There is a turf war going on in Cortez, although gang colors and guns are not being utilized.

Instead, petitions, padlocks and "No Trespassing" signs are the weapons of choice for opposing parties as they argue over the future of a ditch bank located in Cortez’s northeast quadrant.

While some Cortez residents feel that the ditch bank, which stretches from Tucker Lane to Parque de Vida, should be converted into a public trail, others believe that a trail in that location would invade the privacy of nearby property owners.

The trail, originally called the Alamosa Trail or Lateral Trail when it was proposed in 1997, would run along the top of the ditch bank — ranging from 6 to 12 feet off the ground — and would look down into the backyards of some adjoining property owners.

Jim Herrick, a Cortez city-council member and proponent of the trail, said he and several others are circulating a petition in an attempt to resolve the issue.

"So far we have had more than 200 people sign the petition in favor (of the trail) and less than 20 who would not sign it," Herrick said Friday.

Herrick said that the ditch bank, which was built before the turn of the century to supply Cortez with water, has long been used as a walking and biking trail. Ownership of portions of the ditch and ditch bank is the subject of some disagreement.

"Kids use the trail in order to get from neighborhood to neighborhood and down to the park and swimming pool," Herrick said. "It keeps them from having to ride on narrow roads and the highway. But now the kids are being yelled at for being back there," he said.

Herrick added that adults who are just out for a walk have also been met with hostility at times. "When we ask people to sign the petition, they ask us if signing it would ‘stop that lady from yelling at us,’" Herrick said.

However, Fred Torres, a city-council member whose property runs right up to the top of the ditch, and his wife, Louise, say that a public trail there would have negative effects on property values and privacy.

"Unless you live there, you don’t know," said Louise Torres. "One night we had 12 kids up there at 2 a.m. parking and smoking pot. With a trail there, there would be more of that."

Herrick disagrees. "If the city was allowed to make it into a trail, then it would be maintained by the city. They would be able to patrol the trail and control trash, dogs, weeds and vandalism," he said.

However, the Torreses believe that a public trail would only create more traffic. "It just doesn’t work," said Louise Torres.

Bill Stroud, another adjoining property owner and opponent to the trail, said that in 1997 an organization called Homeowners Against the Lateral Trail, or HALT, was formed to protest the city’s plan for the trail.

Stroud said that most of the people’s opposition to a trail there comes from concern about their privacy.

"There are some $200,000, $250,000 homes very close to that trail. The owners can’t even sit out on their deck without people looking into their yard," Stroud said. "What part of ‘privacy’ don’t they understand?"

Stroud said there is plenty of room for bikes along Empire Street. "A trail along (Empire) wouldn’t compromise security or privacy," he said.

Over the past several months, Stroud and Torres have erected gates cutting off ditch-bank access through their property. The gate does not stop the flow of traffic altogether but rather force trail-users to circumvent the gate by going roughly 5 to 10 feet to the north along a narrow piece of single track.

While the gate does not bother some who use the trail, others — especially parents — are concerned that kids will have a difficult time maneuvering on the narrow trail and could potentially fall into the ditch water.

"We don’t like gates and fences, but people were wandering through our yard and dogs were getting into our garden," said Louise Torres.

Stroud said that another problem that HALT had with the trail was that the city tried to push it through without gathering input from adjacent property owners.

"The city was up there surveying without any of the property owners knowing what was going on. Why were they doing it without asking the property owners first?" Stroud questioned.

Cortez Parks and Recreation Director Chris Burkett said that nothing will be done on the trail until the city council hears from Cortez residents about what they would like to see happen.