Montrose County approves Redwall Minor Subdivision despite land-and-ditch easement dispute

The Montrose County Board of County Commissioners approved the Redwall Minor Subdivision after a public objection about a private land-and-ditch easement.

Planning staff summarized the minor subdivision and reported that a waterline along the Shavano Valley Road portion of the parcel is not located within a recorded easement and that staff found no recorded agreement between adjacent property owners. Staff told the board the plat, as shown, meets Montrose County subdivision regulations and the planning commission recommended approval.

At a public hearing, David Reed, representing the applicant, said he had no additional comments and urged the board to adopt the motion. Local landowner Matt Miller then told the board the Miller family holds a land-and-ditch easement dating to 1921 that crosses all three proposed lots. "The plat does not show the width of the land and ditch," Miller said, and it "is not even labeled the land and ditch easement as an easement. It just says Miller pipeline." He argued that dedicating public utility easements over his private easement could transfer liability to the county and asked the board to table the item until the developer reached an agreement with the Miller family.

County legal counsel responded that recorded easements shown on the plat are accurate and that a prescriptive easement would need to be established between parties or in court. Counsel said approving a subdivision that complies with recorded documents does not extinguish private rights and expressed no concern that the county would automatically assume liability.

Commissioners discussed that the easement dispute appeared to be a private matter between the landowners, acknowledged Miller's concerns about his operation, and emphasized the county's role in confirming compliance with recorded documents. One commissioner said staff had done its due diligence.

A commissioner moved to approve the Redwall Minor Subdivision based on findings that the proposed subdivision complies with Montrose County subdivision regulations and development standards for the general agricultural zoning district, with a condition that all lots access directly onto Shavano Valley Road. The motion was seconded and approved by voice vote. The board did not record a roll-call tally in the transcript. "Motion carries," the chair said.

Next steps: staff will record the approval and any associated conditions; Miller's concerns about the private easement remain a civil matter the transcript shows the board expects the parties to resolve or pursue in court if necessary.