May 19, 2008

Endangered corn farmers look to $71M water project

Denver Business Journal - by Cathy Proctor Denver Business Journal
Friday, April 25, 2008

Farmers and ranchers in Colorado's No. 1 corn county, Yuma County in northeastern Colorado, are starting a $71 million water project to keep their economy afloat and communities alive.
If successful, they'll continue to grow corn in irrigated fields while sending millions of gallons of water down the Republican River to Nebraska and Kansas -- satisfying Colorado's legal water obligations to the other states.
"If we get this done, it will be the only reason we'll be able to continue to operate in this part of the world," said Trent Bushner, a Yuma County commissioner, corn farmer, and past president of the Colorado Corn Growers.
"If we don't get into compact compliance with Nebraska and Kansas, they could take the compact issue back to the U.S. Supreme Court, and they could shut down all the wells in northeastern Colorado in the Republican River Basin," said Stan Murphy, general manager of the Republican River Water Conservation District, which covers the county. "They could shut them all down. No water, no corn. No corn, no ethanol."

Open space dreams to protect wild

Coalition's goal would help protect land in 24 regions
By Jerd Smith, Rocky Mountain News
Thursday, April 24, 2008

Thousands of acres of private lands that are home to critical wildlife habitat, river corridors and scenic landscapes would be saved from development under an $800 million plan unveiled Wednesday.
The undertaking is the work of a new coalition called Keep It Colorado. Its high-profile members include the Conservation Fund, Colorado Open Lands, Nature Conservancy, Trust For Public Lands and Colorado Conservation Trust.
The group will focus attention and preservation efforts on 700,000 acres of land in 24 different regions of the state, from the San Juan Valley to the Eastern Plains.
Keep It Colorado officials are counting on landowners to donate easements on critical properties worth $400 million, and they hope to raise roughly $400 million from private and public sources, possibly from severance tax funds.
But severance tax funds are far from guaranteed.
Rep. Bernie Buescher, chairman of the Joint Budget Committee, said if changes are made to oil and gas severance tax rules, then voters will be the ones to decide if new monies are channeled into land conservation.
"And the fact is that there is going to be a lot of competition for that money," Buescher said.
The plan is not without its critics.
"We have no shortage of open spaces in Colorado," said Jon Caldera, president of the Independence Institute, a free-market think tank.
Caldera doesn't think Colorado should be spending tax money to protect land.
"What gets me is that right now everyone is licking their lips over oil and gas money and more taxes," said Caldera. "The only thing we need much more of is energy. The last thing I want to tax is what we need the most."
But Gov. Bill Ritter, who introduced Keep It Colorado to dozens of conservation groups at a breakfast at the Denver Botanic Gardens on Wednesday, lauded the plan. "This will invigorate our collective efforts to preserve what's best about our state," he said.
Colorado has become a national leader in land conservation, saving more than 1.1 million acres using easements, legal tools that allow property owners to claim lucrative income tax credits in exchange for prohibiting development on their lands.
But Colorado's program, enacted in 2000, has been plagued with abuse, with hundreds of easements under investigation for using faulty appraisals and for protecting lands of questionable public value.
Ritter acknowledged those problems, but said he wanted the conservation tax credit program preserved.
"We've found there are people who have abused the tax credit program. And worse, there are people who say it should end. But we are not going to let it go away," he said.
Great Outdoors Colorado, an independent agency funded with lottery dollars, has protected hundreds of thousands of acres statewide, as have local open space programs.
But Colorado's lands are under increasing pressure due to residential and commercial development and new oil and gas production.
"If we are ever going to keep it Colorado, now is the time to do it," said Michael Dowling, chairman of the Boulder-based Colorado Conservation Trust.
Where 'Keep It Colorado' hopes to find $800 million
The coalition has identified 700,000 acres of critical view sheds, river corridors and wildlife habitat that it says should be protected from development. The lands targeted for protection are private. Here's how the coalition envisions funding the ambitious plan:
Total cost $800 million
Private land donations $400 million
Private cash donations $100 million
Public funds from Great Outdoors Colorado grants and local open space funds $100 million
Unmet need, possibly from severance tax funds $200 million
Money committed to date:
$2 million: Doris Duke Charitable Foundation
$15 million: Colorado Division of Wildlife

May 9, 2008

1031 exchanges

STEP 1
Always discuss your exchange with your tax advisor.
STEP 2
Contact BANKERS Escrow Corporation at 800-571-6595 immediately upon deciding to do an exchange to insure proper document preparation and coordination of all parties, including real estate agent, tax advisor & title company.
STEP 3
Make sure that the real estate contracts have the 1031 terminology in the contract that allows for the assignment & indicates your intent to do an exchange.
STEP 4
Sample Terminology for Real Estate Contracts [Taxpayer should consult their tax advisor or real estate professional as this is suggested language only]"Both the Seller and the Buyer hereto agree to cooperate with each other in a manner necessary to enable either party to qualify for a IRC Section tax deferred exchange at no additional cost or liability to either party. Either party’s rights and obligations will be assigned to BANKERS Escrow Corporation to facilitate such exchange."
STEP 5
Replacement property must be identified within 45 days of the closing of the relinquished property.
STEP 6
Acquisition of the replacement property must be completed within 180 days of the closing of the relinquished property.

Ranchers look to lawmakers to save their way of life

DENVER (AP)--Her family's ranch could be swallowed up by the Army as it looks to expand its Pinon Canyon training site but each night Lisa Doherty said she and her two sons offer prayers for the nation's soldiers and its leaders.
Doherty said she and her family live a "blessed life" on the wide open plains of southeastern Colorado even though it means working from dawn to dusk with no vacations. She'd like to give her boys the chance to become the fifth generation to work that land but fears the Army's plans could stop that.
"I love my country but I also love my home," Doherty told a Senate committee April 9 before they voted to back a bill aimed at telling the Army that ranchers can't be forced to sell their land to make way for the project.
The full Senate will debate the measure (House Bill 1069) next, even though lawmakers acknowledge they're not sure if a state law can stop the Army from using eminent domain.
Despite that, ranchers and others who oppose the expansion think it would still send a strong message to Washington that Colorado is concerned about the expansion. They think that could make it harder for the Army to win congressional should it move ahead with the plans to acquire 418,000 acres--or 653 square miles--nearly tripling the site it now has in southeastern Colorado.
The debate pits Colorado Springs, the home of Fort Carson, against the ranchers who live around Pinon Canyon, some of whom say landowners weren't treated fairly when the Army first created the maneuver site in the 1980s for Fort Carson's soldiers.
Ranchers endured years of drought, selling off many of their cattle, only to be hit with several feet of snow in storms this winter. They fear the loss of up to 80 ranches--many of them homesteaded in the early 1900s--which they say would have a ripple effect on the area's agriculture economy and rural way of life.
Fort Carson, meanwhile, is preparing to grow by 10,000 soldiers by the end of 2009 after emerging as a big winner in last year's round of base closures.
Fort Carson spokesman Col. David Johnson said running training exercises at both Fort Carson and Pinon Canyon give soldiers a chance to replicate the distances and the pace they experience in battle.
"We understand there's a lot of history and a lot of love and culture and family ties caught up in this. We don't take that for granted," Johnson said.
He said the environmental and hearing process could take another two years before the Army would even begin to acquire land. He said the Army intends to buy land from willing sellers but will not give up its right to use eminent domain.
Some ranchers said the existing land hasn't been used to train soldiers for the Iraq war or for Desert Storm. Johnson said the site was used by soldiers before 1991 and last summer.
Ranchers believe the arid landscape is too fragile for tanks to train. Mack Louden, a fourth generation rancher, said wagon ruts from the Santa Fe Trail can still be seen in the dirt in some places.
Opponents say the land is also home to dinosaur tracks, petroglyphs and Apache sacred sites. Rancher Steve Wooten said landowners are also working with scientists now on a study of what animals and plants live on the short grass prairie.
But he also said the expansion would destroy the bonds between the families and friends who pitch in to help each other because they wouldn't be able to buy adjoining ranches in a new area.
"We will be forced to spread ourselves to the wind," he said.
Date: 5/3/07

In memoriam: Marshall L. Frasier

In memoriam: Marshall L. Frasier
By Drovers news source (Wednesday, May 07, 2008)

Marshall L. Frasier, 81, well-known rancher in the Woodrow community, died Saturday afternoon, May 3, 2008, at the Valley View Villa Nursing Home in Fort Morgan, Colo., from complications with cancer. He served as a leader in his church, community, and Colorado’s cattle industry.
He was born October 11, 1926, on the family farm in Wallace County, Kan. The youngest of six children, by age 8, Marshall was busy operating tractors and herding cattle. After graduating from Sharon Springs High School, he served in the US Navy as a radar operator on the USS Elkhorn, an oil tanker bound for the China Sea.
By the time Marshall returned from his military service in 1947, his father had purchased the Hashknife Ranch south of Last Chance, Colo. Over the next 60 years, Marshall rebuilt the ranch into a model yearling operation. He also acquired a sand hills ranch north of Wray that he developed into an irrigated farm and later traded for River Bend Ranch west of Limon. The family’s management of these ranches has been recognized with conservation awards from the Colorado Division of Wildlife and the National Cattlemen’s Beef Association.
Marshall took great pride in his community. He held many leadership posts in the local Methodist Church and the Woodlin Lions Club. He served for 16 years on the Woodlin School Board and was past president of the Colorado Association of School Boards. A lifelong member of state and national cattlemen’s organization, Marshall was the first to serve as President of both the Colorado Cattlemen’s Association and the Colorado Livestock Association.. He was Region Vice President of the National Cattlemen’s Beef Association. In 2004, Marshall was inducted into the Colorado Agriculture Hall of Fame.
While he never retired from the ranch, in his later years, Marshall spent time rebuilding antique wooden windmills. His proudest accomplishment was inspiring his three sons to join him in the cattle business.
Marshall is survived by his wife, LaRue, of Woodrow; sons, Joe (Cindy) Frasier of Limon, Mark Frasier of Fort Morgan, and Chris (Leanna) Frasier of Denver; brothers, Harold Frasier of Sharon Springs, Kan., and Melvin Frasier of Boulder, Colo.; grandson Ryan (Lindsay) Frasier of Newton, Kan.; granddaughters, Kelsey Frasier of Manhattan, Kan., Emily Frasier of Limon, and Katie Frasier of Denver. He was preceded in death by his Sister, Helen Eicher; Brother Donald Frasier; and his Parents, Elmer & Mayme Frasier.
Funeral services will be Friday, May 9, at 11AM at the Howard United Methodist Church in Last Chance. Visitation will be at the church prior to the service. Interment will be at the Walk’s Camp Methodist Cemetery north of Limon. The Heer Mortuary in Brush - Fort Morgan are entrusted with the funeral arrangements. Friends who wish may make memorial gifts to the Woodlin Lions Club Scholarship Fund or to the Howard Untied Methodist Church c/o Heer Mortuary, 222 Cameron Street, Brush, CO 80723.
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