Ongoing settlement negotiations have resulted in an interim agreement wherein Lexam Explorations would divest itself of its mineral rights in the San Luis Valley if a $ 9.7 million deal can be inked by May 17, 2010.  Most of these mineral rights are beneath the public lands contained within the Great Sand Dunes National Park and Preserve Act of 2000, originally part of the historic Luis Maria Baca Grant #4, former Baca Ranch, which was purchased on behalf of the American public for $33 million. Final appropriation occurred in 2004.
“This is a historic opportunity to protect a naturally diverse and pristine area at the base of the  Sangre de Cristo Mountains for future generations. We are pleased that Lexam and the Fish and Wildlife Service are willing to engage this ongoing effort to address the split-estate situation in a manner which protects land and water at the headwaters of the Rio Grande by reuniting its resources once again on behalf of the American public,” states Christine Canaly, Director of the San Luis Valley Ecosystem Council.
Before passage of the 2000 Congressional act that established the Baca Public Lands Complex, efforts were underway to purchase the mineral rights and reunite them with the surface.  It became clear that acquisition of the mineral rights would be a lengthy process, so the Act’s sponsors decided to move the legislation expeditiously, in anticipation that the mineral rights would be acquired later.
Now, the critical step to acquire the mineral rights has been set in motion. This effort is the continuation of a long-term grassroots
effort to restore long-term protection for the region.  This started 20 years ago with American Water Development (AWDI) filing a water court challenge in the late 1980s for the right to pump 200,000 acre ft. per year under the former Baca Ranch from the Valley aquifers. After being barraged by a decade of water court challenges, state ballot initiatives & legislative manipulations, the citizens of the San Luis Valley sought a long term solution.
Bi-partisan support led to the passage of the Great Sand Dunes National Park and Preserve Act of 2000, resulting in the surface protection of over 150,000 acres, a significant amount of those lands becoming Colorado’s largest and newest national wildlife refuge  (Baca NWR).
In 2006, Lexam Explorations announced its intent to conduct exploration activities on a portion of the Baca NWR, and to drill two 14,000 ft. wildcat oil and gas wells. After reviewing the Fish and Wildlife’s Negotiated Operations Plan, which included no public input, the San Luis Valley Ecosystem Council, joined later by the Citizens for San Luis Valley Water Protection Coalition, filed a federal lawsuit arguing that the agency must complete a full environmental analysis of the planned exploration through the National Environmental Policy Act (NEPA).
“The interim agreement allows the grassroots groups to openly engage the public and public officials in an effort to identify and secure the necessary funding to accomplish this long-desired outcome,” said Travis Stills, attorney for the Energy Minerals Law Center.  “In the coming days and weeks, we are hopeful that with the assistance of our conservation partners and elected officials, this opportunity will be converted into the long-term protection of the San Luis Valley.”
In September 2009, U.S. District Court (for Colorado), Senior Judge Walker Miller granted a Preliminary Injunction (PI) which recognized the likelihood that conservation groups would prevail in their lawsuit.  Among several reasons given, Judge Walker Miller recognized that the U.S. Fish and Wildlife Service “… did not really consider the possibility of acquiring Lexam’s mineral rights as an alternative, as evidenced by the Final EA’s boiler plate and incomplete statement on the subject, lacking even an analysis of the likely cost of acquisition.”
“This is an important opportunity in that the purchase of these mineral rights is now being pursued on a willing seller basis,” said Matthew Crowley, Co-Chairman of the San Luis Valley Watershed Protection Coalition.  “After 2 decades of work from local grass roots to a literal act of Congress, we now have the chance to complete this work.  Our goal is that the public/private partnership can move swiftly to meet the challenge of purchasing these rights on behalf of the American public and having them retired in perpetuity.”

by Keno
Of all the many different kinds of wildlife that live in the greater Crestone area, our birds are amongst the smaller ones. So many people have a strong interest in them, in part because birds are the only animals that can truly fly—along with insects, and one type of mammal, the bat (flying fish, frogs and snakes don’t actually fly, they just leap or glide). But it’s also important to note that not all birds can fly, either.

Piñon jays have thrived this season on a bountiful harvest of piñon nuts. photo courtesy NPS.gov

After living in Crestone for over 8 years, one thing that strikes me the most about our local birds is the large numbers of them that we have here year-round, compared to the other Colorado locations I’ve lived in and visited. Growing up on Long Island, I recall lots of birds there, but only in the spring and summer. Crestone is the only place I can recall seeing so many birds in the winter months. So why is that? I spoke to both Elinor Laurie and John Rawinski, two local bird watchers in the San Luis Valley and asked them why. I got the same answer from both of them.  It’s because a year-round food source is available here—our juniper and pinyon trees—and these trees keeps many of them here even in the winter months.
In the entire SLV, we see 325 different species of birds, with 250 recorded in the summer months and 60 in the winter. On January 2 of this year, Gary Koehn, a bird watcher visiting from Colorado Springs, counted 16 different species here in Crestone, the majority being pinyon jays—counting over 400 of them alone!
In Colorado, the pinyon jay (genus Gymnorhinu), lives mainly in foothill areas year-round. They are a highly social animal, often forming very large flocks of 250 to even 500 birds and they flock mainly for protection. One or two birds from the flock will be a lookout for all the rest, sending out cries if predator is near. These birds also practice what is known as “mobbing”; it’s their way of harassing the predator. I got to watch this one day last October when my cat, Cheesy, who was inside looking out the window, had a mobbing encounter with a jay which went on for over 30 minutes! The jay in question, besides making a lot of noise (krawk-kraw-krawk!), would charge the window where Cheesy was, flying into it over and over again trying to get at him.
Pinyon jays nest quite early in the season and usually 3 or 4 eggs are laid. Incubation is usually 16 days. The male bird normally brings food near to the nest, and the female flies to him to receive it and then takes it back to the nest to feed the chicks that fledge around 3 weeks later. Their lifespan is on an average 7 years, but some live twice as long.

The Stellar’s jay is among the most raucous of our local birds. photo courtesy FWS.gov

Also scrub jays live here in the pinyon and juniper forests.  They are a little bigger than the pinyon jays and have more gray on their chests and don’t travel in large flocks.  The steller jays are a darker blue than the pinyon jays and have a dark top knot on top of their heads.
Of course, we have many other kinds of birds that live around here. Year-round you will see a good number of American robins—with their colorful orange breast; they are the largest North American thrushes. Some of the other birds that we also see year-round are the dark-eyed junco (nickname “snowbird”) and other sparrows, mountain chickadees, crows, hawks and owls.

The male Western scrub jay. photo courtesy Idaho Fish & Game

In the summer months we see plenty of different birds, a few to note are: doves, finches, swallows, nighthawks, and the tiny hummingbirds—which are among the smallest of all birds and the only bird that can fly backwards. Why do these birds leave come fall? Once again, it’s the food source, or lack of, as the plants and insects that they eat are gone in the winter months, so they migrate to warmer climates.
Some birds stay year-round—but you might not realize it. Kinglets (scientific name Regulidae, derived from the Latin word regulus for “petty king”) are one of them. They live up high in our mountains in the summer and only come down into our foothills in the winter months.

The Pygmy nuthatch seems to defy gravity as it forages every surface of the tree in search of a meal. photo courtesy Idaho Fish & Game

Other birds are new to our area, like the rosy finch (Leucosticte atrata). This bird was rarely spotted in the SLV or Crestone until recently, living before on the Colorado Front Range, where they have since disappeared. Why have they moved into our neighborhood and left their old home? We can only guess that there is a connection with the buildup of the land on the Front Range, as they like open space.
So what animals are predators to birds, besides cats? Lots, like raccoons, squirrels, chipmunks, snakes, mountain lions, foxes and coyotes. Dogs running loose can harm ground nesting birds. Even other larger birds like owls, hawks and falcons will hunt down and eat smaller birds.  Yes, it’s a wild world out there!

Hairy woodpecker photo courtesy Idaho Fish and Game

The fact that birds can fly makes them seem special over all of the other creatures on our planet. Just how and why do they fly? Well, flying gives them the ability to escape their predators, as well as make them better hunters. Flying also allows them to escape nasty weather and for some to migrate to warmer climates.

Downy woodpecker photo courtesy Wikimedia commons,

Birds are able to fly because of a variety of reasons. They have high metabolisms to supply their body with energy. They have lightweight bones. They have feathers, some of which are long and strong; which is one way that helps them to produce lift. They also have a bone in their chest called the furcula, more commonly known as the “wishbone”, which is very important for being able to produce the strength and skeletal support needed to flap their wings. By flapping their wings, birds create thrust and lift.
Their mechanics of flight are like an airplane; the factors of lift, weight, thrust, and drag all interact to allow for controlled flight. They are able to steer by changing the shape and orientation of their wings and tail.
No wonder so many humans are fascinated by birds!

The POA held a public comment meeting on January 14 on whether to pursue a lease with Commnet Wireless and install a 150ft cell phone tower near the Kit Carson Rod and Gun Club and Camper Village. One Board member said that one would need a Phd to grasp the information, so we’d have to trust Comnet and the FCC. Attendees at the meeting weren’t so quick to trust.  Reminiscent of the hard-fought battles over tobacco and asbestos, information on the health impacts of cell phone towers is coming out. The Eagle will have a two-part report covering the legal playing field as well as the health consequences and potential impact for our community in the February issue, on the stands on January 29.

by Sandia Belgrade
In a special meeting on December 15, the Moffat School Board went into executive session with the Moffat School District’s lawyer to finalize the personnel matter regarding Superintendent Charles Warren. When the Board finally reconvened in open meeting before a filled room, they announced their decision to have the lawyer negotiate a termination of his contract. The superintendent was put on paid professional leave on Dec. 14 and the details of his termination are being worked out.
Victory for protestors
Sage Godfrey, President of the Board, announced the words so quietly that it took a few minutes for the import to sink in. Since it was called as a special meeting, the lawyer advised the Board about not speaking or taking questions or comments from the audience who, of course, wanted the Board to reach out to them more. But the teachers and community got what they had worked hard for: after weeks of input from teachers and the residents, the Board finally realized that the superintendent did not have the support of teachers or the school community. Apparently it was a mutual decision, for without that backing, things couldn’t move forward. Godfrey acknowledged the community’s role, and certainly they kept the pressure on until the Board had taken steps for the welfare of the school. Godfrey said she
was very impressed with the interest parents have taken in their children and how responsive they have been in attending meetings.
How did it reach this point?
The drama embroiling Superintendent Charles Warren has consumed the Board, school and a concerned community for the last several months. The controversy began with the ouster of Principal Michelle Hashbarger which outraged students, community and faculty. They have kept the pressure on the Board, and significant events occurred indicating that some change had to happen. A volatile December Board meeting in which a Board member pounded the table and audience comments turned to shrill invective may have allowed some of the frustration to peak. There was also a convincing vote of no confidence in the Superintendent and Board: 33 no confidence; only 2 voted yes.
Former principal speaks
Michelle Hashbarger finally spoke to the community and was able to clarify some of what had transpired from her point of view. In a public memo dated December 9 Warren stated that he and the Board had decided to move her “to an administrative position in the elementary school with no change in compensation.” However, Hashbarger said she was not offered an elementary position, and presented copies of another letter given to her by Warren, dated Oct. 12, stating she was being removed as principal. In the second memo, she was told it would be short term position for the remainder of the 2009-10 school year which would be revaluated before determining whether she should continue or be transferred to a teaching assignment. He advised her that she’d need to renew her teaching credential. Hashbarger pointed out that when you make a principal a creditable offer of an administrative position, you don’t offer it as “short-term.”  She maintained that she would not have resigned if she had been offered to stay at Moffat in an administrative position in the elementary school.  The Board was getting different takes on what he had presented to her.
Credibility concern
What repeatedly came up at school board meetings and in interviews with teachers over the last few months was their feelings of distrust in Warren for apparent incongruities in what he said and did.  According to the Board, Warren had found Hashbarger to be insubordinate; yet in a personal interview with Warren, he told this reporter he got along fine with her. Warren’s credibility problem with the teachers may have contributed to the lack of confidence and trust teachers had in him. Several teachers referenced the lack of consistency in day-to-day occurrences. Others wonder if he has a problem or was he just an over-worked person who sometimes forgot?
One of the straws…
Events away from the public eye also occurred that may have turned the tide. One night in December there was a problem with students and a domestic issue that occurred at the school, incidents that prompted a call to the sheriff. It was reported that Warren left the building with all that was happening, saying he had a meeting. He told the secretary to call 911—but she is not someone who is certified to be in charge. Warren returned later with several Board members. The next week the Board put Warren on Paid Professional Leave. They maintained that the leave was for Warren’s protection.
Balancing compassion with scores
Principal Hashbarger reminded the group that reading in Elementary school is crucial,  the water that raises the ship. The National Association of Secondary School Principals (NASSP) supports her: “literacy achievement and strategies have been shown to improve not only reading and writing skills but achievement in math, science, and other subjects.” The University of Maryland, for example, says most middle and high school teachers and administrators are not trained to deal with literacy issues. They think the problem is solved in earlier grades and that students naturally progress. Yet, one in three high school graduates need to take remedial reading when they enter a Maryland college. So the problem is not Moffat’s alone, and Hashbarger’s work with reading was critical to the school achieving high standards. Recently Godfrey was apprised of the rising writing scores at the Moffat middle school level and congratulated them on this achievement.  Now it is time to focus on the high school, she said, and give them the attention they so well deserve.
The Board’s role
Amanda Pearson, Saguache judge, considered filing a law suit against the Board for breech of the Colorado Sunshine Law, though it happened unintentionally. There was a meeting of the Board with the Charter School Governing Council at the Desert Sage, which had not been publicly posted. It was followed by a meeting in which more than two board members were present.  The Sunshine Law legislates that all meetings of two or more members of any state public body where any public business is discussed must be open to the public. A gathering of three or more individuals of a local body constitutes a meeting. Sage Godfrey says it was an inadvertent mistake, and she feels badly about it, but stresses that no decisions were made.
The Board has shown by their termination of Warren that it will respond to the community. Mediation had been recommended by staff and at least one former Board member in the October and November meetings during the “citizens addressing the Board” part of the agenda. The Moffat School Accountability Committee formally recommended mediation in the December meeting. Also the Hashbarger situation has been tabled.
While the community remarks made to the Board have been angry and sometimes venomous, they had  justifiable concerns. Many in the school and community wished that the Board could have reached out and offered more acknowledgment to the concerns of the people who had come out for the meetings. At the same time the Board,  a volunteer group sincerely wanting to serve the community,  took a long time to really hear the teachers and residents. They were often unresponsive, and it appears they often used the rules governing Board conduct at meetings as protection. There are, however,  two good signs for the future: the community and teachers persevered, and the Board finally acted sincerely in accordance with the realities presented by events and testimony. There is an at-large position on the Board open, and Godfrey is encouraging interested people to apply. She feels this is an opportunity to move in a new direction, and she welcomes input. If the Board really follows through on their statements about moving forward, it will gain the trust of the community.
Time for healing
Several people have said it’s a time for healing and many want to know how the community can move forward. All the players—the school, the Board, and the community— should feel very empowered by what they have accomplished. They face the next semester with a chance for a fresh start. At present Moffat has no superintendent and no principal. Linda Stagner and Karen Hazard, the Business Managers, were named as the temporary interim co-superintendents. The current search is for an interim superintendent for second semester.  That person will set up a committee to help select a new principal and then a full-on search for a permanent superintendent will happen this spring.
The children shall lead us
While many are concerned with scores as a measurement of student learning, Eric Frey, one of the teachers said, “You can’t measure compassion or creativity.” As it turns out, the students know as much as the adults about what truly matters. Student Council President, Jahil Bragassa, presented a letter on behalf of the Student Body, the gist of which says that the school is continuing the tradition of lighting a candle at the holidays and letting students speak. The letter went on to say that the students are inviting the community to make donations to families who go without at this time of year. Of all the words that have been expressed, those of the students are most hopeful. The letter ends with the following statement showing how resilient they are:
“The students would like to thank the staff and faculty for their integrity and endurance during this difficult semester. You have displayed great compassion and concern for the students and the school.”