality such as it exists today.

2. “Old-Time” Ouray County patented mine owners: They are staunch on their use by right of private property as stipulated by the “1872 Mining Law.”

3. Patented claim owners from out of the area: Their interest lies in building their “dream second home” in the mountains. This could be a small, secluded low-impact cabin or a neon-pink trophy home perched out on a cliff for the whole world to see.

4. Land Speculators: The claims are strictly and specifically to be used as ‘spec’ real estate investments to the highest bidders regardless of the impact on the local community or environment. Do not be surprised to see leveraged land trades in this group. Threats to build mega-mansions “or else” will show up in this group. This is the trophy home contingent.

So what do we do? Protection of private property rights is essential to the American way of life. Protecting the magic of the environmental aesthetics for the alpine terrain of Ouray County is also essential to the citizens of Ouray County. It is also essential to those that come to Ouray County to visit here, to look at, and to travel in our mountains.

• Private property rights

“Life, liberty and the pursuit of happiness.” These are the words of Thomas Jefferson from our Declaration of Independence. It could be said that Jefferson “borrowed” or was inspired by similar words from John Locke: “Life, liberty or possessions.” (Chapter 11, “The Second Treatise Concerning Civil Government” from “The Extent of the Legislative Power,” 1690.)

It is thought that Jefferson originally penned “Life, liberty and property.” The right and concept of property as a “natural right” of “natural law” was so strong, so fundamental with the founders. However, “property” was changed to “pursuit of happiness” because the founders believed that slaves would be considered as “property” and so the founders purposefully changed “property” to “pursuit of happiness.” The cessation of the abomination of slavery by the founders was an ultimate goal and this explains the substitution of word usage found in the Declaration of Independence.

“First a right to life; secondly, to liberty; thirdly to property.” (“Natural Rights of the Colonists as Men” in “The Report of the Committees of Correspondence to the Boston Town Meeting,“ November 22, 1772, Sam Adams and Ben Franklin.)

The 5th Amendment to the U.S. Constitution reads: “...nor be deprived of life, liberty or property without due process of law.”

As we see from all of this, “private property” is a very big and serious issue in America. It goes deep into English and Celtic origins. Patented mining claims are private property not to be trifled with lightly.

• The Environmental Aesthetic

To conserve, to preserve, the natural beauty and wildness of Ouray County is a worthy goal. This is a respectful endeavor. The protection of the environment is a sacred duty, as is the protection of private property. I believe those duties are divinely inspired. The perpetuity of the appreciated environment is a belief already well established in Ouray County. It is decades and decades old. When the Europeans first arrived in what is now Ouray County, they “took” it away from those who were before. The land was “taken” at this time in an excellent condition. There has always been someone before; there will always be someone after. We haven’t had a monopoly on ownership of these mountains nor stewardship of them. I would venture that we hold these mountains in a trust for the future.

Once again, the questions come back to us, “What do we do? How do we continue to protect as well as to use the “Alpine Zone?” I have friends that own mining claims. I know that their intent is to respect that land, those mountains. They will build small, low-impact cabins on their patented claims. Some already have. Zoning regulations – legal, also – are an attempt to insure the expression of the will of the people in the use and protection of the land.

Regulations? More regulations? I agree with many at the meeting: we do have way too many! Those that know me know what I think about the barrage of regulations today. Large and potential future growth was alluded to by several people at the BOCC meeting. This is an absolute reality in Ouray County’s future. I do believe that it is with the utmost concern, wisdom and sincerity that all three of the County Commissioners are approaching this situation in the Alpine Zone.

As I said to the commissioners at the end of my two-minute comment period on Monday evening, “Do your job.” This was not said as a command. It was said as a re-enforcement to pursue the sacred duties, the sacred honor that the oath of your office requires and demands of you.

Joe Ryan owns and operates the San Juan Hut Systems out of Ridgway.