Image: Map of a proposed reservoir in the Dry Gulch Valley northeast of downtown Pagosa Springs.
Disclosure: I currently serve as a volunteer member of the Pagosa Area Water and Sanitation District (PAWSD) Board of Directors, but this editorial reflects only my own opinions, and not necessarily the opinions of the PAWSD Board and staff.
I noticed yesterday that President Donald Trump is selling an official meme on https://gettrumpmemes.com/.
I had no idea you could sell a meme.
The announcement featured this graphic, indicating either than Donald Trump will be fighting, or else maybe encouraging the rest of us to fight. Or both.
We do enjoy a good fight, here in America.
At the January 20 special meeting of the San Juan Water Conservancy District (SJWCD) board, much of the friendly pre- and post-meeting conversation concerned athletic contests currently taking place in various football stadiums.
During the meeting itself, the board voted to enlarge their legal fight with the Pagosa Area Water and Sanitation District (PAWSD) by authorizing their attorney, Jeff Kane, to file “counterclaims that we may have, in time for the January 31 deadline…”
Whether the counterclaims will improve SJWCD’s chances of ever building a reservoir on the Running Iron Ranch — something they’ve failed to achieve since filing for additional water rights in 2004 — we will have to wait and see. Certainly, the counterclaims — if filed — will give the two water districts more to fight about.
When I visited the official “gettrumpmemes.com” website, I found a similar, full-color image of our newly-sworn President, but without the “FIGHT FIGHT FIGHT” text overlay.
The message there, above Donald Trump’s signature, was “Celebrate Our Win & Have Fun!”
The President appears to have lost a bit of weight. Apparently, you can lose weight while also having fun, fighting.
No one outside the SJWCD board (and their attorney, Jeff Kane, and their executive assistant, Sally High) knows what “counterclaims” might be filed in the Dry Gulch Reservoir case. The type of “counterclaims” were decided in a closed-door executive session, and were not revealed to the public in attendance. But they will become a public record once these claims have been filed.
Yesterday in Part One, I asked (rhetorically) a couple of questions. Did the SJWCD attorney advise the SJWCD board to file “counterclaims” in the current litigation between PAWSD and SJWCD?
And if so… why would an attorney want to expand the scope of an ongoing lawsuit?
I have my assumptions, but they’re only assumptions.
A friend with a legal background said to me, earlier this week: “In my experience, anytime you engage in litigation, it is best to plan for the worst and hope for the best.”
Some people obviously think that a good fight can be “fun”… especially if you win. In which case, “hope for the best” might mean a long-drawn-out fight. Maybe with a raised fist?
Following the SJWCD closed-door executive session with attorney Jeff Kane, the board president, Candace Jones, explained the rationale behind the unidentified “counterclaims that we may have.”
“The [SJWCD] board have eluded, many times, to PAWSD discussions about wanting to sell the [Running Iron Ranch], but that obviously picked up in December, and now PAWSD has started this litigation, and we are obligated to follow the process of litigation. So we don’t have the opportunity to sort of ‘turn the other cheek’ and just keep talking. Litigation has its schedule. So it’s kind of like getting sucker-punched — and the public getting sucker-punched — but we have to fight back…”
Well… not really.
SJWCD has a very clear option to “fighting back”. They could simply agree with PAWSD that the 2016 contract — signed by SJWCD — allows PAWSD to sell the Running Iron Ranch at its sole discretion, during the 20-year Planning Period.
From that contract:
4.2.2. The PAWSD may decide to abandon the Project and sell the Running Iron Ranch pursuant to the terms of Paragraph 5 below…
5.2.1. PAWSD agrees to make every effort to retain the Running Iron Ranch during the Planning Period made possible by this Agreement. In the event that PAWSD, in its sole discretion but after consultation with SJWCD and CWCB, does sell the Running Iron Ranch during the Planning Period, the following terms shall take effect…
That’s one option.
Another option: SJWCD could offer to purchase the property for the same price that’s been offered to PAWSD by either of the two private individuals who’ve submitted written offers. Then SJWCD could thus preserve the reservoir option, on behalf of the larger community, for any number of years. For another 20 years. Even 50 years, if it takes that long.
And there’s yet another option.
One of the offers made on the Ranch included an agreement from the potential buyer, promising that he would work hand-in-hand with SJWCD, to make every effort to build the reservoir that has remained a pipe dream since 2004.
But SJWCD wants to fight, as board president Candace Jones has made very clear. As a result, they have, in my opinion, sucker-punched the taxpayers, and the PAWSD customers.
Ms. Jones:
“So there’s a process we’re following. The next step in the process is to answer the complaint that’s been filed against us, and that answer is due on January 31. So we will follow the process, and we will walk and chew gum at the same time, as best we can, following the litigation process, and continuing to have discussions to the extent discussions might be fruitful…”
Discussions might indeed be fruitful, if everyone can refrain from raising their fist.
I took part in one such discussion on January 16, held privately between PAWSD and SJWCD representatives. The participants agreed to keep the discussion confidential, sharing the negotiations only with our separate board members.
As noted in previous Daily Post articles, PAWSD has received — unsolicited — written offers to purchase the Running Iron Ranch. These offers would relieve PAWSD customers of well over $10 million in pending debt payments on the loan and grant acquired in 2008 to purchase the Ranch, back when a previous PAWSD board thought the purchase was a good idea.
But surely, the current PAWSD board would prefer to sell the Ranch to SJWCD? So the public doesn’t get sucker-punched?
Could that even happen?
Read Part Three, tomorrow…