Saguache County denies Horus Energy 1041 waiver for Sand Dune Solar project

On Feb. 3 the Saguache County Board of Commissioners voted 3-0 to deny any pending or future 1041 pre-application waivers from Horus Energy for its Sand Dune Solar Project.

Commissioner Liza Marron moved that “Saguache County does not grant any pending or future waivers in the 1041 pre application process for Horus Energy.” Commissioner Lynne Thompson seconded the motion and the board recorded votes in favor from all three commissioners; the motion carried.

The vote followed a public comment period in which three residents — Jeff Phillips, Buddy Frank and Marcella Friel — told the board they were concerned that Horus had been allowed to bypass steps in the county’s 1041 review process. Public commenters asked the board to withhold waivers and ensure the county’s procedural requirements are followed before any project advances.

After the public comments and discussion the board entered executive session under Colorado Revised Statutes 24-6-402(4)(b) to receive legal advice on retaining outside counsel for enforcement of 1041 developments; County Attorney Brad Crowell certified the discussion contained confidential attorney-client information and the session was not recorded. The board reconvened in open session and recorded the formal denial of waivers.

Board Chair Tom McCracken and Administrator Wendi Maez also noted the county is coordinating with Land Use staff for follow-up on materials the landfill presenters provided and on other land-use referrals tied to the project review.

Votes at a glance: - Motion: Increase Department of Social Services credit card to $10,000 for two months. Mover: Commissioner Lynne Thompson. Second: Commissioner Liza Marron. Vote: 3-0. Outcome: Approved. - Motion: Approve sale of county gravel crusher (purchased 2010) to fund other equipment. Mover: Commissioner Liza Marron. Second: Commissioner Lynne Thompson. Vote: 3-0. Outcome: Approved. - Motion: Approve District Attorney salary increase required by Senate Bill 24-013 (county share $6,588.13 beginning July 1, 2026). Mover: Commissioner Liza Marron. Second: Commissioner Lynne Thompson. Vote: 3-0. Outcome: Approved. - Motion: Authorize Administrator Maez to sign applications and request fee waivers for Casita Park housing and related tap/sewer waivers. Mover: Commissioner Liza Marron. Second: Commissioner Lynne Thompson. Vote: 3-0. Outcome: Approved. - Motion: Hold a special meeting on Feb. 10, 2026, to consider the Tim Reinen consulting contract required by DOLA. Mover: Commissioner Liza Marron. Second: Commissioner Lynne Thompson. Vote: 3-0 (after an earlier failed attempt). Outcome: Approved. - Motion: Offer County Road 52.5 to the State Land Board as a candidate area for sage-grouse conservation. Mover: Commissioner Tom McCracken. Second: Commissioner Lynne Thompson. Vote: 3-0. Outcome: Approved. - Motion: Table Sugar Shack liquor license delivery application pending Land Use review. Outcome: Tabled. - Motion: Approve multiple planning commission appointments and reappointments (Richard Drake, Joe Buckley, Anoush Farhangi, Peter Callahan, Rebie Hazard, Sarah-Jane Weisberg, Jeff Phillips, Jason Ensz). Outcome: Approved unanimously.

What happens next: The denial of waivers is a procedural decision at the pre-application stage; it does not itself approve or deny a broader permit or project. The board’s executive-session discussion about outside counsel indicates the county is evaluating enforcement and legal options related to 1041 developments. Land Use staff will handle follow-up on materials directed to that office.

Sources: Saguache County Board of Commissioners regular session minutes, Feb. 3, 2026 (actions and motions recorded by the clerk).