Cortez Journal

Tougher enforcement planned for noxious-weed offenders

Nov. 14, 2000

By Jim Mimiaga
Journal Staff Writer

Landowners in Montezuma County who refuse to control noxious weeds infesting their and their neighbors’ properties will now face more legal pressure to do so, the commissioners vowed Monday.

A recent survey showed heavy support for increased enforcement as a way to more effectively manage the county weed problem. And to drive the point home, some 40 landowners showed up at Monday’s commission meeting to encourage more enforcement action at the county level.

"This grassroots movement from the people is what we needed to see before taking that direction, and now that we have seen the public support we can commit (to tougher enforcement)," said Commissioner Gene Story.

That means, when necessary, seeking court action that would allow weed managers legal access onto private property to take care of noxious weeds whose owners have repeatedly refused to deal with them despite numerous warnings from the county’s weed advisory board.

"We want to keep weeds from impacting the community, as they are dangerous for crops, people and animals," said the county’s noxious-weed manager, Ron Lanier. "You can imagine the calls we get from irate people when their neighbors ignore their weed problem and the wind starts to blow. Some non-resident landowners are especially totally out of touch on this.

"Now, people need to realize that this county will be seeking more enforcement of these laws in court," Lanier said.

Many in the group testified to the frustration of diligently controlling their weeds only to see infestations pop back up because of weed seeds floating in from across the property boundary.

When it comes to crop-choking weeds, said Bob Wright, "private-property responsibility goes beyond the fence. This message especially needs to get out to newcomers who may see that huge field of green knapweed and think it is a good thing, when it is not."

"The biggest complaint I get from people is that their neighbors are not keeping up," agreed Eddie Lewis, a commercial weed-sprayer.

The group discussed how easements set aside under the Conservation Reserve Program (CRP) contribute to poor weed management. A solution is needed, Lanier, because those lands are not adequately controlled for noxious weeds.

"I’m getting a lot of complaints from neighbors of CRP land of infestation from those lands," Lanier said.

Under the CRP program, farmers can sign up to receive federal funds if they conserve some or all of their lands for a 10-year period. In return for market value, the farmers agree to take their land out of production. As part of the program, natural grasses are planted to improve wildlife habitat, but too often the grasses are planted before noxious weeds are controlled.

"Weed control has to be done before grasses are planted. Otherwise it is problematic because you end up spraying the new grasses," Wright said.

One solution suggested was to hold up payment to landowners under CRP until the weeds are properly managed. Also, private-property owners should be encouraged to plant native grasses as a way of choking out weed populations.

"As a newcomer, I was pleased to learn that after eliminating the weeds on my property I could plant grasses that offer a profit," said David Furrey, a property owner. "Those new to the area need to know this."

Landowner Chuck McAfee said that having CRP land is no excuse for not controlling weeds. He noted that by state law, CRP land agreements require that weeds be controlled. He said that coordinating weed-eradication efforts on CRP lands before natural grasses would help.

Lanier said that getting information out to landowners is usually enough to get improvement, but a few irresponsible landowners need more enforcement because they in essence are threatening the county with weed infestation.

Weber Canyon south of Mancos was identified as a real problem area for noxious weeds, and was described by Lanier as "solid Russian knapweed going up into Mesa Verde."

"We have an (absentee) landowner next door to us from Flagstaff, Ariz., who has not done anything about his weeds and it is causing us a lot of problems," said Charlie Taylor of Weber Canyon. "We work hard to reduce our weeds, but It’s frustrating because others tell us that they just don’t give a damn."

For Ray Couleor, of Arriola, fighting weeds has been a never-ending battle that has yielded little success. The problem is reducing his crop output.

"Seems like we’re going backwards. Any time we break ground for planting or a wind break, the weeds come up and return even after constant spraying," he said, advocating for more strict enforcement. He said more weeds need to be listed that damage agriculture such as the so-called "red-top" weed, which is becoming prevalent in the county.

"I lost a 10-acre section of hay due to it," he said.

Nationwide, it is estimated that noxious weeds contribute to a $50 billion loss to crops every year. In Colorado, farmers lose $40 million per year because of the pests.

Farm boundaries especially need to be hit with more weed control, many in the group said, and special attention should be taken by ditch-riders to make sure they are not transporting seeds from property to property.

When county weed managers witness a problem on private property, three letter warnings are issued. The first informs the owner of the problem and includes a picture; it also describes a cost-sharing agreement that is available through the county to control the weeds affordably. If after 10 days there is no response, another letter is sent reminding that it be done soliciting voluntary compliance.

If no contact is made regarding the problem, a third letter is sent instructing the owner to either manage the weeds, submit a management plan, or request an arbitration panel to determine the final management plan.

It then states that "If you fail to . . . . manage the noxious weeds as required the county will manage the weeds for you." The costs are then billed and can be levied on the property-tax bill.

But before access to the property can be granted, the commission must direct a court action be filed by its attorney, which they said they support doing if all other attempts to solve the problem fail.

"There is obviously a lot of support for enforcement and we respect that," Story said. "When it comes down to no response to the third letter, then we will do what we need to do."

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