With a complicated web of moving parts, the lake just outside the city limits sits unused. Currently, if an individual visits Lake Nighthorse, it’s considered a federal offense and they could be cited for trespassing./Photo by Steve Eginoire

Failure to launch

Frustration builds as gates remain closed at Lake Nighthorse

by Tracy Chamberlin

They’re frustrated. After three years of waiting, the coolers are still empty and the paddleboard’s
collecting dust in the corner of the garage.

Forget about the small motor boat meant for a weekend outing with the
family at Lake Nighthorse.

With a complicated web of moving parts, interested parties and piles of paperwork to complete, the lake just outside the city limits sits unused. And in the wake of this long process has emerged a community group called Occupy Nighthorse.

“It’s just showing the frustration the community has at not being able to access such a neat venue,” said Tony Miely,
co-owner of 4 Corners River Sports.

In the know Looking for the latest info on Lake Nighthorse? Ask the Bureau of Reclamation by calling 385-6500 or emailing wcaoinfo@usbr.gov. Or visit the city website at durangogov.org and search for Lake Nighthorse. It’s the first link.

With a stated goal of having Nighthorse open to the public, the group is talking about a July 5 event where those interested would meet at the lake. Miely explained people are just getting frustrated and looking for a way to express that peacefully.

He wasn’t the architect behind the movement, but admits to being one of 600 “likes” on the group’s Facebook page. On a daily basis, he added, people come into his shop and ask if the lake is open. If not, when?

Officials at the City and the Bureau of Reclamation, the responsible party for oversight of the lake and surrounding area, said they are aware of the group and understand the public’s frustration.

“We want recreation at Lake Nighthorse as well,” explained Justyn Hoch, public affairs specialist for the bureau’s Western Colorado Area Office.

Certain steps, however, have to be taken before the gates can be unchained. As the linchpin in the process, the Bureau is looking to satisfy all the stakeholders, while doing it right and as quickly as possible, according to Hoch.

And each month, another step is taken when city officials meet with the Bureau, the Ute Mountain Ute and Southern Ute tribes, and members of the Animas/La Plata Operations and Maintenance Association, a group made up of individuals who have ownership in the lake.

Three main tasks sit at the top of the negotiation to-do list.

First, the City and Bureau need to agree on a lease that would allow the City to be the recreation manager of Lake Nighthorse. Second, the two must have an annexation agreement giving Durango the authority to manage and provide law enforcement.

The third item is a memorandum of understanding, otherwise known as an MOU, which addresses planning, development and the protection of cultural resources in the area.

Miely said from his understanding, it’s really about the law enforcement.

Without the proper paperwork, the City cannot police the property, which is currently under county jurisdiction. If an individual visits the lake, it’s considered a federal offense and they could be cited for trespassing.

Miely added that he understands the potential for problems, for example mixing motor boats and drinking, and suggested a “soft opening” in which human-powered craft could be used.

“I’d like to see a little more cooperation to get the lake open,” he said.

Along with the leases, agreements and memos, some physical changes need to happen on the property as well.

As part of that prep, the city spent the past few years talking to the National Guard about helping with the heavy lifting. Unfortunately, without the paperwork complete, Durango didn’t have the authority to go onto the property and get the work done.

This meant the opportunity to get a helping hand from the Guard was lost.

That was the bad news. The good news came when the Animas/La Plata Operations and Maintenance Association awarded funds to the City to pay for the work that the Guard would have done, which also meant the project could keep moving forward.

These funds will help pay for the design, which is already under way, and operation of an invasive species inspection and decontamination station. “The hope is that the … construction could be happening later this year,” Metz explained.

One thing that has been accomplished is the boat ramp, which was built about two years ago with grant funds. There have been concerns that taxpayers would have to pay back the cost of building the ramp if the lake was not open within three years.

Hoch said the Bureau has been in contact with Colorado Parks and Wildlife about that stipulation and those funds are not tied to a ticking clock.

Although things are continuing to move forward, Bureau and City officials are looking at a summer 2015 opening at the earliest.

“We are very aware that there’s a strong desire in the community (to use Lake Nighthorse),” Metz said. “We ask their understanding and patience.”