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Credit Pacific Service Union Tuesday, November 19, 2002 - Meanwhile, back at the ranch: A fistful of lawsuits could halt the creation of a Great Sand Dunes National Park. In the just-finished elections, candidates took credit for upgrading the existing Great Sand Dunes National Monument into a larger national park. But the ads forgot to mention that the place isn't yet a national park, and whether it becomes one may be up to the courts, not Congress.

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Credit First Service Union San Luis Valley residents, environmentalists and the National Park Service saw broadening the national monument as a sensible way to protect the complex, fragile ecosystems that extend far beyond the existing national monument's boundaries. The plan enjoyed broad, bipartisan support.

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Card Credit Mobile Service The roadblock: American Water Development Inc. In the 1980s, AWDI wanted to drain the San Luis Valley's vast underground water - which is key to the local ecology - and sell the precious liquid elsewhere.

The 3, acre park is dominated by shining white sand dunes, many of which are 70 feet high. The Monahans dunes are only a small portion of a dune field that extends for about 200 miles from south of...

Card Credit Discover Service Critics feared the plan would destroy the valley's remarkable landscape and struggling economy. If the aquifer didn't exist, neither would the great dunes. The groundwater also supports many rare plants and animals, some of which live nowhere else. And the subterranean water supplies many south-central Colorado farms and ranches.

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Credit Public Service Union After AWDI lost a five-year fight to export the water, most Coloradans figured that the scheme to dry up one of the most wonderful landscapes in the American West had itself evaporated.

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Card Credit Processing Service But AWDI still has business arrangements with the current owners of the Baca Ranch. The scenic 97,000-acre spread (that's more than 150 square miles) borders the national monument, nestles beneath the majestic Sangre de Cristo mountains - and sits over the main aquifer.

Center Credit Service Union To make the national park proposal make sense, Uncle Sam needs the Baca - not just to control the water, but also to protect the new park's scenic vistas and its threatened and endangered species.

Card Credit Service Wireless In the 1990s, a company called Cabeza de Vaca bought the Baca Ranch and announced a new plan to export groundwater. The partners then tried to get Colorado voters to approve two pernicious ballot initiatives, either of which would have driven the valley's farmers out of business - and dried up much of the political opposition to the water export plan.

Credit Security Service Union In 2000, purchase of the Baca became the linchpin in Congress' call to expand the Great Sand Dunes National Monument into a larger, more diverse national park: Congress flat-out said the park will come into being only after the feds buy the ranch.

Credit Report Service Uncle Sam didn't have cash to buy the Baca right away, so The Nature Conservancy - one of the world's premier conservation groups, dedicated to preserving Earth's biodiversity - saddled up to ride to the rescue. Along with Great Outdoors Colorado and the Colorado Department of Natural Resources, TNC raised $31.28 million to buy the historic ranch.

Blogspot Com Christian One of Cabeza de Vaca's investors is an affiliate of Yale University and bankrolled about half the campaign for the two discredited ballot initiatives. When a labor group at Yale, the Federation of Hospital and University Employees, publicized Yale's involvement in the deal, the embarrassed university and its partners agreed to sell the Baca and make way for a new national park. Yale pledged its share of the proceeds to TNC to help pay for the purchase. Cabeza de Vaca then defaulted on payments to the county, opening the door for some of its out-of-state investors, as Vaca Partners, to buy the ranch. Vaca now wants to sell the ranch to TNC, making way for the new park and allowing Yale to keep its promise.

Christian Counseling Credit But there's a problem. AWDI, seemingly blind to the overwhelming political opposition to any water exports, sued Vaca Partners in federal and state courts. If AWDI wins, the park is kaput.

Credit Federal Service Union One case went to binding arbitration in October, but no decision has been announced by the arbiters: Former Colorado Gov. Richard Lamm, chosen by AWDI, with whom he had business deals; former U.S. District Judge Jim Carrigan, the neutral member; and ex-U.S. Judge Charles Renfrew of California, on Vaca's behalf.

Credit Monitoring Service With that case pending, the other federal suit against Vaca, in which AWDI claims the partners didn't maximize the ranch's value, is on hold.

Credit Division Service So, too, are lawsuits in state court. In one, AWDI seeks a percentage of the gross revenues it had secured by a deed of trust against the Baca's water. An AWDI win might force the Vaca partnership to pay a kingly sum: AWDI once valued San Luis Valley water as worth billions of dollars.

Card Credit Online Service Courts of law will rule on the legal theories. But in the court of public opinion, political realities weigh against AWDI.

Consumer Counseling Credit Inc Since AWDI's original plan went down the drain, Colorado's legislature and the U.S. Congress passed laws making such water exports more difficult. And since Congress wants to designate a new national park, the damage water exports could do aren't just a Colorado issue, but a national environmental concern. TNC's interest (it earlier bought the nearby Zapata-Medano ranches) underscores the valley's ecological significance.

Card Credit Fleet Service In a common-sense view, AWDI's claims look all wet - but no one ever said the law has to make sense.

Card Consolidation Credit Penelope Purdy
Denver Post - 11/19/2002

Topic: Public Lands

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