Date: 06/22/2009

Final
Division of Wildlife Real Property Transactions

COMMITTEE ON CAPITAL DEVELOPMENT

Votes: View--> Action Taken:
Recommend support for the acquisition of Andrick P
Recommend support for the Cabin Creek State Wildli
Recommend support for the Chubb Park Conservation
Recommend support for the donation of the Stengel
Recommend support for the four Torres Ranch State
Recommend support for the purchase of the Tomichi
PASS
PASS
PASS
PASS
PASS
PASS

11:02 AM -- Division of Wildlife Real Property Transactions

Mr. Grady McNeill, Resource Support Section Manager, and Ms. Anne Kelson, Real Estate Unit Supervisor, both of the Division of Wildlife (DOW), Department of Natural Resources, presented nine real property transactions. Mr. McNeill began by summarizing the four proposed Torres Ranch State Habitat Area Conservation Easements. Committee members received a summary of each transaction, prepared by Legislative Council Staff (Attachments G, H, I, and J, respectively). Mr. McNeill addressed questions about public access on the four Torres Conservation Easements and the appraised value of the properties.

090622AttachG.pdf 090622AttachH.pdf 090622AttachI.pdf 090622AttachJ.pdf

Mr. Mike Trujillo, Area Wildlife Manager, Pueblo Office, DOW, said the Trinidad area is at or slightly above herd objectives. In response to a question about why the properties need to be protected by conservation easement, Mr. Trujillo said landowners in Las Animas County have expressed interest in protecting the area for wildlife. He also said the Torres properties are near coal methane fields, and conservation easements may help protect wildlife corridors from possible mineral exploration and development. Mr. McNeill said subdivision of area properties into multiple plots will likely interrupt wildlife migration corridors. Ms. Kelson explained that even though the mineral rights on the properties will not be severed, the terms of the conservation easement permit DOW to negotiate surface use impacts with landowners if the mineral rights are to be developed.

11:12 AM

Discussion continued about why the Torres properties need to be protected by conservation easement. Mr. Trujillo and Mr. McNeill addressed questions about why the properties will not be open to public access.
BILL:Division of Wildlife
TIME: 11:17:07 AM
MOVED:Bacon
MOTION:Recommend support for the four Torres Ranch State Habitat Area Conservation Easements, including: #1 ($531,000 CF, including 265,500 in Habitat Stamp funds and 265,500 in GOCO funds, for 624 acres); #2 ($153,500 CF, including 76,750 Habitat Stamp funds and 76,750 GOCO funds, for 191 acres); #3 ($536,000 CF, including 268,000 Habitat Stamp funds and 268,000 GOCO funds for 641 acres); and #4 ($466,000 CF, including 233,000 Habitat Stamp funds and 233,000 GOCO funds, for 637 acres). The motion carried on a vote of 4-2-0.
SECONDED:
VOTE
Kopp
No
McFadyen
Yes
Schwartz
Yes
Sonnenberg
No
Bacon
Yes
Riesberg
Yes
Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:18 AM

Mr. McNeill continued his presentation and outlined the request for the Chubb Park Ranch Conservation Easement and Hunting Access Easement. Committee members received a summary of the transaction, prepared by Legislative Council Staff (Attachment K). Mr. McNeill addressed questions about the project's source of cash funds and how the annual operating costs will be expended. Mr. Trujillo provided an overview of the herd projections for the region. In response to a question, Ms. Kelson said a residence can be built on the property by either the current or future owner(s).

090622AttachK.pdf
BILL:Division of Wildlife
TIME: 11:26:25 AM
MOVED:Schwartz
MOTION:Recommend support for the Chubb Park Conservation Easement and Hunting Access Easement ($450,000 CF for 507 acres). The motion carried on a vote of 6-0.
SECONDED:
VOTE
Kopp
Yes
McFadyen
Yes
Schwartz
Yes
Sonnenberg
Yes
Bacon
Yes
Riesberg
Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

Prior to the vote, discussion turned to whether the terms of the conservation easement allow access for anglers. Ms. Kelson explained that the property likely does not have any desirable fishing locations and that the appraisal on the property was specific to the rights to be acquired, which, in the case of Chubb Park, included hunting but not fishing access.

11:30 AM

Mr. McNeill presented the Cabin Creek State Wildlife Area and Lost Canyon Wildlife Area Donation property transaction. Committee members received a summary of the transaction, prepared by Legislative Council Staff (Attachment L). Mr. McNeill addressed questions about when the transaction will be finalized.

090622AttachL.pdf
BILL:Division of Wildlife
TIME: 11:35:11 AM
MOVED:Schwartz
MOTION:Recommend support for the Cabin Creek State Wildlife Area (202 acres) and Lost Canyon State Wildlife Area (305-320 acres) donation. The motion carried on a vote of 6-0.
SECONDED:
VOTE
Kopp
Yes
McFadyen
Yes
Schwartz
Yes
Sonnenberg
Yes
Bacon
Yes
Riesberg
Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:36 AM

Mr. McNeill presented a request to acquire the Andrick Ponds State Wildlife Area. Committee members received a summary of the request, prepared by Legislative Council Staff (Attachment M), and letters of concurrence for the proposed transaction, supplied by DOW (Attachment N). Mr. McNeill answered a question about the map included in Attachment M. Discussion ensued about the water rights associated with the property. Mr. McNeill explained that DOW has no intention to change how the property is currently managed because it would not be beneficial to waterfowl in the area. Discussion continued about water augmentation, water rights, and the lease of water credits associated with the property.

090622AttachM.pdf 090622AttachN.pdf
BILL:Division of Wildlife
TIME: 11:44:51 AM
MOVED:Bacon
MOTION:Recommend support for the acquisition of Andrick Ponds State Wildlife Area ($3,250,000 CF, including 1,625,000 Habitat Stamp funds and 1,625,000 GOCO funds, for 711 acres). The motion carried on a vote of 4-2-0.
SECONDED:
VOTE
Kopp
No
McFadyen
Yes
Schwartz
Yes
Sonnenberg
No
Bacon
Yes
Riesberg
Yes
Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:45 AM

Mr. McNeill presented the Stengel Shooting Range Conservation Easement and Deed Donation property transaction. Committee members received a summary of the transaction, prepared by Legislative Council Staff (Attachment O). Discussion turned to the impact of House Bill 09-1168 on the submittal process for DOW real property transactions. House Bill 09-1168 clarifies the order of approval for real property transactions submitted by DOW and the Division of Parks and Outdoor Recreation to the Capital Development Committee and other entities.

090622AttachO.pdf
BILL:Division of Wildlife
TIME: 11:48:31 AM
MOVED:Schwartz
MOTION:Recommend support for the donation of the Stengel Shooting Range Conservation Easement and Quitclaim Deed Donation (80 acres). The motion carried on a vote of 6-0.
SECONDED:
VOTE
Kopp
Yes
McFadyen
Yes
Schwartz
Yes
Sonnenberg
Yes
Bacon
Yes
Riesberg
Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:49 AM

Mr. McNeill presented the Tomichi Creek State Wildlife Area property transaction. Committee members received a summary of the transaction, prepared by Legislative Council Staff (Attachment P). Mr. Pat Miks, Budget Manager, DOW, came to the table to address a question about anticipated future revenues from the sale of the Wildlife Habitat Stamp. Mr. Miks explained that changes resulting from the passage of Senate Bill 09-235 are expected to lead to an additional $2.9 million annually from this revenue source. Senate Bill 09-235 prioritizes expenditures from revenue collected from the sale of the Colorado Wildlife Habitat Stamp and creates the Colorado Wildlife Passport.

090622AttachP.pdf

Mr. McNeill addressed a question regarding concerns expressed by the Gunnison County Commissioners regarding the property transaction.
BILL:Division of Wildlife
TIME: 11:57:33 AM
MOVED:Schwartz
MOTION:Recommend support for the purchase of the Tomichi Creek State Wildlife Area property (up to $1,746,229 CF, including 873,114.50 Wildlife Cash funds and 873,114.50 Habitat Stamp funds, for 466 acres). The motion carried on a vote of 6-0.
SECONDED:
VOTE
Kopp
Yes
McFadyen
Yes
Schwartz
Yes
Sonnenberg
Yes
Bacon
Yes
Riesberg
Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



12:00 PM

The committee adjourned.