County bows out of Green Lake debate

Gate not likely to go away any time soon 

By Toni Todd

The Green Lake Road controversy surrounding access issues above Lake Irwin will continue, but with less help from Gunnison County. After attempting to intervene in the matter, the County commissioners have determined that the responsibility to solve the issue lies with the Forest Service. It was for this reason that they included a public discussion of the road at this past Tuesday’s meeting.

“I think we should chock this issue up in the ‘no good deed goes unpunished’ category,” said County commissioner Phil Chamberland. “We got ourselves involved to try to come up with a solution that works for everybody. That’s made things nothing but worse. Our decision is to back off. The Forest Service is where the responsibility and decisions lie, not us. The Forest Service needs to step up and make a decision.”

Last summer, J.W. Smith, who owns mining claims about a mile above Green Lake, put up a gate to block access to the Forest Service road that cuts through his property en route to Green Lake. Folks long accustomed to using the road to hike or drive to the Green Lake area were suddenly cut off, inciting frustration. Smith said the sheer numbers and use of the road has had extreme negative impacts on his property.

On Tuesday, the commissioners aimed to clarify their role and the limits of what they can do, in an attempt to direct the collective ire back toward the US Forest Service.

Eric Aslakson owns several mining claims in the area. He delivered written statements from himself and his neighbors to the commissioners, and also made a brief statement.

“The amount of traffic has increased an awful lot. Along with that, the road has degraded… it just keeps eroding away and even their four-wheel drives bottom out, so they keep on going around to avoid the ruts. I’ve seen the kind of damage too much traffic can do. I’m not against ATVs, but you can’t have them in these fragile areas because they can’t recover from it.

“None of the property owners want to restrict people from going up there. They just want them to do it in a way that respects the area. Go for a sustainable access there. It can’t sustain motorized traffic. This county makes a lot of money from tourists. If the flowers don’t grow there, people won’t come. So, don’t shoot the golden goose,”  he said.

“We think the Forest Service needs to step up and manage the area in a more pro-active way,” said David Gottorff, representing the Lake Irwin Coalition. “What we are seeing here is an attempt by a private property owner to take possession of a federal, Forest Service Road, to control who can travel, what time of year, and by what means. We empathize with your plight, but that does not give Mr. Smith the authority to take possession of that federal road. So, we ask the county to urge the Forest Service to remove the gate as soon as possible.”

“We will continue to urge the Forest Service to step up to the plate,” said Chamberland.

When contacted about the situation, both Smith and his attorney Rufus Wilderson declined to comment on the matter.

Irwin resident John Biro also weighed in on the matter. “That road’s been in use for 130 years and we sympathize with the traffic [issues], but that’s pretty much the new Colorado,” he said. “We pretty much did it to ourselves.”

Biro added, “If we didn’t promote this state so much, we wouldn’t have these problems. I’d just like to add one more comment. We can’t have anybody buy a mining claim and decide to have their own gated community. Since I’ve been up at Irwin, 40 years, there are seven new gates in the area. I point them out to my kids and say, ‘I used to drive up there,’ and they say, ‘Can we go?’ and I say ‘Not anymore.’”

Chamberland expressed appreciation for everyone’s input. He noted that before the Forest Service decides to repair or maintain the road, the agency would likely need assurance that it is, in fact, open to the public.

“So, there’s your Catch 22,” he said.

US Forest Service representative Corey Wong, who was reached by phone, confirmed the agency is researching the history of the road and consulting with federal attorneys to determine the strength of the open access advocates’ claims. “We assert it is a public road and we want it to remain a public road,” he has said. “We’ve asserted that in different ways over many years.”

Wong explained that for now, the gate will remain as long as Smith wants it there. The sheriff is disinclined to remove it, because it’s on private property. The USFS said Wong, “tends to want to exhaust administrative options” before sending in Forest Service law enforcement.  Administrative options are, he said, civil litigation.

“This is not a unique situation,” he said. “We have roads like this all over.” The Forest Service is facing budget cuts, and with the combination of limited resources and growing use of these types of roads, Wong said it’s unlikely the Green Lake issue will be resolved anytime soon. Currently, he said, the Forest Service’s focus is on Taylor Park, an area experiencing similar conflicts and impacts, but in a bigger way, making it the priority hot spot.

Meanwhile, back at the meeting, there were a few more suggestions.

“We should just put the gate up here,” jested Biro.

“Monarch,” said Chamberland.

“Monarch? OK,” agreed Biro.