Senate committee advances bill giving local review of large fences on Sangre de Cristo land grant

The Senate Agriculture & Natural Resources Committee on April 17 advanced House Bill 10 23 to the Committee of the Whole with a favorable recommendation as amended, following testimony from local residents, state wildlife officials and conservation groups about an extensive, high fence constructed on La Sierra in the Sangre de Cristo land grant.

Senator Chris Simpson (opening sponsor) said the bill "is really about a story and a sense of place" and described the measure as permissive — giving county commissioners the option to require local review for certain large fencing projects that may affect wildlife movement, erosion and historic access rights. "The bill is really, essentially permissive as well," Simpson said, adding the measure would apply to fences more than 5 feet tall that enclose an area over a mile long or form an unbroken line longer than half a mile.

Co-sponsor Senator Faith Gonzales framed the bill in historical context, recounting the Sangre de Cristo land grant history and legal decisions dating to the 19th century. Gonzales reminded the committee of the 19th-century Treaty of Guadalupe Hidalgo and noted court rulings that recognized communal access rights. "These fights have happened before," Gonzales said, arguing the bill honors local control and historical rights while remaining narrowly tailored to the land grant area.

Multiple witnesses described the fence built on La Sierra (Cielo Vista Ranch) as unusually tall and tightly woven and said it has caused erosion, interrupted wildlife migration and blocked access that communities historically used for grazing, fuelwood and pilgrimage. Vanessa Devereaux, director for the Division of Community Engagement at the Colorado Department of Law, testified that "this is no mere fence," describing it as "a 20 mile long wire grid, so tall that deer and elk cannot jump over it" with openings of "about 3 and a half inches" that prevent small wildlife from passing. Joseph Quintana, a retired physician born and raised in Costilla County, said the fence is "an 8 and a half foot tall, tightly woven, prison like fence" and said it had produced flash floods and sediment pollution, altered wildlife migration and limited residents' historic access.

Colorado Parks and Wildlife (CPW) testified in support. Mike Kortouch, CPW assistant director for policy and planning, told the committee that fences higher than 40 inches are linked with higher mortality rates for ungulates and that wildlife-friendly design and local review can reduce impacts. Kortouch noted CPW provides permanent big-game fencing in some circumstances at landowner request and thanked sponsors for clarifying exemptions for CPW and other public-works projects in an amendment adopted in committee.

Senators questioned legal and scope issues. Senator Pelton asked what immediate effect the bill would have on the existing fence and whether it would change an ongoing settlement process; Senator Simpson said that question was speculative and the bill is permissive, leaving county action to local officials. Committee members asked whether the bill risked being "special legislation" because it targets a specific land-grant area; Vanessa Devereaux said the attorney general's office had reviewed the bill and did not express concern about the specificity.

After testimony and a technical amendment to exclude certain public utilities and specified energy or transportation public works projects from the review requirement, Madam Vice Chair moved the bill to the Committee of the Whole as amended. The committee poll recorded a 4–3 vote in favor; the transcript records several named yea and nay responses and reports the motion "passes 4 to 3." The amendment and motions are recorded in the committee transcript.

The bill, if adopted by the full Senate and enacted, would create a local-review pathway for covered fencing projects on lands defined by the Sangre de Cristo land grant language in the bill; it is permissive and does not automatically prevent landowners from building tall fences if county officials approve them.

Sources and attribution: this account draws directly from sponsor remarks by Senators Simpson and Gonzales and from witness testimony by Vanessa Devereaux (Colorado Department of Law), Joseph Quintana (Costilla County resident), Frank Vigil (retired Trinchera Ranch employee), Suzanne O'Neil (Colorado Wildlife Federation), Mike Kortouch (Colorado Parks and Wildlife), Brian Webster (Conservation Colorado), Ian Thomas Tafoya (Green Latinos) and others who provided on-record testimony during the committee hearing.