Self-employed graphic designer Lauren Giusti’s Salidaslacker.com sheds light on the slacker mentality. Although Wikipedia refers to the term slacker as one who “habitually avoids work,” Giusti considers the word slack as being loose rather than taut. Giusti explains that being a slacker “doesn’t have anything to do with not being smart or not wanting to work.” It’s more about living your life with balance, perspective and “what fulfills your spirit.”

The site sells T-shirts, stainless steel water bottles, hats and totes. At a time when Salida’s schools face more of the state budget cleaver, 10 percent of profits will be donated to the school district. Giusti and her husband, Bill, are parents of a Longfellow Elementary School second-grader, Mia.

The culture of Salida and its surrounding valleys has evolved with its influx of residents who move here to play outside. It’s not uncommon for certain professionals or services to be unavailable on beautiful days. For the newly arrived who depend on professional services to maintain businesses, this can cause stress and turmoil. Especially since many days here are so nice.

The recent closing of Ploughboy, a market that sold local food, has sparked the debate. The owners publicly explained their reasons for closing included the lack of services and professionalism in Salida. This got locals talking.

We considered when it’s appropriate to put off or reschedule work and what services are absolutely necessary during business hours. There’s a discernible difference between hard-working professionals enjoying a powder day during business hours and others who can’t be pinned down to work, period.

There’s a certain measure of success to getting out on a nice day. The more we can enjoy our outdoor playground, the more successful we are. It’s one way to reinvent our lives.

Giusti was moved by the Salida residents who “defended the slower pace and embraced the outdoor culture, even if it was at the sacrifice of work and money” and decided to launch the site. “I feel incredibly lucky to be here,” Giusti said. “So any negativity just didn’t fit with the gratitude I feel.”

Giusti said she works 15 to 80 hours per week, depending on the project.

The idea of the site came to Giusti during her own slacker moment, on the slopes on a powder day under a brilliant, blue sky. “I thought it would be a good way to poke fun at ourselves and make light of a situation that seemed to have fluffed a few feathers in town,” she said.

“No matter how important we think something is, it usually can wait a few hours,” she said. ”Slackers know who they are and are proud to put play ahead of work . . .  if they can. It’s no coincidence that we all migrated to Salida. Those who have a strong sense of place are naturally attracted to it.”

Another reason locals may give in to play is that for the self-employed, work is often unreliable. To keep a positive attitude about living here and grinding out a living, it makes sense to play when possible. And playing is powerful.

Giusti mentions on her site that slackers understand what’s important and will go the “extra mile (on bikes, skis and kayaks)” to keep the play/work ethic in balance.

The site’s support page lists slacker activities, slacker supplies and slacker services. Giusti emphasizes the site is still evolving. She wants classifieds for selling/trading gear and bartering services, and a place to post events or report on cool adventures. She’ll list as many businesses as possible free of charge but will need to sell banner ads to cover the cost of the site. Giusti hopes to have her goods printed locally soon.

“Slacker is a perfect word to describe our lives,” Giusti said. “We are not rigid with our time. We allow some slack so that if an opportunity comes along that we want to embrace, we can. All we have is the moment we are in. Do we really want to be inflexible with that moment?”

Some ranchers have seen less water in their ditches. They say the work of excavators on the property formerly known as Friend Ranch was downright sloppy instead of delicate, and it’s drained the bog of some water. The way they see it, trenches and holes were dug arbitrarily without any knowledge of the ditches and their sources. Trucks drove over one ditch, then filled it with dirt. Ranchers worry that the work may have affected their  seepage water and injured their water rights.

They also question whether the development has enough water for a golf-course community.

“They’re diverting groundwater, which holds up ditch or irrigation water,” says Dana Roberts, who owns the 300-acre Post Office ranch nearby with her husband, Dean, and other family members. “It took us all by surprise. We never knew what this development could do.”

Groundwater is defined as water beneath the surface, often between saturated soil and rock, that supplies wells and springs. Seepage or seep water is water that appears on the surface from a source of groundwater.

To a ranching outsider, a ditch hardly sounds valuable or even significant but ranchers can’t overemphasize its importance. These thin brown ribbons with their languid curves, then straight and purposeful, are cautiously cleaned and maintained. Local ditches are lined with a barrier of silt and organic matter, over a clay lens above gravel. This geology is characteristic of the Arkansas River valley. The silt barrier holds the water similar to a plastic pool lining. If the clay is punctured, the water is lost, trickling down and away through the gravel. It’s a thing of beauty to see this water rushing strong, cold and clear, safely contained in a natural water slide.

The timing of turning on particular ditches to irrigate is well-orchestrated. Like old friends, ranchers know what to expect. A priority system honors the seniority of a rancher’s water right, which determines the right to divert water relative to other rights during periods of limited supply.

What concerned ranchers from the beginning was a general disregard for the ditches and their value to ranchers. Dean Roberts said the former developers’ “whole attitude toward ditches bothered me.” For starters, several major ditches were left off application maps to Poncha Springs.

One Friend Ranch project gone wrong, according to some ranchers, was the installation of the water-sewer line from Poncha Springs along the Monarch Spur toward the development.

Ditch owners say equipment showed up one day in January 2009 and work started on the water line. They say the project manager was unaware of the ditches, or that the water-sewer lines would run under them. They walked him along the railroad-right-of-way, identifying the ditches.

When construction of the trench for water and sewer pipes began near the Ouray Ditch, “they dug a 10-foot hole and got a lake, and this was January,” Dana Roberts said. “They were totally surprised.”

Bewildered that the team was unaware of the ditches, ranchers wrote Poncha Springs, asking to delay the project. Sixteen neighbors signed the letter.

Eventually, developers did come around and make agreements with some ditch owners. For example, at least one ditch owner requested a lining of bentonite to create a seal between the ditch and gravel. But, again, after construction had started.

Excavators ran three pumps, 24 hours a day, to pump water from the site, the Roberts say. Apparently, Friend Ranch developers spent $200,000 to pump the water.

Work continued on the trench on a 2 percent gradient along the old railroad easement. In early February of 2009 the Roberts say workers used 1-inch rock gravel to bed the line rather than material that would contain or stop the water. The gravel caused a French drain, which pulled precious water down and away. “That gravel was a mistake,” said Dean Roberts. “They’ve got to use different bedding material.”

According to the Roberts, workers tried to correct the problem by pouring concrete dams every 200 feet to stop the flow. Then groundwater came up as ranchers irrigated in the spring, putting an end to construction of the dams.

Dean Roberts shook his head and added, “This land shouldn’t have been tampered with.”

This is curious because Poncha Springs passed a resolution in July 2008 stating the “developer made good faith effort to enter into agreements with owners of ditches,” and “these efforts shall continue.” This resolution gave Friend Ranch the green light for construction, possibly to meet bank deadlines.

Ditch owners were also mentioned in the September 2007 annexation and development agreement between Friend Ranch and Poncha Springs. It stipulated Friend Ranch must prove reasonable efforts with ditch owners on crossings, relocations and alterations within the development. Overtures were made over ditches on Friend Ranch, but not outside property lines. Had the water-sewer line been completed along the railroad right-of-way, it would have 12 ditch crossings over easements. Seventeen people have rights to these ditches.

The Poncha annexation plan may have been Friend Ranch’s downfall with regard to water.
Septic and leach fields could have helped return flows instead of running a water-sewer line to Poncha.

The railroad easement isn’t the only excavation project that has ranchers worried. Sam Scanga raises cattle, alfalfa and cuts hay on his 160-acre ranch across Highway 50 from the Friend Ranch development. Scanga, whose ranch has been in his family since 1905, makes room for a map of ditches on his kitchen table, stacked high with records.

He points out the Newby Bowring Ditch by County Road 210, which runs through the former Friend Ranch development. Besides the Newby Bowring and Velotta seepage, which comes off Friend Ranch and dumps into the Newby Bowring, Scanga has water rights in the Pinon ditch.

“That’s how I get water to my ranch,” Scanga said.

Scanga says Friend Ranch workers bored under his ditches to install a fiber optic cable under the Newby Bowring Ditch and power line under the Burnett and Velotta seepage ditches, without a ditch crossing permit or his permission. He’s supposed to be notified of any work that could affect his water. Scanga says, yes, he was notified – two weeks after the job was completed.

He’s watched workers dig trenches through the bog, getting dozers and backhoes stuck in the mud. “Every time they do that, I think they’re taking seep water,” Scanga said.

Scanga says excavators didn’t realize what they were doing to the groundwater. When he asked why they dug three trenches, workers said they wanted to see which way the groundwater flowed, according to Scanga.  “Don’t need to dig to see it’s flowing toward the river,” he said.  “Water seeks low spots, doesn’t it?”

Last year, the seepage water ran equal to the drought of 2002, Scanga says, and “last year was a good water year.” He measures what the ditches produce, what he takes and puts back. “I started keeping good records,” he said. “It’s down.”

The Roberts agree and see a correlation between Friend Ranch excavators “digging around” and their seep water dropping. Their seep water is seepage- and spring-fed.

New developers, new relationships

Dana Roberts said she hopes owners of the newly named Bent Tree will be “more empathetic” to their concerns and have a “better understanding of the source of supply, especially of spring and seep ditches.” Ranchers want better working relations with the Bent Tree group, particularly on the next phase of the water-sewer line installation.

Gary Findlay is managing partner of Bent Tree, which purchased a bank note and took a deed on Friend Ranch in lieu of foreclosure. Findlay will manage the development. He understands neighbors are upset and says he hopes to “prevent it from happening in the future.” He also says he wants to “extend a friendly hand” and “be good neighbors.”

“We plan on meeting with everyone concerned,” Findlay said. “If they see something they don’t like, they can bring it to us right away and we can work it out. That’s where we want to be. We want to work it out.”

Bent Tree’s financial reorganization doesn’t assume any prior obligations from Richard Chick’s time managing the development. “We’re a new group, said Dennis Saffell of Winter Park, who is a broker and member of the Bent Tree group. Saffell is heading up homes sales, advertising and marketing. “We didn’t get old money or incur old expenses.”

Findlay said members of Bent Tree got involved because they were original investors and had deposits on lots. “We wanted to help the project survive and protect our investments,” he said.

On its own, Friend Ranch appears to have enough historic water rights for the golf course with 4.76 cubic feet per second. As Poncha applies for a change in water use from irrigation to municipal use, the court will consider historic factors, such as return flows, groundwater, diversions and irrigation practices.

The Friend Ranch group had to buy more water to be consumed by homeowners. It purchased 21.6 acre feet of water with a value of $756,000.00, then transferred this water to Poncha.

Friend Ranch’s price to develop was paid in water rights. The 2008 resolution also notes “water rights and other real estate required to be conveyed to the town, following final plat approval.” The reservoir at Friend Ranch shimmers in the sun like silver. It’s Poncha’s bank account for water with interest paid in evaporation.

‘Water is a court-dominated structure’

Bruce Smith, state water commissioner, says the development has enough water because land that had been historically irrigated became a golf course. “They’ve got enough because they’ve been growing a crop on it,” Smith said.

Part of the controversy centers on land that courts have determined were historically irrigated. Ranchers say some fields were not irrigated or haven’t been since the ’60s. They say the state’s got it wrong. State records from water court decisions don’t always match what ranchers say they’ve seen day in, day out, year after year.

“Water is a court-dominated structure,” said Smith.

Friend Ranch submitted its own water study called the Wheeler Report from Englewood-based Wheeler and Associates Inc. in December of 2009. Ranchers take issue with water measurements, specifically the amount of water historically used for irrigation. Water is measured by acre-foot, which is the amount of water needed to cover one acre to a depth of one foot.

Scanga says the Wheeler Report “irrigated more (acreage) historically than is factual.” He mentions “flaws” and “discrepancies,” such as the omission of the Huntzicker Ditch. He says the fields on his aunt and uncle’s former property across CR 120, bordering Friend Ranch, depended on the Huntzicker Ditch, and it ran full decree from the headgate until 2007. Decree, in this instance, is a court decision about a water right. “That doesn’t show,” he said. “I used to mow that hay every year. That gives you an idea how bad this report is.”

Scanga says the water commissioner’s records are just as bad.”The water commissioner showed water diverted at Henry Ditch,” he said. “That’s baloney.”

Flood irrigation vs. sprinklers

With a golf course replacing crops, sprinklers will be used instead of flood irrigation, which has more predictable return flows. Prior to the Friend Ranch development, within the distance of about a mile, water was taken from Pass Creek and Cotchetopa Creek, used for irrigation and returned to drainage areas. Ranchers have rights to divert water from this drainage. With sprinklers on the course, it’s hard to predict what the return flows of water will be.

Neighbors worry that sprinkler irrigation will affect their seep water by decreasing return flows. Smith agrees that sprinkler irrigation does decrease return flow to the river and groundwater. Yet, he says most of the land had been irrigated by sprinklers “for a number of years prior to the Friend Ranch subdivision.”

The Roberts are concerned not enough water will be returned to their drainage, which is where they divert water.  Pass Creek feeds into the Cotchetopa Creek. Dean Roberts worries that this water will be taken, fed to the reservoir, then bypass one of his vital ditches.

And Poncha can turn off the water to the golf course during an especially dry year. “I’d like to know that if buying a lot,” Scanga said.

Dean Roberts says the water plan currently in place for the golf-course community “will affect every ditch and every drop of water we own.” The question remains, by how much?

Imagine an underground lake

Visualize groundwater as an underground lake, flowing downhill. A confining layer keeps the water under pressure. If this geology is compromised and pressure is released, seepage could drop.

Excavators gone wild could surely affect ranchers’ seep water. “It’s entirely possible,” Smith said. But there’s “no mechanism in place other than court to prove this.”

Smith has faith in the water court system because “too many other people are looking,” crunching numbers of return flows of water, priority and amount consumed. “The state is looking, engineers and attorneys,” Smith said. “The main purpose is to not injure vested water rights. It’s important that they stay balanced. Water court’s an engineering game. How many places beyond the decimals do you want to go?”

But why does it have to go as far as water court? From the beginning, Scanga insisted on a “reputable” hydrological study, and wrote the county and town of Poncha about potential problems. The process has been exasperating. “My concerns are the same but haven’t been addressed,” he said.

Scanga saw Friend Ranch’s hydrology report from Futura Engineering of Colorado Springs  in March 2009 as “totally inadequate” and “worthless.” AMEC Earth and Environmental Inc. of Englewood reviewed the report and wrote that Futura’s design drawings of the utilities trench “do not clearly indicate how the trench will be isolated from groundwater.” AMEC found that the “trench may act as a conduit for groundwater flow from the site, which could result in a long-term lowering of the groundwater table.” AMEC also agreed with the review from the engineering firm Applegate Group Inc. of Denver, which found Futura’s work to be incomplete.

Poncha’s hired independent consultant even found lapses in Futura’s hydrology report. A report from Kumar and Associates of Denver, a group of geotechnical and materials engineers and environmental scientists, said Futura’s analyses were “simplistic” and “limited” on potential impacts of its drainage plan to flows in adjacent ditches.

Meanwhile, ranchers contracted their own hydrological study through Buena Vista-based Source Water Consulting, headed by Jord Gertson. Monitoring wells, 10-feet deep, were installed to measure groundwater. Gertson declined comment for this story.

‘Not increasing number of front doors’

Findlay says the Bent Tree development will stick with the original number of homes platted, 500 density units, some multi-family, some single-family homes. A duplex, for example, is two units; a single-family home is one unit. Like the Friend Ranch plan, Bent Tree will build in phases.

“We’re not increasing the number of front doors,” said Saffell.

Bent Tree can’t sell lots just yet. It needs a HUD disclosure, a prospectus-like document to give buyers. Next, the group must bond and guarantee infrastructure to homesites. And there are those pesky liens in the millions, continually increasing, that must be cleared. The courts will sort the liens, deciding which ones will be paid and which ones won’t.

“It looks like we’re going to make it because the buyers are out there,” Saffell said. “We’ve tested the waters and it’s very encouraging. We have multiple reservations.”

The first 10 lots range from $57,500.00 to $89,500.00, about a third of the original pricing. Reservations require a $2,000 deposit, held by a title company, fully refundable. Deposits for lots with the original developer were closer to $29,000.00, or 20 percent down. “We’re anticipating closings to begin in November,” Saffell said.

In the interim ranchers have an eagle eye on water in their ditches and are recording measurements. And you can bet, when construction begins again, ranchers will be watching Bent Tree.

“Ranching’s difficult enough without these kinds of concerns,” said Dana Roberts.

Locals savor the reprieve, as if karma earned during Hurricane Katrina has left them a little something pristine. At times, a tar ball or other such evidence of the disaster washes up, and the stench of oil comes and goes. But, overall, the community is grateful it doesn’t look like towns east in Alabama and Florida or immeasurably worse, southwest at the tip of Louisiana’s boot.

More and more, communities outside Bay Saint Louis, Miss., have seen dead birds and fish, dirty wetlands and beaches, and booms that appear too flimsy for the job. Feelings of desperation hang around like an oily sheen.

In the morning we take our coffee and biscuits outside, under the fan, near the water. Neighbors walk down to check on their boats after a night spent away. They wave as they tend their boats, wiping, waxing, tinkering and caressing.

“Haven’t we suffered enough?” they say, after rebuilding their boats, homes and livelihoods. And make no mistake, they are still reeling from Katrina’s fury and dead-on punch in August 2005.

The Shrimp Lady sits in her van on Highway 90, like she always does, weighing her fresh catch for customers lined up, the sun beating down on them. She’s not telling where she gets her shrimp. Before the spill, locals say they’ve seen her family shrimping as far away as Bayou La Batre, Ala. One Bay Saint Louis restaurant owner who asked not to be identified says she’s importing from Texas rather than shrimping locally.

I couldn’t help but notice my shrimp po’boy at her place was leaner than it normally is. The cost of the usual $8.99 shrimp po’boy has increased 75 cents, indicated on the menu with new prices taped in place. It’s certainly a small price to pay after what’s happened. I was over the moon just to have edible seafood. The sad joke is the Blue Plate Special, as in BP Special, referring to seafood dishes not so available, such as oysters or deep sea fish.

Crawfish around Bay Saint Louis are plentiful, thankfully, at $1.39 a pound. Families along the bay found full crab nets. For now.

Everyone’s wondering aloud when the oil will wash ashore. They talk about the loop current that moves the oil off the coast of Louisiana toward Alabama and Florida. They talk about divine intervention and being spared more heartache. They worry about the coastal environment and lost jobs in the oil fields with no solutions in sight.

The clean sand under my feet feels like sacred ground as clear brackish water gently laps onto shore. I stand in knee-deep water and see my feet. The gulf breeze moves the thick, sticky air and cools my skin. Every white shell, pelican, heron, gator, butterfly and fish I see is a precious gift. So nice, this normalcy.

We go out in the boat. After awhile, we turn into the Jordan River and pull up to a patch of beach. I take a dip with my brother, then we have cold drinks in our comfortable silence. Just like we always do.

My brother Steve shows me his new favorite spot to catch bass and some especially large nests with families of eagles and ospreys. We’re next to a boat washed onto the marsh, another one of Katrina’s lingering ghosts.

His job title is drilling materials specialist in Port Fourchon, La. He goes into detail about the new plans for rigs. He’s doubtful existing rigs can be retrofitted with new blowout preventers. He likens it to retrofitting every truck in America with an additional axle and two more wheels. It’s not likely to help because the truck wasn’t manufactured that way.

I let the water from a boat’s wake wash over me.

Later, I walk on the beach and meet some BP contractors deployed to clean up the oil spill. They’re sitting under a canopy or picking up trash. They ask if I’m stopping by to join them in the shade. No oil here, they say, but some signs around the bend.

The smells of the swamp remain familiar. Sounds of life surround us, the volume rising as the sun drops.

But that oil keeps spewing and it’s not so far away.

What will Bay Saint Louis look like when I return?

Katrina left its ugly mark, but Bay Saint Louis is once again picturesque, sleepy and easy. And it’s beautiful.

For now.

According to public records, Castle Rock-based Hudick Excavating Inc.’s foreclosure lien is for $1,395,869.33 plus interest. Colorado Springs-based Redstone’s lien is $898,959.39; Salida’s Lowry Contracting’s is $21,356.74. Salida’s Mountain Engineering and Testing Inc.’s lien is $7,100.54; Colorado Springs’ Golf Enviro Systems Inc. has extended time to file a lien, along with Colorado Golf & Turf of Littleton and HD Supply Waterworks of Henderson. Springs-based Green Belt Turf Farm’s owner wrote out his lien by hand for $76,455.06. And more liens may surface.

All but two Friend Ranch homesites that were purchased outright are encumbered by the liens, having no clear title.

Friend Ranch Investors Group’s paper trail of multiple amendments to deeds is dizzying. In short Colorado Capital Bank’s loan amounts for the 600-acre golf community, two miles west of Poncha Springs, increased to $11 million by October 2008. Another $2.2 million loan from lender Tomar Development was made in June 2009 to Friend Ranch Investors Group, managed by Richard Chick. The property for the development is owned by longtime ranchers, the Friend family.  This property is collateral for the loans.

The situation is becoming more complicated, and the implications for the town of Poncha Springs are yet to be determined. For example, Hudick names a number of defendants in its foreclosure notice, including Redstone Inc. and the “public trustee of Chaffee County.”

‘TIMING HAS NOT BEEN GREAT’

Chick has said publicly that he is reorganizing the project’s financial and ownership structure. “The timing has not been great,” Chick said.

Chick said the three years spent getting the project approved “took us to the brink of the worst recession the United States has ever had.”

The Friend Ranch website describes the development as being near “the purist part of the Colorado Rockies” and the master plan as being “expertly created.” The vision for the 18-hole golf club includes a driving range, practice area, clubhouse, pool, spa, fitness center and tennis courts.

Chick said of the entire development, the property is platted for 109 duplex lots with ground entitled for a 135-room hotel.

The Friend Ranch website also shows a map with red dots, indicating homesites under contract. Chick said there are 24 single-family lots under contract and one has closed; 41 duplex lots are under contract, with one closed.

Deposits on single-family lots are nonrefundable and significant at 20 percent of the listing price. The lots listed range from $119,000.00 to $520,000.00. Those under contract were less expensive at $75,000.00 to $320,000.00.

For infrastructure, Chick said Boon Drive Loop and roads that spur off are completed with an “all-season surface,” not yet paved. Six holes on the course are done, flags marking them flap in the afternoon wind. Work on the lake is finished. In the spring he hopes the development’s water and sewer lines will connect with Poncha Springs, the water tank will be placed and other utilities will be installed, Chick said.

“I’m hopeful,” said Chick, who has a homesite at Friend Ranch. “Progress has been made and we’ll get to the finish line.”

PONCHA SPRINGS GAINS A LOT WITH A LIEN

On Monday night, Chick discussed a quitclaim deed dated Feb. 1, 2010 with Poncha Springs town trustees at its regular meeting. Friend Ranch agreed to give an acre-plus lot to Poncha Springs to use as a maintenance facility or a package sewer plant. But this piece, Lot Y, is encumbered by the liens.

When asked about this, Poncha Springs Town Administrator Jerry L’Estrange said: “They’re working on a restructuring package. The liens are there because the cash flow isn’t there. When that is solved, the liens are solved.

“By the time the town is ready to develop, the liens could be a thing of the past,” L’Estrange added. “We would hope it’s a thing of the past.”

It’s a wonder that Poncha Springs ever gave Friend Ranch the green light. Poncha Springs’ voter-approved Comprehensive Plan adopted in September 1998 clearly states on Page 33, Policy CCG-24 that the town “shall not permit any ‘flagpole annexation.‘ ” This was about eight years before plans for Friend Ranch, a flagpole annexation, were unveiled.

Chris Duerkson is a land use attorney with more than 30 years experience and is managing director of Clarion Associates, a Colorado-based zoning and planning consulting firm.

He lives near Friend Ranch and opposed the annexation from the beginning. He wrote in a letter to the Board of Trustees in July 2007 that the development “continues to have numerous and serious environmental, water supply, infrastructure, drainage, water quality, wildlife habitat, geotechnical and other problems.”

He went on to write that Poncha’s “ordinances and regulations are modest at best and do not adequately cover these issues.”

In an email Duerkson said he had equally serious concerns about “flimsy financial projections used to justify the development.” He said the residential and commercial land sales projections were “wildly inflated by the town’s consultants and swallowed unquestionly by town officials.”

Water could also be problematic. Local landowners and ranchers have voiced concern over the development’s impact on surface and groundwater. The issue revolves around proposed ditch crossings and long-term effects of dewatering parts of the development. But that’s another story.

Courtesy aerial photo of Friend Ranch.

PROPERTY IS A BEAUTY

It’s quiet at Friend Ranch, a pretty piece of property along County Road 210. The surrounding mountains are nicely dusted with flurries. Snow covering homesites glistens in the day’s last light.

The large welcome signs from summer are down. Evidence of work that stopped is scattered about like unfulfilled dreams – mounds of dirt and gravel, a lone concrete-poured basement, landscape fabric curving through the course.

Jay Benson of Redstone Inc. started construction on Friend Ranch’s golf course. Benson’s built more than 20 courses, including the Rio Grande Club, The Ridge at Castle Pines and Southwind Country Club in Kansas, according to Friend Ranch’s website.

Benson said he knows the original ownership has gotten into financial trouble and there’s a new group working with the existing bank to find a solution. “It’s a work-out situation,” he said. “This project, if done correctly, could have a happy ending. There are people looking to take over projects. This project is fixable. It was a perfect storm of the banking industry and the market.”

Benson said he’ll finish the course if the project moves forward and if they ask him. But “I wouldn’t come do it if I didn’t get paid,” he said. “I’ve done that once.”

* Watch this story unfold at SalidaCitizen.com. It’s the start of an occasional series that will explain how this situation came to be.

As you’re leaving Poncha Springs, heading up towards Monarch, look off to your left. You will see the start of the golf course,. The project runs parallel to highway 50. -Ed

Images, symbols and metaphors of time and money, love and peace, despair, hope and faith fill his workshop, covering the walls and tables, filling drawers and shining  up from the floor.

Descant’s plan is to offer free art that he’ll create on the spot with recycled materials on Sat., Feb. 13, noon to 4 p.m. at cultureclash in downtown Salida. He hopes to engage guests on the economy, where we are as a community and how it feels to give something away.

The word free has many connotations. Exactly how much does it cost to be free?

Since the economic downturn in 2009, Descant said: “I found myself in a capitalist trap, forcing and trying to make something happen. A lot of things were disappointing me. I messed up a couple of situations, business-wise, art relationships.”

Descant said he was “getting too anxious, not seeing the bigger picture and being too intense.”

The strategy for his state of mind is the same as his event – just let it go and give it away. He wants to get people downtown and stimulate business.

Descant will also have a donation jar set up with proceeds divided equally between Chaffee People’s Clinic and Doctors without Borders (Medecins sans Frontieres), reaching out locally and globally.

Descant has warm feelings toward both organizations. As an uninsured artist, he’s used the services of the People’s Clinic. And he understands too well the work and value of Doctors without Borders in Haiti.

Something shifted for Descant while watching images of Haiti ravaged by the January earthquake. Haiti’s history is inextricably linked to New Orleans, Descant’s hometown, both places known for cultural riches rather than wealth. Seeing the devastation in Haiti gave Descant flashbacks about his return to New Orleans after Hurricane Katrina in August of 2005.

As residents tried to return, they found their city under martial law. Negotiating with military personnel at the checkpoints was “one of the freakiest feelings ever, ” Descant said. And “get out before it gets dark!”

The outpouring of support after Katrina led Descant to where he is now. He received multiple grants and commissions, allowing him to buy tools and get back to work. He settled in Salida and showed his art at a coveted booth at the Jazz and Heritage Festival in New Orleans and the Cherry Creek Arts Festival in Denver.

GETTING TO THE OTHER SIDE

Now that funding has dwindled, Descant’s considering what’s next and how to get to other side. He does have shows lined up this summer, some of them political. During this transitional and dead art-buying time, Descant decided he’s “giving it back and investing in the world instead of trying to fight for a buck.”

He’s also encouraging locals to put unwanted items curbside on Sat., Feb. 13 with a sign saying FREE. It’s the perfect time to get rid of that charming but oversized  lemon-lime chair or pants that look a little too much like your grandmother’s curtains.

SalidaCitizen.com took this idea a step further and asked the city to proclaim this day Give Something Away Day. Because the next City Council meeting is Tues., Feb. 16 the timing didn’t work, but the city did list the day on its website.

Marilyn Laverty is the director of the Small Business Development Center in Salida, which serves seven counties, offering free consulting to help businesses achieve their goals. She likes the idea of residents giving away an item, a poem or an act of service. “It creates a buzz,” Laverty said.

“The momentum starts with what can I give rather than what can I take,” she said. “One is prosperity and the other is scarcity.”

The concept of giving things away piggybacks on grassroots groups such as The Freecycle Network, a nonprofit gifting movement intending to reduce waste, save precious resources and ease the burden on landfills. Locals give and get stuff for free in their own towns. No money can be exchanged and there’s no charge to be a member. Freecycle currently has 6,940,000 members across the globe with its motto “changing the world one gift at a time.”

And giving away previously loved items can be, well, freeing. Yoga philosophy has a lot to say about letting go of material things and negative emotions that do not serve us. The Sanskrit word is aparigraha, translated as non-possessiveness. It’s part of the yogic path toward enlightenment.

TIME TO PAY IT FORWARD

During times of uncertainly, it’s understandable that many of us are soul-searching, questioning our lifestyles, intentions, directions and places in our community and our world. The idea of paying it forward feels appropriate.

History shows that events in our time our cyclical and turn around. New Orleans is a prime example. Lake Pontchartrain flooded most of the city after Katrina. Now there’s a tide of emotion rising as long-suffering, loyal Saints fans see their team en route to the Superbowl. In a city where heartrending Katrina images were shown around the world, many residents are now over the moon and partying – a lot.

Salida resident Louella Pizzuti founded the volunteer-run Stone Soup Cafe, which serves free soup to guests of all ages, from all socioeconomic levels. People who aren’t likely to meet each other are “rubbing elbows and sharing bread,” Pizzuti said. The event is at noon on Mondays at the First Presbyterian Church.

Pizzuti said running the cafe “just makes me feel good.” “I get grumpy but when I focus on helping other people, I forget how grumpy I was and it makes me happy,” she added.

Lucy Whittington, 8, and her sister, Hallie, 11, volunteer at the cafe when they’re off school on Mondays and in the summer. Lucy likes it because “it’s fun.” Hallie said, “A lot of people come we know.”

Descant is pumped about his free art event. “I’m going to do this thing,” he said. “If anyone wants to be involved that’s great. If I didn’t have a venue, I’d do it on the street.”

* Let us know about other free things or events in Salida that inspire you.

“We want the state to get in and regulate,” said Cleary, who was shocked by the bold approach. His Tenderfoot Health Collective, co-owned with at least one other local investor, will open at the corner of Highway 50 and Highway 291.

While state lawmakers hammer out more restrictive legislation, up to six local medical-marijuana businesses are open or soon will be. Hometown Apothecary opened Thursday on Highway 50, west of F Street. With Medical 420 down the road and Tenderfoot Health Collective, this makes three dispensaries so far on Highway 50.

High Country Caregiving operates without retail space, Grass Rootz has opened on Highway 291 on the east side of town and at least one other caregiver is looking for commercial space.

By Salida standards, this industry is expanding dramatically and until there’s precise, intelligent regulation, it’s all a bit hazy. Meanwhile, dispensary owners are free to define how their businesses should look, within the limits of the law.

Cleary, a former restaurant owner, relocated from Cincinnati to Salida for family reasons. His business is taking a wellness approach and donating 10 percent of the profits to local charities. Locally made medical-marijuana baked goods for qualified patients will be available, along with a separate area open to the public for massages, nutritional counseling and a sunny community room for classes.  His dispensary will be one of the first businesses drivers see approaching the east end of town, making it a gateway into Salida.

Cancer survivor Brandon Chamblee’s personal journey has brought him to his new business, Hometown Apothecary. Chamblee endured rounds of biochemotherapy and has undergone six surgeries, including two craniotomies, to fight the spread of melanoma. Chamblee worked with a doctor of Chinese medicine and herbalist on therapies that would complement his treatments and stimulate his immune system. Medical marijuana was recommended as part of his regimen.

“We want to encourage people to integrate wellness into their lives,” said Hale Chamblee, co-owner of Hometown Apothecary.

Ed Leach’s High Country Caregiving is all about discretion. Leach says he’s focused on a closer patient-caregiver relationship. He won’t open a dispensary. Beyond providing medical marijuana, he offers holistic services, such as information on body workers, nutrition and toxicity levels in homes. Leach helps patients who don’t have any experience with marijuana, holding their hands, showing them how to ingest it. “For a lot of people, (medical marijuana) is a miracle,” Leach said. For others, “it’s part of larger piece of the puzzle.”

Risky business until new bills become law

Opening a new business is always risky, but the stakes are higher in this industry, which has seen hundreds of dispensaries open around the state. New regulations  may not necessarily favor retail dispensaries. “All we can do is keep ourselves updated,” said Hale Chamblee.

Colorado voters legalized marijuana for medicinal use in 2000 with the passage of Amendment 20.

Federal law prohibits medical marijuana but state law allows it. Amendment 20 did not spell out guidelines for distribution, although language indicates it may allow distribution in Article 14, 2d. There are no state regulations that control dispensaries, beyond the number of plants allowed per registered patient and the requirement of state taxes.

The city doesn’t have much to do beyond confirming zoning as C-1. Dispensaries are not allowed within 500 feet of a school. There is no city application process.

Some lawmakers feel that since the Obama administration in March urged law enforcement to end raids of dispensaries in states that allow medical-grade marijuana, the dispensary scene has run amok.

On Wednesday, the state Health Department told the budget committee it needs $186,000.000 more to hire temporary workers to process the backlog of medical-marijuana applicants. An estimated 5,000 new applications are coming in per month, and applicants pay $90 a year.

Two bills are in the works to regulate medical marijuana in Colorado. Sen. Chris Romer,  D-Denver, introduced Senate Bill 109 that would create stricter requirements for the relationship between patients seeking marijuana and the doctors recommending it to them.

The bill would bar marijuana providers from paying doctors who recommend pot to patients, would require marijuana-recommending doctors to be in good standing with no restrictions on their licenses, and would require the doctor and patient to have a “bona fide” relationship in which the doctor provides the patient a full examination and follow-up treatment. The bill would also require any non-veteran under age 21 seeking a prescription to go before a new review board.

Romer’s bill likely needs some tweaking as it stands to put government between the doctor and patient. For the most part, the state Health Department supports this bill. Gov. Bill Ritter does too.

Rep. Tom Massey, R-Poncha Springs, will introduce a more controversial bill later in the session. Massey’s bill, supported by law enforcement, would limit the number of patients a marijuana provider could serve to five and, essentially, outlaw marijuana dispensaries. If this bill were to pass, it’s unlikely dispensaries could profit, thereby killing the industry.

Romer has said he’d work to turn dispensaries into regulated clinics rather than limit suppliers.

Sen. Gail Schwartz, District 5, supports more regulation for dispensaries. “We need adequate oversight,” Schwartz said. The number of dispensary openings concerns her that there is some illegal activity going on, as well as the smaller number of doctors writing a lot of prescriptions. She wants to see the industry “get back to the original intent,” which is to provide prescriptions for  qualified patients.

The question remains, how to do this?

Cleary, who says he doesn’t use pot, would like to see the state do a better job of tracking the industry. For example, there’s a loophole in the law that allows patients to shop at multiple dispensaries. Dispensaries grow plants under law as caregivers, but if a patient approaches a different caregiver for medicine, this makes it illegal for the first caregiver, Cleary says, by throwing off the number of plants allowed by law.

Cleary can live with stiffer taxes and action that would eliminate illegal pot dealings on the street. Top-quality sinsemilla sells for upward of $500 an ounce on the black market. “How would they not want to tax the largest cash crop in America?” Cleary said. “Makes no sense to me.”

Marijuana cultivation more sophisticated than in ’70s

Author Michael Pollan considers how marijuana cultivation became more sophisticated as it went underground during the drug war in the 1980s in “The Botany of Desire, A Plant’s-Eye View of the World.” He looks at marijuana evolving to intoxicate and, in the process, alleviating nausea and pain with its specific strains.

Pollan asks the question, what if pot has evolved to gratify certain human desires so humans will help the plants multiply?

He writes that humans desire transcendence and some plants have the power “to transcend the here and now.”

Marijuana is much stronger now than it was decades ago. Tetrahydrocannabinol, or THC, is the principal psychoactive compound in marijuana. According to the Potency Monitoring Project at the University of Mississippi, the THC content of commercial-grade marijuana increased from an average of 3.71 percent in 1985 to 5.57 percent in 1998. The average THC content of U.S.-produced sinsemilla increased from 3.2 percent in 1977 to 12.8 percent in 1997.

Leadville voters may see legal pot on 2010 ballot

Breckenridge and Denver decriminalized adult possession of under an ounce of marijuana. Leadville voters may decide to decriminalize marijuana in the November election.

Kenny Karolchik-Griffin, who calls himself a Ron Paul Republican, asked the Leadville City Council this week to change its code, decriminalizing pot. Council directed staff to draft language for a 2010 ballot resolution.

When Colorado’s medical-marijuana registry was last updated Sept. 30, 2009, 17,356 state residents held valid identification cards. Severe pain is a reported condition for 90 percent of all registrants. Fifty-four patients live in Chaffee County.

The other states that permit medical use of marijuana are Alaska, California, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.

The board told the water group to choose its primary representative from two members with notably dissimilar backgrounds.

This influential representative will be either a conservationist or a rancher.

The choice is between Buena Vista resident Reed Dils and Frank McMurry of Nathrop. Dils serves on the Colorado Water Conservation Board, the Southeastern Colorado Water Conservation District and the Arkansas River Basin Roundtable.

Frank McMurry is a fourth-generation rancher who owns water rights, and sold some with property to Nestlé Waters North America. Nestle will draw 65 million gallons a year from an aquifer, pipe it to Johnson Village, then truck it to a Denver bottling facility.

The motion passed 2-1 to accept a slate of focus group representatives to serve on the committee. Commissioner Tim Glenn, District 3, and Commissioner Dennis Giese, District 1, voted in favor and Chairman of the Board Commissioner Frank Holman, District 2, dissented. “I would really like the water committee to make their own decision,” Holman said, as to who should be on the short list of representatives.

The position of primary rep, or spokesperson, carries some weight. A spokesperson and alternate will represent each group, ranging from real estate and development to heritage. Alternates are encouraged to attend meetings but their involvement would be minimal compared to the spokesperson’s.

The eventual committee will be composed of Chaffee County Citizen’s Land Use Roundtable focus group representatives. The committee’s purpose is to implement the roundtable’s recommendations and revise the code, creating workable planning and zoning regulations. The roundtable’s work took more than two years to come to consensus.

County planner Kim Antonucci urged the board on Tuesday to formalize code-advisory committee members. “There is some urgency here,” Antonucci said. “From a planning perspective, our code is horrendous. I’ve been here two years and I still have questions that I cannot answer with 100 percent confidence.”

Water group leader changes multiple times

Jeanne Foster, a member of the water group, said that there wasn’t a clear consensus as to who should be representatives, and that she, McMurry and Dils were all interested.

Glenn spoke in favor of Dils, noting that Dils was the only member who applied by the Aug. 12, 2009 deadline to be a representative. Dils brings a useful perspective with his conservation work and involvement on a state water conservation board, Glenn said. Other members of the commission, specifically Nancy Roberts and Bruce Cogan, could adequately represent agricultural interests, he said.

The water protection group has seen some flip-flopping as to who will be spokesperson. The name listed first on the county’s website is the spokesperson expected to be confirmed. In the fall Dils was listed first as spokesperson on the website. Then McMurry was listed first in early December. Now Dils is listed again. At this point, it’s unclear who will eventually speak for the water protection group.

Seven months, so far, to form committee

Commissioners have been criticized for taking too long to formalize this committee, seven months so far, with the decision tabled at the December board meeting.

Keith Baker, primary representative for the sustainable growth focus group, said: “Mr. Dils met the application deadline and has unrivaled credentials on water issues. It isn’t as if the only applicant was unqualified and the deadline needed to be extended. Under my personal value system, Mr. Dils should be chosen for the water position. Mr. McMurry, who is indeed well-qualified on water topics, should be appointed if he was the only applicant who had applied on time.”

County planners will write an initial land-use code draft based on the Colorado Department of Local Affairs model template and incorporate their interpretations of the roundtable results. This work is expected to be completed in mid-February. The land-use advisory commission will then weigh in, and the hope is the work will wrap up by June.

Forming the committee is the last step in an almost 10-year process to revise the land-use code. Currently, the land-use code is unclear, conflicting and hinders smart development. The committee will work with the Planning Commission and county staffers.

Until a decisive land-use code is finalized, the subdivision review process presents the greatest challenge. There are conflicts going back to previous zoning and subdivision regulations that stood alone but referred to each other. Basically, the two were treated separately and as subdivision requirements evolved and changed, the zoning did not.

County land use Articles 3 and 7, zoning and standards, are the most controversial. “Those two articles are the ones that we want the committee to review carefully,” she said.

Much of the land-use code is self-referential as language in one section cites language elsewhere. The entire code needs to be examined as part of the same process, Antonucci said.

Code Advisory Committee

Real Estate & Dev: Karin Adams, Mike Allen
Production Agriculture: Bruce Cogan, Nancy Roberts
Water Protection: Reed Dils, Frank McMurry
Sustainable Growth: Keith Baker, Kathy McCoy
Commercial & Industrial: Rick Shovald, Tom Eve
Heritage: Cheryl Brown-Kovacic, Melanie Roth
Government: Dara MacDonald, Dee Miller

But no one’s position is certain on the Code Advisory Committee until at least Jan. 5, as commissioners tabled the move on Tuesday to formalize and define the committee’s role.

The eventual committee will be composed of Chaffee County Citizen’s Land Use Roundtable focus group representatives. A spokesperson and alternate will represent each group, ranging from real estate and development to heritage. Alternates are encouraged to attend meetings but their involvement would be minimal compared to the spokesperson’s. The committee’s purpose is to implement the roundtable’s recommendations and revise the code, creating workable planning and zoning regulations. The roundtable’s work took more than two years to come to consensus.

The water protection group has seen some flip-flopping as to who will be the spokesperson. Buena Vista resident Reed Dils is the only candidate who applied by the Aug. 12, 2009 deadline, and is currently listed as the spokesperson. But earlier in the month it was Frank McMurry of Nathrop.

Dils serves on the Colorado Water Conservation Board, the Southeastern Colorado Water Conservation District and the Arkansas River Basin Roundtable.

McMurry is a fourth-generation rancher who owns water rights, and sold some with property to Nestlé Waters North America. Nestle will draw 65 million gallons a year from an aquifer, pipe it to Johnson Village, then truck it to a Denver bottling facility.

County commissioners decided to accept late-comers McMurry and, later, local geologist Fred Henderson as applicants to be spokesperson and alternate. This was because “Dils was the only applicant,” said Chairman of the Board Commissioner Frank Holman, District 2. “There’s support to make this choice and I honored that.”

The water group was polled and decided McMurry and Henderson would represent the group. Then it was decided Dils should become spokesperson because he was the only rep who made the deadline, starting at the beginning.

But it’s not over. Dils may not necessarily remain the water group’s spokesperson.

“In all fairness I may send it back to committee,” Holman said, meaning the water focus group may have to recommend reps once again.

County government lacks transparency

Chaffee County’s business could be much more transparent. Minutes from meetings are not posted on the county’s website, so it’s challenging to keep up with what’s going on. County attorney Jenny Davis said there’s “not a legal reason” why the minutes aren’t posted for public viewing.

Chaffee County Clerk and Recorder Joyce Reno said citizens are able to receive a copy of “approved minutes with a written request.” But commissioners have not yet approved minutes from August meetings. Holman said this is because of all the time spent on the Nestlé deal.

The new City and County Community Services Complex at the old hospital site will be set up for televised meetings. Commissioner Tim Glenn, District 3, said he’s open to having the meetings filmed but doesn’t want to pay for it. Holman said seeing meetings on TV would be like “watching paint dry.”

Decision tabled over undisclosed concerns

Commissioner Dennis Giese, District 1, made the move to table the agenda of formalizing the committee’s membership. Giese said he “had concerns” and wanted to speak first, privately, with the other commissioners. Holman concurred, saying he didn’t “have an issue with waiting until Jan. 5.”

But Glenn opposed the move, saying he didn’t see “the purpose of prolonging issues.” “We’ve put it off far too long,” Glenn said.

Later, Holman said tabling the code advisory agenda is “not at all” a stall tactic. “I want to get this thing right rather than rush through it,” he said. “When we’re done, I want this to be something we all support.”

When asked about the chance of spokespersons mobilizing against the recommendations, he said, “I won’t let that happen. If so, I will replace them. It has to be successful.”

Existing land-use code hinders smart development

Forming the committee is the last step in an almost 10-year process to revise the land-use code. Currently, the land-use code is unclear, conflicting and hinders smart development. The committee will work with the Planning Commission and county staffers.

Until a decisive land-use code is finalized, the subdivision review process presents the greatest challenge. There are conflicts going back to previous zoning and subdivision regulations that stood alone but referred to each other. Basically, the two were treated separately and as subdivision requirements evolved and changed, the zoning did not.

Melanie Roth, an alternate for the heritage group, said she’s been involved since the first hearings and would like to see the process progress. There’s been a tremendous amount of time put in by staffers, citizens and the Planning Commission, Roth said. There’s “such a foundation for revising county zoning, it would be a terrible shame to waste all of that,” she said. “It’s a workable thing.”

Almost 17,000 residents live in Chaffee County, according to U.S. Census Bureau estimates from 2008, yet only a handful of citizens and a couple of reporters attended the meeting on Tuesday in Buena Vista. This is understandable, as many residents work full-time. Yet, decisions made at these meetings will significantly impact future growth.

At least one citizen at the planning meeting was disappointed the committee work was tabled. Keith Krebs, a licensed architect new to the area, said he’s late getting in on the process. “I plan on participating,” Krebs said.

By Ann Marie Swan

Cloud City Compassionate Care, Leadville’s first medical-marijuana dispensary, is easy to pass up. It’s located in a nondescript dull, brown building with one sign on the side. But walking through the door, the pungent scent assures me this is indeed the place.

About eight cannabis patients visited the dispensary within two hours on a recent afternoon, sitting in the paneled waiting room, watching a muted TV, listening to Reggae playing softly in the background. One of the three owners has an American pit bull terrier, Stitch, who moves through the room, getting stroked hello. Some patients talked quietly, others didn’t.

The clinic at Poplar and East Eleventh is about 150 yards from a large sign that reads, “We (heart) Leadville – great living at 10,200.”

The low-key look is intentional. “We didn’t want to throw it on Main,” said owner Dan Berggren. “We don’t want to flaunt medical marijuana. It’s only for registered Colorado patients.”

Colorado voters legalized marijuana for medicinal use in 2000 with the passage of Amendment 20.  And being fairly close to Salida, Compassionate Care sees its share of medical pot patients from our town. Salida’s first medical marijuana dispensary, Medical 420, opened on Saturday. And a medical cannabis retreat has opened in Crestone, High Valley Healing Center.

The Obama administration in March urged ending most dispensary raids. For the most part, law-enforcement agencies have let the dispensaries be. This is possibly because Amendment 20 suggests that authorities would have to continue cultivating any marijuana plants seized from dispensaries or grow facilities until a conviction in court is obtained.

Berggren sees this as a relief for law enforcement, as well, and says police officers are sick of “kicking in doors of legal operations.”

“That’s someone’s medicine,” Berggren said.

The Leadville dispensary, the first in Lake County, has been open since October. And the business is growing like a, well, you know. Berggren brushes open the accordion file of patient forms that will likely need to be updated to a full-size file cabinet soon. Neighbors have been “awesome,” and the only problem concerns parking in the tight space. “We’re just a business,” Berggren said with a shrug.

And it may be, but this uncharted commerce is creating its own infrastructure. Dispensaries are spending money around town on security systems, legal consultations, insurance policies and bakers, for example.

Clinic aims to be considerate of neighbors

Compassionate Care owners would not allow their plants to be photographed. Owner Josh Sodic feels published images of pot plants at their dispensary could offend some locals. Berggren did, however, show a marijuana seed menu with varieties they sell for different ailments. Jack’s Cleaner II is a potent strain “good for extreme pain and increasing appetite,” with an advisory that it’s not for occasional smokers. Querkle is “good for sleep and relaxing,” with the “lemon berry taste of sour grape gum.”

For patients who would rather eat than smoke cannabis, there are a variety of baked goods. Some are gluten-free, sealed and smartly packaged, baked in a Food and Drug Administration-approved kitchen.

The owners say the clinic is is on good terms with the community. Sodic says he can trace his Leadville heritage back generations and wants to be considerate of those with different viewpoints about medical marijuana. Clinic owners emphasize they want to coexist respectfully with neighbors and are in the business for the long haul. Unlike some Front Range dispensaries, Sodic said, “We’re not trying to get rich. Not here for six months, then kill this. We’re here to help.”

Colorado Attorney General John Suthers recently said the state can collect sales tax on medical marijuana. Suthers also wants to see dispensaries obtain retail sales licenses. Berggren didn’t have the numbers handy, but says the clinic will certainly pay a lot of taxes after its successful start. Owner Daniel Pedrow said on the phone that the clinic has been “well-received.”

Competition is coming to town, as a new dispensary is set to open on East Seventh Street in Leadville. But Compassionate Care owners aren’t worried. “Our product is top-notch,” Berggren said, who inspects his cannabis under a microscope. It’s locally grown and “word of mouth and quality is all you need in this biz.”

The street price for marijuana is about $100.00 for a quarter of an ounce and $50.00 for an eighth. Berggren says patients who have selected him and his partners as caregivers pay less than the street price. The clinic also offers some free medicine each month for patients who are members, he said.

Some locals oppose dispensaries

Not everyone is happy about dispensaries in Leadville. One local wrote to the Leadville Herald in October concerned about the “moral decline” as a second dispensary planned to open on East Seventh Street. Building owners Kevin and Susan Neadeau defended their position in the paper’s letters section, writing that their building has been vacant for almost a year and “the county would benefit with a tax-paying business in the location instead of an empty building.” The Neadeaus  also wrote that “a prospective tenant wants to use it to run a legal business.”

Leadville’s City Council approved a conditional use permit for the location last week, with one condition being the sign not have the words “marijuana, pot or high.” Leadville has since imposed a moratorium on any more applications for medical-marijuana dispensaries.

One worry for municipalities is that stoners without medical conditions will find a way into the clinic to buy pot legally. An argument is that habitual pot smokers become anxious if they don’t smoke, thereby, becoming patients who battle anxiety. One patient, Tim Hanson of Leadville, says he’s seen Compassionate Care turn away people who didn’t meet the state’s requirements.

“How do we properly dispense and distribute?”

There is some murky area and risk involved for dispensary owners, as federal law prohibits medical marijuana but state law allows it. Amendment 20 did not spell out guidelines for distribution, although language indicates it may allow distribution in Article 14, 2d. [3] And distribution is the key word.

Cloud City Compassionate Care's owners Dan Berggren, left, and Josh Sodic wait for patients at their Leadville clinic, Lake County's first medical-marijuana dispensary. A third owner is Daniel Pedrow.

There are no state regulations that control dispensaries, beyond the number of plants allowed per registered patient and the requirement of state taxes. It’s often safer for patients to buy pot from dispensaries, rather then attract burglars by growing it at home.

“It’s a myth that distribution is illegal,” said Dan Pope, volunteer patient outreach coordinator at Sensible Colorado, a marijuana-advocacy group. “How do we properly dispense and distribute? The constitution allows it but the legal framework is yet to be determined.”

Pope, a patient and caregiver with muscular dystrophy, was a plaintiff in a 2007 case when the state tried to limit five patients per caregiver. Pope was denied, then sued the state. A settlement was reached with the state required to inform all patients and caregivers when rules changed.

Next, a Colorado Board of Health decision in July 2009 did not limit the number of patients that medical-marijuana dispensaries can have. It also defined a caregiver as someone who provides medical marijuana to patients.

That definition became questionable when the Colorado Court of Appeals upheld the conviction of a medical-marijuana grower, saying that caregivers must have more meaningful contact with patients than just supplying them with marijuana.

The ruling caused the Board of Health to call an emergency meeting Nov. 3, at which it struck its most recent definition of caregiver, throwing the industry into more uncertainty.

On Nov. 10, Chief Denver District Judge Larry Naves invalidated the Board of Health’s actions for changing medical-marijuana rules without providing adequate notice to patients. The Board of Health’s hearing was deemed in violation of Colorado Open Meetings Laws and the outcome of the 2007 ruling that patients and caregivers must be informed when rules change.

Pope said a business model of a dispensary is needed that is in “unambiguous compliance with state law.” Federal resources will not pursue those dispensaries, he says.

On Sat., Dec. 19, Sensible Colorado and allies will host a stakeholder meeting to craft a unified legislative agenda for 2010. Berggren said he’ll be involved to “put this gray area aside, then there are no questions.”

If a different administration is elected that urges the Drug Enforcement Administration to raid dispensaries, the industry could go up in smoke. But Compassionate Care owners aren’t worried. Colorado is one of 14 states that legalized the use of marijuana for medical use. Seventeen states have it on the November 2010 ballot. Sodic says the medical marijuana cause is “going so far forward, I don’t think people would let it happen.”

Breckenridge and Denver decriminalized adult possession of under an ounce of marijuana.

Sodic and Berggren talk about Americans from all walks of life who medicate with cannabis. Patients undering chemo, living with everything from lupus to rods in their spine. Many are suffering from side-effects from prescribed pharmaceuticals. “We’re for the people, by the people,” Sodic said.

Compassionate Care owners are caregivers and patients, as well. They’ve done their research, driving to the Front Range to check out dispensaries. Some clinics were shady. After sampling product that was pricey and ineffective as medicine, they were inspired to open their own clinic. They approached the city and law enforcement with their ideas and plan. “We wanted the town to know,” said Berggren, who became a patient after struggling with injuries from extreme sports.  “I don’t want trouble.”

Pot patient’s personal process

Hanson, 42, is a registered, card-carrying cannabis patient at Compassionate Care and uses marijuana to sleep and gain weight. He credits medical marijuana with helping him build his health and strength to get off Phentanol and Oxycontin that were prescribed to treat dejenerative disc disease.

Hanson has been through seven surgeries, most on his neck. He’s been prescribed heavy painkillers and other drugs for years, including Opana, Norco and Soma. “How good of a dad could I be?” said Hanson, who has a 13-year-old son.

This drug combination completely kills his appetite, and he can’t eat. At 6 feet 2 inches tall, he feels healthiest at about 190 pounds. But his weight can plummet to as low as 148 pounds. He eats or smokes pot in the evening to stimulate his appetite and sleep through the night. By getting a handle on his weight, he gained strength for the battle of not taking the heaviest narcotics, which were horrible, he said.

Medical marijiuana “saved my life,” he said.

Hanson says he knew he had to stop taking hard-core narcotics when he passed out while driving to the West Coast, a result of the drugs. He’s tried Marinol, the pharmaceutical drug with THC, but it didn’t work for him. “I got headaches from the other ingredients,” said Hanson, a former river guide who loved Colorado’s outdoor sports.

He registered to be a cannabis patient six months ago but his boy doesn’t know. “I’m nervous,” Hanson said. “When the day comes, I’ll explain it.”

Despite everything that Hanson has been through, “He’s got nothing but love,” said Berggren.

Hanson has struggled with the thought of being on a registered list as a patient using medical marijuana. And it’s not just some patients who don’t want to be on a list. Doctors don’t either. One of Hanson’s doctors asked him to seek out a different physician because he didn’t want to be “on the list” of those prescribing medical marijuana. Hanson’s former primary care physician opposes medical marijuana but “she’ll pump me with Oxycontin,” Hanson said.

This has helped create a market on the Front Range, where doctors can charge up to $400.00 for a visit and prescription. Hanson says the only crime in the medical-marijuana system is the “crooked doctors getting away with this.”

Dr. Paul Ammatelli, former chief of staff at Heart of the Rockies Regional Medical Center, says he understands why some medical doctors would be hesitant to write a prescription for medical marijuana as they are still finding their comfort zones. The culture of Western medicine is “slow moving and conservative,” said Ammatelli, who is practicing at Sacred Heart Hospital in Spokane, Wash.

The medical-marijuana system is “a newer model and regs are still being worked out,” he said.

Ammatelli knows of a dispensary in the Spokane area that was recently shut down.

Malpractice lawsuits are serious concerns for physicians who are trying to do right by the patient, so it’s important that they are “in bounds,” he said. Physicians may not want to be on the front edge. “They don’t want to be pigeonholed as the doc to go to for marijuana,” Ammatelli explained.

However, “it doesn’t mean they won’t see it through,” said Ammatelli, who practiced medicine in rural Colorado for 15 years. “At the federal level, we’re redesigning health care. I worry more about the adverse health effects of excessive tobacco and alcohol compared with marijuana. I can envision a day, not too far off, when medical marijuana can take its place alongside other controlled substances prescribed by doctors.”

But that’s likely fine with owner Hank Brassea of Florence because he’s in Salida for the opportunity, he says. “People are jumping on the bandwagon,” Brassea said, as the medical-marijuana industry grows dramatically in Colorado.

Colorado voters legalized marijuana for medicinal use in 2000 with the passage of Amendment 20. The Obama administration in March urged ending most dispensary raids.

Salida’s Dara MacDonald, community development director, says City Hall has had “a few requests for information on opening dispensaries.” But the business concerns the state, mostly, and the city wouldn’t actually have to do much beyond confirming zoning as C-1. Dispensaries are not allowed within 500 feet of a school. There is no city application process.

Hank Brassea opens Salida's first medical-marijuana dispensary, Medical 420, on West Highway 50.

Registered caregivers must comply with state laws concerning the number of plants per patient, get a tax identification number and are able to open dispensaries.

We’re “handling it as a zoning issue,” said City Administrator Jack Lewis. “We are struggling as to what, if anything, there is to limit or regulate. It’s in such an infant stage, nothing is clear-cut.”

MacDonald added, “We’re just trying to figure it out.”

A few folks stopped by the new dispensary, one curious about the procedure of getting registered as a medical-pot patient. Another visitor wanted to show his support. Ed Leach of Salida says he didn’t know what to expect, wondering whether some people would picket the dispensary.

“I was going for a run, then thought I’d visit this guy’s business, making sure people weren’t opposing it for the wrong reasons,” said Leach.

The medical-marijuana situation strikes close to home for Leach, as he watched his mother die of lung cancer. By the time his mother learned of her illness, she was terminal. “Seeing someone in as much pain as humanly possible is a horrible injustice,” he said. Leach says he believes in “people’s rights to medicate and treat their pain and illness in any way they deem responsible.”

Brassea, who is a cancer survivor, will hang a sign and is going through the application procedure. He says he chose Medical 420 as a business name because it was “one of the few left.”

Pronounced four twenty, it’s a symbol of cannabis and its culture. On April 20, users gather to smoke pot publicly at 4:20 p.m., often on Capitol grounds. Events are international. The term originated in 1971 with teens in San Rafael, Calif., who would meet after school at 4:20 p.m. to smoke marijuana in front of a statue of Louis Pasteur.

Brassea says he’s staying within the limits of the law, so he’s not worried about prosecution. He’s interested in “whatever we can do for the community.”

Margaret Shacklett at Dramatic Paws says she’s met her new neighbors at Medical 420 and isn’t worried “as long as it’s legal.”

“They’re very nice,” said Shacklett. “They just seem like normal people. They don’t look like hard-core druggies.”

When Colorado’s medical-marijuana registry was updated Aug. 31, 2009, 14,377 state residents held valid identification cards. Severe pain is a reported condition for 90 percent of all registrants. Fifty-seven patients live in Chaffee County.

County commissioners are scheduled to meet Mon., Nov. 16, to begin selecting committee members from a short list.

The newly formed committee will have its work waiting as the current land use code is unclear, conflicting and hinders smart development. To be successful, the committee must create a land use code that’s easy to understand with standards that encourage thoughtful growth. It should also reflect the values of county citizens.

“It’s crucial that we have a functional committee that recognizes the importance of a good land use code,” said Kim Antonucci, Chaffee County planner.

There won’t be much of honeymoon period as the business of land use looms. This committee will take the Chaffee County Citizen’s Land Use Roundtable’s two-plus years of work and revise the code to improve land use patterns and procedures. The roundtable’s work is relevant and important because it’s the closest citizens have come to consensus on land use issues. This last step in an almost 10-year process is to create workable regulations. The committee will work with the Planning Commission and county staffers.

Current county commissioners participated in the final meetings and in December 2008 endorsed Resolution 2008-69, which offers direction to staffers updating the land use code and zoning map. The roundtable’s shared focus was to “enhance and protect Chaffee County’s character.”

Initially, about 200 citizens were invited into the process. This was whittled down to 80 participants, then a core group of about 38, representing diverse interests and various stakeholders within the community.

Until a decisive land use code is finalized, the subdivision review process may present the greatest challenge. There are conflicts going back to previous zoning and subdivision regulations that stood alone but referred to each other. Basically, the two were treated separately and as subdivision requirements evolved and changed, the zoning did not.

Here’s how the conflict came to be. There have been growing pains as Chaffee County’s population increased more than 60 percent since 1970, in step with economic changes from recreation and second-home ownership. Previously, agriculture and mining were king.

As the county changed, new land planning was needed. In 2000 a Comprehensive Plan for the county was adopted. This plan is advisory, not regulatory, and the Board of Commissioners at the time gave the Planning Commission the authority to dig in and create a land use code, inspired by this plan. The land use code has been a work in progress for years.

Citizens at the time were “unable to reach political consensus on land use issues,” Antonucci said.

Meanwhile, the county made regulatory updates with regard to subdivisions between 2001 and 2005 and applied them to new developments, not existing ones. But it did not update zoning requirements.

Actually, the Zoning Resolution has not been updated since its adoption in 1974, except to decrease minimum rural lot sizes to two acres in 1990, as noted in Resolution No. 2008-69. Zoning regs do not consider population growth, economic and cultural changes.

Next, the commission tackled the Zoning Resolution and map in 2004 and made recommendations based on goals in the Comprehensive Plan. In 2006 the board rejected those recommendations, following public input. The board then sought more public involvement. The roundtable was formed to consider everything from zoning and subdivision requirements to resource standards. Recommendations for the land use code are its resulting work.

The commission planned to update the land use code sooner but there were failed efforts over the years, Antonucci said. “It wasn’t supposed to be in conflict this long.”

Subdivision, zoning regs at odds

Planners’ hands are often tied by the conflicting zoning and subdivision regulations. Lots smaller than two-acre parcels can’t normally be approved because of smaller setbacks, and water and sewer requirements that are inconsistent with zoning. It’s an “untenable situation if you’re trying to do a small lot because planning can’t allow it, the zoning won’t allow it without variances or going through a Planned Unit Development process,” said County Development Director Don Reimer.

For example, county residential zoning requires minimum setbacks of 25 feet from the street, 20 feet in the rear and 15 feet on the sides. But subdivision regulations show setbacks can be 20 feet from the street and 10 feet from the rear or the sides. Also, zoning allows one-acre lots with central water and septic systems or half-acre lots with a well and central sewer service. Yet subdivision standards require that any lot with a well or a septic system be at least two acres.

Reimer does not agree that during this interim time, anything goes with conditions. He says the board has denied requests for subdivisions with an inadequate water supply and special land use permits that don’t fit with the area.

Other requirements aren’t clear-cut and the board may use discretion in allowing an exception if the developer makes a strong case. The board considers whether work is mitigated and the larger picture of public health, safety and welfare. For example, a request for a road grade of 12 percent was granted on condition it was paved. The board found the road reasonable for emergency vehicles and this decision was within its discretion.

So a building may be erected in a flood plain if the foundation is engineered. Although it’s not advisable to build in a flood plain because of the downstream impact and the hazard to property owners, there’s no standard to prevent it. The larger question being, “Do we want to put buildings there?” said Reimer.

River setbacks are also troublesome. Current code puts buildings 100 feet from the river’s centerline, but, again, this requirement doesn’t apply to existing lots. “We value our water quality and natural flood plains are critical to watershed health,” Reimer said. “Should those values be reflected in our regulations?”

Downcast lighting is required for new developments, making it easier to view the night sky, but not existing subdivisions.

Special land use and zoning permits are tricky because they’re valid for a limited time, and situations are open to interpretation. If a bed and breakfast owner wants to build additional cabins, for example, the owner would have to return to ask for an extension five to 10 years later. For many, it doesn’t make sense to build a structure and check in years down the road to make sure it’s still acceptable.

‘Stuck with two-acre lots’

Roundtable members’ first recommendation concerns land use zoning, and it’s clear they want something other than two-acre subdivisions. Discussions were heated over whether the minimum lot size should be two or five acres, but the group couldn’t achieve consensus on density. The Planning Commission’s position is one unit per five acres as the minimum lot size. But it emphasized good design, including clustering options and incentives.

Lots created in the ’90s essentially mandate the cookie-cutter two-acre lot developments and make it difficult to create unique clusters, which can make better use of the land. If a developer’s incentive is economic, it’s easy to see how acreage is cut up into as many two-acre lots as possible.

And why would the county want more? In the first week of November 2009, 93 one- to two-acre properties were listed for sale; 203 properties, ranging from a little more than two acres to five acres, were listed; and 47 lots categorized as just two acres were listed, according to the Multiple List Service.

Greg Bayne, who serves on the Planning Commission, likes the idea of clustering to preserve viewsheds and balance needs of developers and communities. For example, say a builder has 35 acres and is allowed a minimum one unit per five acres. An incentive would be to allow the developer to double the number of lots to 12, if the development is clustered. Property owners are closer to neighbors but there is more open space to enjoy.

“We want this county to continue to be a desirable place to live in 30 years,” Bayne said. “There’s another way to develop. We need to develop intelligently. They’re stuck with two-acre lots.”

Conflicting philosophies

Once the land use code committee is selected, it’s vital that it is successful. Building the right team will make all the difference in implementing the roundtable’s recommendations. Members will bring their strengths, personalities and sometimes conflicting philosophies to the table.

Realtor Judy Everett says she’s in the minority because she’d rather see two-acre lots than “five acres of weeds.” And though she doesn’t want to see 40 acres cut into two-acre lots, she says it’s a property rights issue. “I know we need rules, but the government seems to be dictating every part of our lives,” said Everett, who is also a farmer and has a seat on the Planning Commission.

If these two-acre lots don’t sell, it’s the owners’ responsibility, she says. “The market is adjusting,” Everett said. “Let the free market take care of it.”

‘Need to move forward’

County commissioner Dennis Giese, District 1, says no one agrees 100 percent on the recommendations but “we need to move forward.”

“How do we make the code to best satisfy the recommendations?” said Giese.

Giese understands committee members will each have particular passions. He says he’ll tell them: “This is what the process needs to be – it’s about coming to a consensus. We’ve gotten this far and that’s where we want to go. We want good land planning.”

Giese would like to see a land code that “reflects growth but not unabated growth and conserves the rural atmosphere of Chaffee County.”

Chairman of the Board Commissioner Frank Holman, District 2, wrote in an email that the list of applicants has at least one representative from each focus group. Holman also said he has “high expectations.”

On the roundtable recommendations, he said, “Most will be easily implemented. But there were some that were not unanimous and those will have to be worked out by the group.”

Commissioner Tim Glenn, District 3, did not respond to an email by the time this story was submitted.

Antonucci said, “Now the Steering Committee has something to work from and, hopefully, past debates won’t be reopened. For example, there’s no time to re-debate the roundtable’s recommendations or the validity of the Comprehensive Plan. Those tactics will prolong the adoption of a new code. Hopefully, the committee can stay on track with the roundtable’s positive outcomes.”

The anticipated new land use code will surely be a benchmark in Chaffee County’s history of land planning. “The next nine months will shape how the county will look in the future,” Bayne said.

The next Planning Commission Work Session is scheduled for Thurs., Nov. 12, 9 a.m., BoCC meeting room, upstairs in the Courthouse.

The Steering Comittee Kickoff Meeting is scheduled for Mon., Nov. 16, 1:30 p.m, BoCC meeting room, upstairs in the Courthouse. The commissioners will be present for this meeting.

Smeltertown vintner Steve Flynn offers another taste of the fragrant, dry drink, hand-picked and grape-stomped by locals. “I want the taste of Colorado in my wine,” Flynn explained. “I want to taste where these wines came from.”

Maddie Porter, 6, stomps merlot grapes in Smeltertown. Photo credit: Ann Marie Swan.

Flynn says his community supported winery, Vino Salida Wine Cellars, is inspired by the local tradition of Italian winemaking. His fermentation process is as natural and “hands off” as possible. He allows his batch of Palisade-grown merlot grapes to ferment on its own yeast, then adds minimal yeast near the end of the process.

“My job as a vintner is to gently steer the decomposition,” he said. “Wine is made in the vineyard. I want to express what my grower has done.”

Currently, there are about 84 wineries in Colorado, as applicants apply for licenses all the time. “We haven’t seen too many close,” said Doug Caskey, executive director of the Colorado Wine Industry Development Board.

The industry has grown by 1,084 percent since 1992, Caskey said. This figure is from Department of Revenue excise tax reports, based on the volume of wine produced. Last year’s figures were flat, however, because of a short 2007 harvest affected by extreme weather.

Colorado’s climate produces thick-skinned grapes, most coming from the Western Slope’s Grand Valley, the heart of the state’s viticulture. When grapes are stressed by cold weather, they often do better. “We have some really good grapes here,” Caskey said.

It’s all about getting grapes that “come in lively on my tongue,” Flynn said. “I’ve yet to taste unbalanced grapes from Palisade.”

Locals stomp merlot grapes in Smeltertown. Photo credit: Ann Marie Swan.

Locally made wine is paired nicely with amazingly fresh, local food. This connection between Colorado wine markets and the local-food movement is “absolutely huge,” said Caskey.

As consumers become conscious of where their food and beverages come from, it’s natural for them to be intrigued by local wines. Increasingly, Colorado wines at farmers markets are doing well, and restaurants that feature local foods are also having a lot of success with them, Caskey said.

Flynn sees community members consuming his table wine, Vino Rosso di Salida, and his high-end, more elegant Vintner’s Reserve. Yet Colorado winemaking is a boutique industry within the larger picture of agritourism, which lures affluent visitors to sample fine local food and drink. For this crowd, eating and drinking are sensual experiences, and they drive from the Front Range to visit wineries around the state.

According to a 2006 Colorado State University economic impact study, the total contribution of the Colorado wine industry was $41.7 million in 2005. About 50 percent of this figure came from agritourism, according to Caskey.

Beyond recreation, tourists indulging in alluring wine and food are finding nirvana on the Western Slope. Mesa County wineries produce almost 60 percent of the wine made in Colorado. The 2006 CSU study also shows 62 percent of Palisade Winefest visitors in 2005 drove more than 100 miles to attend the event.

Couldn’t this happen here? It’s easy to imagine Salida wine with goat cheese made in Buena Vista, a little elk, succulent veggies and fruity desserts. Lunch downtown would be a nice start before a short, scenic bike ride to a local winery. It fits Salida’s style. And, who could resist the bumper sticker, “Napa, Sonoma . . . Smeltertown.”

Locals de-stem grapes in Smeltertown. Photo credit: Ann Marie Swan.

Back when Flynn was only making wine for friends, they all pitched in for grapes, bottles and corks. Flynn then rolled up his sleeves and went to work.

These days, Flynn is realizing his dream in a 1,200-square-foot industrial-zoned building in Smeltertown, making wine to sell to the public. He also makes blended wines with some grapes from California. His wine is unfiltered and aged in barrels. His starting capital was $100,000.00, with the cost of the grapes about half the amount.

This eventual fine wine, often referred to in literature as the only god-given beverage or the drink of the gods, has involved Upper Arkansas Valley residents at every stage in the process. Many of them turned out on a glorious autumn weekend to de-stem three tons of grapes. Workers took the stems outside, building a purple berm along the property line.

Grape-stompers then stepped into a bleach solution before getting into the bins of whole grapes. The solution is enough to disinfect stompers’ feet but “isn’t enough to flavor the wine,” Flynn said. Potential participants with cuts on their feet or ankles are not allowed to enter the bins.

Moms naturally remind barefoot children to wipe off the grit after playing in the dirt and pass through the bleach solution. “As a community, we police this,” Flynn said.

Flynn feels this procedure is hygienic and further health concerns are based on fear. “I don’t want fear in my wine,” Flynn said with a laugh.

Next, just like the classic “I Love Lucy” episode, locals stomped grapes in a macro-sized agricultural bin. Children and adults alike squealed as the grapes squished between their toes, splashing their legs with purple dots.

Flynn’s cash flows from wine futures and, before the wine is made, cases of 2009 Vino Rosso di Salida and 2009 SmelterStomp Merlot cost $180.00. “It’s like a promissary note,” he said. “I promise I’ll deliver.”

The release date is June 2010, and he’s expecting the wine to be “magical.” The wine is then good to drink. However, the wine is expected to taste more refined after aging five to eight years, more like a wine that normally costs $80.00. “You want to drink wine when it’s alive,” Flynn said.

In November those invested in the wine will taste different blends “young and raw.” These wine lovers are truly buying into the dream that what is “smooth now will be smoother later,” Flynn said. “It’s my litmus test. It’s a community sport of winery. Plus, it’s fun.”

Maddie Porter, 6, stomps merlot grapes in Smeltertown. Photo credit: Ann Marie Swan.

Flynn’s Colorado grape grower is Bruce Talbott, who’s had roots in Palisade since 1906. Talbott tried grapes after a few bad years growing apples in the late 1990s. His cousin at Plum Creek Winery persuaded him to try growing grapes and the harvest worked with the timing of his Mountain Gold peach harvest. “I love growing things,” said Talbott, vice president of Talbott Farms, which is a family operation.

Talbott grows “about 12 or 13″ varietals, including chardonnay, merlot, cab sav, syrah, cab franc and riesling grapes. He sees the Colorado wine industry as similar to craft beer, thriving “in relationship with the community.”

Caskey believes Colorado wine culture will be sustainable but it’s “something we have to rebuild.” He’s referring to that dark time in U.S. wine history, Prohibition. Colorado grape vines were ripped out and a lot of farmers switched to peaches. Wine culture in Colorado disappeared for decades, and it takes time to reestablish these traditions. “We are a place that grows exceptional fruit,” he said. “We can make great wine.”

One thing Caskey would like to see is Colorado grape growers diversifying, trying new varietals from Spain and Argentina and fine-tuning the grapes that do best here. When asked if this would be financially risky, considering there is no long, uninterrupted state tradition of growing wine grapes, he said, “Agriculture is financially risky. Not diversitying is more risky.”

In some ways the pressure is off for Colorado wineries because it’s not possible to compete with mass-producing wineries, such as those in California. Wines made here are not in an entry level price category. This means Colorado wines aren’t usually $10 a bottle. Flavor doesn’t have to be designed for commercial tastes and vintners can remain playful. The result is good quality, good value for our region.

Flynn learned to make wine at Mountain Spirit Winery, just outside Salida. Flynn’s individual wine bottles are priced from $25.00 to $50.00. Currently, Mountain Spirit’s most expensive wine is its 2007 Pinot Soleil for $22.95.

Mountain Spirit vintner Terry Barkett wants her wine prices to be “as reasonable as possible,” selling to locals. Mountain Spirit opened in 1995 as the fifteenth winery in the state. Barkett says “the art of blending” separates her wine from others. She and her husband, Michael, sell from their winery on CR 220, Mountain Spirit Gallery and the Twisted Cork Cafe, both on U.S. Highway 50.

Their agribusiness is a huge tourist draw, Barkett says, as she serves many of them at the winery. “It fits in with the valley very nicely,” she said. “It’s just part of the package.”

Doubling the sales of Colorado wine within the state is Caskey’s goal. His strategy is fairly simple – get residents to taste the wine. The strongest sales are out of winery tasting rooms. Maybe a newcomer will try local wine at a friend’s house or a bistro. Flynn has been promoting his wine to local restaurants and finalizing contracts.

The question remains, how does Colorado wine taste? Well, Palisade’s Carlson Vineyards 2003 Riesling was awarded the World Riesling Cup at the 28th International Eastern Wine Competition. The small winery’s competition included 156 rieslings from nine countries, 17 states and two Canadian provinces

Caskey has some advice for new vintners. “Don’t try to be something you can’t be by emulating California,” he offered.

Flynn’s Smeltertown neighbors are curious, popping in to investigate the fruity fragrance. So far, the visits have been friendly. “People love the idea of a winery,” he said.

Flynn, in his boots and bucket at the ready, tends his beloved purple product and adds that wine doesn’t need man. “If you leave it alone, it will make itself,” he said. “That’s my goal. It’s all coming from the earth.”