A fallen tree frames the Perins Peak State Wildlife Area early this week. Beginning on Monday, La Plata County and the State of Colorado went head to head in a court case to determine who owns an old road splitting the wildlife refuge. A La PLata County victory could mean the extension of the Colorado Trail into downtown Durango./Photo by Todd Newcomer.

by Will Sands

Rival interests clashed over the Perins Peak State Wildlife Area this week. Monday marked the beginning of a legal dispute regarding ownership of roads within the wildlife refuge just west of Durango. At the heart of the disagreement is a long-standing effort to bring the Colorado Trail inside city limits.

Fully linked-up in the mid-1980s, the Colorado Trail traverses nearly 500 miles on its winding route from Denver to Durango. Remarkably, the trail stays within national forest the entire way, crossing six wilderness areas and rarely emerging onto jeep road. However, the trail ends 3.5 miles west of Durango along Junction Creek Road. Safety concerns and aesthet

ics have long pushed several local agencies, including Trails 2000, a trails advocacy group, and La Plata County, to advocate a solution to the Colorado Trail dilemma.

Routing the trail along the north edge of the Perins Peak State Wildlife Area, which was purchased by the Colorado Division of Wildlife in 1970, and down into the Durango Mountain Park was eventually viewed as a favorable option. La Plata County backed the solution and attempted a land exchange with the DOW. The swap would have transferred the eastern fringe of the wildlife area to Forest Service hands and opened the way for the trail. In turn, La Plata County would release its claim of ownership over the ?old wagon road,? also known as Dry Gulch Road, which splits the wildlife area.

However, the DOW soundly rejected the offer late in 2002, and that rejection sparked a lawsuit from La Plata County asserting its ownership over Dry Gulch Road. Last Monday, that lawsuit had the first of what was expected to be three days before District Court Judge Jeffrey Wilson.

The proceedings opened with Michael Goldman, attorney for La Plata County, outlining the county?s position. ?Essentially, this is a case about two roads that were created, laid out and constructed in the late 19th century,? Goldman said. ?We?re here to find out which entity owns these roads.?

The two roads in question were Dry Gulch Road, or the ?old wagon road? extending from the Rockridge subdivision through the wildlife area, and the Dry Fork Road, or County Road 208, which leaves Lightner Creek Road and ends near the Dry Fork/Hoffheins trailhead. Goldman explained that the county never formally vacated or abandoned either road and maintains the position that it still owns them.

Maps, historic documents and witnesses took center stage this week, as District Judge Jeffrey Wilson heard arguments on the ownership of Dry Gulch Road inside the Perins Peak State Wildlife Area./ Photo by Todd Newcomer.

?The county would be betraying the public trust if it just gave away these pieces of land,? he said.

Goldman went on to counter the DOW?s position that it was not properly informed of the existence of the roads when the wildlife area was purchased in 1969 and 1970, saying, ?There are numerous documents on record that directed the state to the existence of these roads or at least put them on notice. The appraisal process itself 4 discussed the advantage of the existence of these public roads.?

At the end of his opening remarks, Goldman addressed the judge and concluded, ?The county is confident that you will find that it is the rightful owner of these roads.?

Brad Cameron, of the Colorado Attorney General?s Office, then took up the case for the DOW. In contrast to Goldman?s arguments, Cameron contended that La Plata County has been ignoring reality when it comes to Dry Gulch Road. Citing Washington Irving?s Rip Van Winkle, he opened, ?As you may recall in that story, a gentleman fell asleep for 20 years and woke to find the world had changed around him. In this case, La Plata County?s slumber exceeds 20 years by several decades.?

Cameron asserted that the ?old wagon road? was just that, an improved road that was owned privately by the Thompson family before they sold the entire parcel to the DOW.

?The evidence will show it was an unimproved road, and there was no evidence of county ownership,? he said. ?At no time did the Thompsons leave Dry Gulch open for travel by the public at large.?

Cameron concluded by stating his intent to call several witnesses, who would substantiate the lack of county ownership. ?The most relevant evidence will be the testimony of the witnesses as to what was in existence at the time the Division acquired the property,? he said. ?Evidence will show that there was no legal county claim to what was essentially a locked private road.?

Beginning Monday, the county began to call its witnesses, who were expected to take the stand through Wednesday. As of press time, there was no indication when Judge Wilson would rule on La Plata County?s suit. ?