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The Nederland Sustainability Advisory Board (SAB) was called to order at 6 p.m. on Thursday, May 23.
Without hesitation, Mayor Billy Giblin kicked off the Rights of Nature (RoN) discussion with Nederland’s water attorney Aaron Ladd. Giblin expressed appreciation for the concept of the RoN granting legal status to nature, but noted the difficulty the Board of Trustees (BOT) faced in aligning this approach with the need for storage to secure Nederland’s future water resources.
While acknowledging the town’s pioneering status in adopting RoN, Giblin cautioned against continued association with Save the World’s Rivers (SWR), citing potential threats to exercising Ned’s water rights. Giblin mentioned opposition statements from SWR impacting several towns along the Colorado River, raising concerns about the organization’s reputation in water courts and water congress.
In a recent development, Giblin revealed concerns about the intentions of Gary Wockner, founder of Save the World’s Rivers (SWR), previously seen as an ally in sustainability efforts. Giblin cited conversations with Wockner prompted by legal and engineering advice following SWR’s filing of statements of opposition to water rights applications from Saint Vrain and Left Hand Water Conservancy District’s Coffintop Reservoir and from the Eldora Ski Resort.
Wockner ultimately submitted a statement of opposition to Nederland’s water plans. Giblin urged Wockner to reconsider, emphasizing the potential impact on the community’s water rights. Despite these discussions, Wockner continued to oppose the Town’s proposal. The BOT then unanimously decided to pursue a repeal of the RoN ordinance, a move perceived as necessary to minimize the risk of threats to the future of Nederland’s water rights.
Board member Rab Lachance inquired as to the liabilities that RoN brought to the Town that required it to be repealed. He added that, while RoN is affiliated with SWR, they are not the same organization. Giblin responded that water courts see RoN tethered to SWR and this creates a problem for us. Ladd agreed with this statement.
Board member Rick Orman added that SWR has made themselves a legal adversary of the Town of Nederland, and from a legal perspective the Town must rescind. “Water is life and without water we don’t have a town – and Save the World’s Rivers does not care,” he continued.
Ladd clarified that the concern raised is whether Nederland is inadvertently supporting an organization that is litigating against it and potentially influencing Town affairs from within or through the guardians.
It was recognized that there is ample expertise within the town and the SAB to advise the BOT effectively, instead of relying on external organizations to dictate decisions. Ladd stressed the importance of evaluating key factors such as water rights security, political relationships beneficial for the community, and decisions that align with the community’s best interests.
SAB Chair Melody Baumhover asked Ladd, “What harm could arise from adopting the RoN if they are not upheld in water court?” Ladd highlighted the novelty and associated risks of using the RoN in court proceedings. He acknowledged the Board’s need to address these risks, and the need to identify alternative approaches that preserve the best aspects of the RoN.
Ladd outlined the potential consequences if RoN were used against the Town in court. He pointed out the potential implications for the town’s development pursuits. He also identified the unknowns associated with diverted funds as a key risk factor. Funds originally intended for water and sewer infrastructure improvements now face redirection toward legal battles.
Board members discussed the need to refine the concept of sustainable development, acknowledging that the RoN may have been too stringent regarding any development. Instead, they emphasized the importance of finding ways to develop with minimal harm rather than imposing strict limitations on development
Questions arose regarding Wockner’s involvement with the guardians. It was noted that Wockner had first proposed that his organization, SWR, serve as the guardian. The SAB instead appointed members Rick Orman and Alan Apt, signaling the town’s need to distance itself from too much influence from external organizations. Orman and Apt’s roles as guardians were clarified as being information conduits to the BOT, independent of SWR’s influence, although SWR initially contributed to the wording of town ordinance.
Apt highlighted the RoN’s language issues. He emphasized the need for Nederland to articulate its environmental values using its own terminology and principles. He suggested utilizing the existing Sustainability Scorecard as a foundation for this endeavor, expressing optimism about creating a policy aligned with local values and not intended for litigation.
Giblin prompted the SAB to focus on maintaining an approach centered on information sharing. To address this, a subcommittee was proposed. This group could monitor the physical environment, including watershed, wildlife, trees, and air quality, and provide input to the SAB and BOT on emerging issues while serving as a community sounding board.
Lachance moved, with unanimous approval, to establish the subcommittee. Baumhover, Orman, and Lachance were voted onto the subcommittee and tasked with gathering legal advice and crafting a draft resolution for the June SAB meeting.
The next item on the agenda was the latest Multimodal Transportation Plan update, presented by Charlie Alexander from Fehr & Peers. The plan prioritizes sustainability through transit, walking, biking, and emission reduction.
SAB input was sought on bicycle and pedestrian facilities, sidewalks, trails, and transit enhancements. Additional feedback from the SAB focused on parking and traffic calming measures. For more information regarding all aspects of the current draft of the Multimodal Transportation Plan, please refer to the full coverage in this edition of The Mountain-Ear or online at www.themtnear.com.
Public Engagement Officer Peter Cacek introduced the Nederland Tourism Management Strategy 2024-2027, a product of collaboration with the Colorado Tourism Office. Emphasizing its distinction from a marketing plan to bring more tourists, Cacek outlined its focus on addressing existing local tourism challenges while preserving community values.
Strategies discussed included tourist education, data collection for impact assessment, and maintaining community integrity amid tourism growth.
The Board also explored ways to offer tourists an authentic “Ned Head” experience, highlighting events like Miners’ Days and the Nederland Farmers Market. The potential for a sustainability eco festival was discussed. Wild Bear Nature Center was recognized as a key partner for environmental education, with enthusiasm for the idea of an electric shuttle from their new parking lot to town.
Winter traffic concerns, noise pollution, and parking management at Eldora were also addressed, with suggestions for a reservation system and noise mitigation measures. Cacek plans to gather feedback from Nederland’s boards before seeking public input to refine the strategy document.
The Board appointed Maddie Woods as Secretary for May through June. In July the SAB will hold its regular leadership elections.
Sustainability Coordinator Leah Haney gave a brief update on the EV chargers at the Visitor’s Center parking lot. Nederland will begin to charge money to use the EV chargers in order to cover their cost and bring in revenue. A public outreach campaign is planned prior to implementing a fee structure.
Nederland Sustainability Advisory Board (SAB) meets on the fourth Thursday of the month at 6:45 p.m. The next meeting is scheduled for Thursday, June 27, 2024. For more information go to: townofnederland.colorado.gov/ sustainability-advisory-board.
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