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Rico trustees agree to be third‑party beneficiary in ARCO use‑restriction
Summary
The Rico Board voted June 17 to be named a third‑party beneficiary in an ARCO declaration restricting hard‑rock mining on specified Dolores County parcels. Staff said the recorded restriction can proceed with or without town enforcement; trustees approved inclusion to keep the option to enforce.
The Rico Board of Trustees voted June 17 to approve including the town as a third‑party beneficiary in an ARCO declaration of use restriction covering certain Dolores County properties.
Town Manager Chauncey explained the document records mining restrictions beyond the town’s limits and, if the town is named a beneficiary, it would have the option — but not the obligation — to bring enforcement actions if future violations occur. He told trustees the agreement would likely be recorded in the county records even if the town asked to be removed, but being named preserves the town’s ability to act later.
Public commenter Alex Wing said residents supported restrictions that would prevent future mining on acquired parcels, and trustees discussed enforcement cost and liability in the event of litigation. Chauncey said the town would not be automatically liable for enforcement costs; if it prevailed in court it could seek recovery but would need to weigh legal expenses.
Trustee (mover) made a motion to approve the town’s inclusion as a third‑party beneficiary; another trustee seconded. The board approved the motion by voice vote.
The decision keeps an enforcement option available but does not obligate the town to litigate. The board did not adopt additional enforcement policy at the meeting; staff said the town can request edits to the recorded language if trustees later decide not to be a beneficiary.
