By Mary Wolbach Lopert
There’s an old adage that says if you want to keep your friends, never discuss politics or religion. Niwot/Gunbarrel area residents probably should add prairie dogs to the list. Prairie dogs and their habitat can generate heated discussion from both sides of the fence. Now something is being done to keep the critters on their side.
The Wild Places, in conjunction with Wildlife Legacy Trust and Boulder County Parks and Open Space, has erected a metal barrier at the corner of Highway 52 and North 79th Street, which will hopefully keep the animals in their habitat, especially with the construction proposed for the intersection. The barrier is 642 feet long, two and a half feet high, and extends below ground by another two and a half feet.

“The thought behind barriers for prairie dogs is that what they can’t see, they won’t burrow to,” said Susan Honeycutt from The Wild Places. “It is basically a visual barrier even though we did go deeper because we’ve found with the existing (vinyl) visual barriers, they will come up against them and start digging around the bottom and start exploring. Because the vinyl barriers are so shallow they end up getting under them. While the primary purpose of the metal barrier is visual, it will discourage them from coming up and digging,” Honeycutt said.
Honeycutt said the black-tailed prairie dogs are considered “warranted but precluded” for protection as a threatened species. What that means is the US Fish and Wildlife Service has determined that (the animals) do qualify as a threatened species, but they don’t have the budget to do anything about it.
According to Sharon Greenleaf La Pierre of Wildlife Legacy Trust, the barrier project “came about and its purpose is supposed to be a model for the community in terms of collaborating with the county for wildlife issues…Every spring the first year males get kicked out and in that process hundreds of them get killed.”

In an effort to prevent these deaths, La Pierre contacted Theresa Glowacki of Boulder County Parks and Open Space. The Wildlife Legacy Trust paid about $3500, while Parks and Open Space paid approximately $1500 for the barrier. “My purpose was to make it a model and to protect that small, little habitat,” La Pierre stated.
Honeycutt hopes the barrier will discourage prairie dogs from coming up to the road and making burrows. They still have plenty of room to migrate. The barrier will also slow down the expansion of the colony to other areas.
Unfortunately, when the barrier was erected, it cut off a female from her burrow and her babies. Honeycutt has been on site trapping the babies and moving them from the roadside to within the barrier.
Honeycutt also stressed that sight barriers do work, but must be made from the right material. Vinyl barriers don’t hold up to the extremes of Colorado weather and are high maintenance. Because of the poor reputation of vinyl barriers, “People immediately dismiss visual barriers as not a management tool for prairie dog colonies,” Honeycutt said. “What we are trying to prove is that (barriers) are a management tool, if people would just build them right. They can be highly effective is they are just done right.”
The Wildlife Legacy Trust is a fund of the Community Foundation Serving Boulder County located at 1123 Spruce St., Boulder CO, 303-442-0436. Their email address is <commfound@aol.com> and the website is <www.commfound.org>. To contact The Wild Places call 303-546-9478.
Do you have strong feeling on prairie dogs? The Courier is interested in hearing from you. Email the Courier at
Photo by Mary Wolbach Lopert
Hopefully this metal barrier will deter prairie dogs from borrowing too close to the Highway 52 and North 79th Street intersection. The traps were placed to remove the babies from roadside burrows.
Photo by Mary Wolbach Lopert
Susan Honeycutt of The Wild Place captured this female prairie dog. She and her babies will be safely placed behind the metal barrier.
CDOT Moves Forward On SH 52/SH 119 Interchange
By Hsun Chen
The Colorado Department of Transportation (CDOT) has been considering renovating the intersection of State Highway 119 (Diagonal Highway) and State Highway 52 (Mineral Road) since 2001.

CDOT held public meetings at the Left Hand Grange Building in Niwot on December 11 and March 19 to get input from residents about the proposed project designs.
Since then, a “preferred alternative” has been chosen from the various possibilities, and CDOT representatives say they are going ahead with the plan.
Several plans had been suggested for the interchange just east of IBM to accommodate the heavy traffic in the area, especially during peak commuter hours. The alternatives specified various ways to remove the existing at-grade Burlington North Sante Fe (BNSF) railroad crossing at SH 52.
The plan CDOT is forwarding to final design is referred to as “Alternative C.” This layout places SH 52 over both the BNSF rail line and SH 119, and utilizes a standard diamond interchange to keep traffic flowing through the area efficiently.
Carol Parr, a biologist with CDOT’s environmental planning unit, confirmed on May 12 that Alternative C remained the design choice for revising the intersection. The design utilizes a southern re-alignment of SH 52 to facilitate traffic flow while construction is under way. The planned development of a hotel on the northeast side of the intersection also affected the decision to shift SH 52 south to allow for the necessary entrances and exits to the hotel complex.
“It’s not a detailed design _ it’s very preliminary,” Parr said. Parr was at both meetings at the Left Hand Grange; she described the turnout as “really good.” Over 60 local residents were at the first meeting, and about 40 people attended the second.
At the December meeting, most of the concern was centered on bicycle access across the proposed exit ramps, according to Parr. She said she received positive responses to the proposed solutions at the meeting in March.
A considerable number of concerned citizens contacted CDOT about the SH 52/119 interchange, mostly via e-mail.
The topics of the comments included pedestrian use, the proposed Longmont-Boulder (LOBO) multi-use trail, safety of the new interchange, effect of the new interchange on the view corridor, and the possibility of commuter rail.
The vast majority – 120 respondents – showed concern with the project’s impact to black-tailed prairie dogs in the area.
“CDOT’s a big operation _ we’ve seen good things from CDOT as well as not-so-good things,” said David Crawford, executive director of Rocky Mountain Animal Defense (RMAD). “There’s variation from region to region within CDOT, with different staff people making the calls.”
Crawford said that a representative of CDOT brought the issue of prairie dog colonies near the SH 52 and SH 119 interchange to his attention in late February, 2003 at the Colorado Prairie Dog Technical Conference in Fort Collins. “We appreciate that CDOT gave us the heads-up on this,” he said.
Still, Crawford doesn’t see that it is possible to revise the interchange without affecting the existing colonies.A memo written by CDOT executive director Tom Norton on January 8, 2002 details guidelines in regard to black-tailed prairie dog colonies. The memo, addressed to the CDOT executive management team, states that “projects should be designed and constructed in such a way as to avoid and minimize impacts to Black-tailed Prairie Dog towns or colonies,” and that “Prairie Dogs adversely affected by projects should be trapped and relocated.”
Even so, Crawford said that CDOT poisoned a colony of prairie dogs earlier this year near Sedalia in order to perform highway expansions on SH 67 and SH 85.
Crawford pointed out that even relocation should be avoided, as typically 50 to 70 percent of relocated prairie dogs die.
“Black-tailed Prairie Dog populations are down to one to two percent of their historic size,” Crawford said. The revision of the intersection is deemed necessary because existing roadways at SH 52 and SH 119 are “over-capacity” and have “undesirable design aspects for the existing and projected traffic volumes,” according to CDOT.
CDOT forecasts that daily traffic volumes on the Diagonal Highway will increase by over 80 percent – up to about 55,000 vehicles per day (VPD) – by the year 2025. Traffic density on SH52 is projected to reach 25,000 VPD by 2025, more than double its current daily volume.
Interestingly, the interchange update project at SH 52 and SH 119 was originally planned to be at Jay Road and SH 119, according to Helen Pieker, CDOT project manager.
In July of 2001, Boulder County conducted a study of the SH 119 corridor and determined that the SH 52 interchange would be preferable to Jay Road for revision, Pieker said. The county wrote a letter to CDOT requesting that the project be moved; CDOT complied.
No one seems to know when – or even if – the intersection renovation will take place.“In the current plan, the funds are available fiscal year ’05, which would be July ’04,” said Pieker. “As far I’m concerned, it’s funded and we are proceeding with the design.”
Pieker stopped short of saying it was definite, though. “Things get changed all the time.”
For more information on CDOT projects, go to <www.dot.state.co.us>. More information about preserving prairie dogs is available at <www.prairie-dogs.org>.
This computer-generated image from CDOT depicts the proposed revision of SH119 and SH52, looking northeast.
Service District Reps Explain Workings, Plans
By Charmaine Ortega Getz
About 70 locals got an earful at a “State of Niwot” town meeting held at the Grange in early May from a variety of local government officials. And according to Neal Anderson, president of the Niwot Community Association, most appeared to appreciate what they heard.
Anderson kicked things off with the reminder that while Niwot is in unincorporated Boulder County, most of Niwot’s services are provided by independent districts.
With that, the May 7 meeting — to familiarize Niwot residents with the state of current and future services and to discuss any major issues that the districts face –- got down to business.
Representatives of the various district service providers made brief presentations and answered questions. The following is a summary:
Boulder Country Sheriff, Deputy Ken Rosales:
Mountain View Fire Protection District, Chief John Devlin:
Anderson said, “Most attendees left the meeting with a much better understanding of how they receive crucial services. The general sense was that these districts are well-managed and that we are not facing any major issues. The attendees expressed their appreciation for the time and efforts of the various presenters.”
By Bruce Warren
“Step Back In Time” is the theme for Niwot’s 27th annual Nostalgia Day celebration, scheduled for Saturday, Sept. 6. According to Fund Raising Chair Connie Herbst, the all-day event will feature a quilt showcase at the Grange Hall and an antique appraisal booth among activities designed to highlight the historic nature of the town.
The day begins with the traditional pancake breakfast, put on by the Niwot Optimist Club. A parade through the commercial areas of Niwot featuring the Shriners and their cars is planned for the morning.
The old town area will offer activities for children and assorted booths, while Cottonwood Square Shopping Center will host a free evening dance, featuring the Fab Four and several food booths. The Fab Four, with Niwot High grad Ron Moulton, performs Beatles tunes, complete with British accents and Sergeant Peppers’ Lonely Hearts Club Band outfits.
The Fab Four has performed the past several years at the Niwot High School Education Foundation Gala to rave reviews.
Herbst estimates that $10,000 is needed to fund the activities and the dance. Businesses and individuals may sponsor the event by contacting Herbst at <Dherbst703@cs.com> or 303-652-3934. Sponsors who commit prior to July 1 will be recognized in the publicity for the event.
Happy Schaffner is coordinating the parade this year. She can be reached at 303-652-2557. Bonnie Nelson at <twonelsons@attbi.com> is handling booth information.
Nostalgia Days began in the mid-1970s through the Niwot Community School under Director Dale Cook. At that point, a Community School Council organized the celebration. Within a few years, the Niwot Community Association took responsibility for the event, and continues in that role today. The NCA welcomes volunteers who would like to assist with the event.
Rocky Mountain Christian Academy Expansion Approved
By Thomas George
Despite objections by the Planning Commission and staff, the Boulder County Commissioners approved a temporary expansion of the Rocky Mountain Christian Academy at 95th and Niwot Road.
The commissioners’ decision permits the Academy to add a 7,200 square foot modular unit to its campus at Rocky Mountain Christian Church. The school will also be permitted to increase the student body from 260 to an eventual 380.
The new building will ease current space constraints, and will allow the addition of seventh and eighth grades to the school’s current pre-kindergarten to sixth grade program. The building is to remain on the site no longer than three years, after which the church plans to replace it with a permanent structure, though such a structure would need county approval as well.
Principal Brett King, said the staff is “very excited about the opportunity. Our growth has been much more than we expected. Bottom line, we really have the demand for it.” According to King, the school currently has more than 30 students on its waiting list.
King also pointed out that the expansion is a boon to the community. He said that dozens of community groups use the facility, including the Boy and Girl Scouts, and, occasionally, Niwot High School. With space increasingly limited, some of the community groups were in danger of being sent elsewhere.
While the families at the school are excited to move forward with the expansion, county planners have their concerns. The County Planning Commission, an advisory board to the County Commissioners, voted 6-to-0 to recommend a denial of the expansion. In a report filed by County Staff Planner Greg Oxenfeld, the commission found that additional development on the church’s property “will not be in harmony with the neighborhood or compatible with the surrounding area.”
The church, which relocated to its current site in 1986, was permitted to expand and to build the school in 1997. The Planning Commission recommended against the 1997 expansion as well, finding that a school located on property designated as Agricultural Lands of National Importance would result in an “over-intensive use of the land.”
Still, commissioners found no reason to deny the current expansion. “It [the expansion] did not seem to have any particular growth impacts,” explained Commissioner Paul Danish. Commissioners also cited the temporary nature of the expansion, the assent of the Niwot Community Association and a lack of public objection in their decision.
While the commissioners made a point to note that the approval of a temporary expansion does not signify a nod to a future permanent building, they acknowledge that their authority in this case is somewhat limited. Current federal law “puts limits on governments’ ability to regulate religious institutions,” Danish said.
The Religious Land Use and Institutionalized Persons Act of 2000, signed into law by President Clinton, allows local governments to limit the land use of a religious organization only when “the imposition is the least restrictive means of advancing a compelling governmental interest.”
The exact implications of the Act are not yet known. A previous act, similar in nature, was ruled unconstitutional, but the current act is relatively untested.
Regardless of challenges to federal law, Rocky Mountain Christian Academy will add its new unit prior to July 1, and will have its new course offerings ready for the 2003-04 school year.
By Mary Wolbach Lopert
Where has the time gone? Wasn’t it just yesterday we were watching nervously as the big yellow bus gobble them up on their way to first grade? Now they will be packing their bags for whatever life has in store for them.
To the class of 2003, we wish you smooth sailing, clear skies and the happiest and healthiest of lives.
First Graders 1991-1992 - How They Looked Then (title for 4 grade school pics)

Mrs. Loran’s Class
Front Row: Laura Nadlonek, Nick Reed, Diana Croft, Sam Schabacker, Becca Bowman, Justin Mirarck, Lauren Pearson, Shae Shanahan, Mrs. Loran. Second row: Tim Keister, Corey Paschke, Kelly Berrigan, Alexandra McLane, Nina Sclafani, Shire Kirkpatrick, B.J. Green. Third Row: Katie Colvin, Valerie Stull, Angela Sheffield, Alicia Rodgers, Beth Perry, Rachel Kast. Fourth Row: Kurt Heineman, Kristina Tafoya, Colin O’Donohue, Justin McKnight, Ashely Henzel.

Mrs. Percifield’s Class
Front Row: Nikki Nelson, Jimmy Bowron, Daniel Jones, Ryan McDermid, Aaron Tritt, Abby Brandemuehl. Second Row: Callie Jones, Lizzy Asmuth, Greg Simonds, Priya Rao, Jessica Jones-Hughes. Third Row: Kelly Crist, Chris McRoberts, Suzi Geidel, Shelly Govin, Nick Bucher, Jill Wierzba. Fourth Row: Don Deere, Kristy Ellis, Jennifer Zimmermann, Emily Hurianek, Zack Klein, Lena Heilmann, Jacob Dickes, Not Pictured: Genny Easland.

Ms. Reese’s Class
Front Row: Eric Morrissey, Britton Mahan, Thomas Quesenbery, Cassie Chapman, Cory McGinnis, Ryan Griffith, Lindsay Marek, Brandy Dolan, Ms. Reese. Second Row: Shay Blessing, Dyle Daggett, Merrill Henson, Cara Candler, Deanna Doughty, Jeff Furnay, Nick Noterman. Third Row: Olivia Tritt, Sammy Jo Barnett, Alex Taufer, Shoshanna Howard, Matt Parker, Kaushoua Yang. Fourth Row: Spencer Crosser, Alicia Gettel, Elizabeth Williams, Maggie Johnson, Charles Swan.

Mrs. Richardson’s Class
Front Row: Mrs. Richardson, Sarah Rosen, Jake Robles, Joel Lahman, Elise Bishop, Mack Sales, Hona Peyton, Steve Journey. Second Row: Sean Carpenter, Sara Klingenstein, Haila Ashley, Nick Tangye, Gwen Furones, Ken Kanowitz, Brendon Kukral. Third Row: Caleb Montoya, Sarah Etter, Kerry Ritchie, Neal Price, Stephanie Humbles, Kristen Seuberling. Fourth row: Ann Packard, Chad Taylor, Andy Foote, Alison Noisat, Kristen Swenson.

Niwot High School – 2003
What They Look Like Now (title for small high school pic)
Front Row: Ken Kanowitz, Adam De Mersseman, Ann Packard, Beth Perry, Merrill Henson, Ashley Henzel, Lauren Pearson, Genny Easland, Lena Heilmann, Alicia Grettel, Brandy Dolan. Second Row: Scott Settle, Justin Mirarck, Chad Taylor, Shoshanna Howard, Joel Lahman, Sean Capenter, Spencer Crosser, Jessica Jones- Hughes, Jill Wierzba, Emily Hurianek.
Yesterday’s News
Good To The Last Drop
By Anne Dyni
Many homeowners are concerned about maintaining their healthy lawns and gardens while conserving water. While this affects the cosmetic aspects of our urban lifestyles, we tend to forget those whose livelihoods depend on a steady supply of water.
Ever since 1859, farmers and ranchers along the Front Range have tapped into the major streams pouring out of the foothills and onto the plains. Settlers who came from more humid climates quickly learned that spring rains here invariably gave way to the hot dry days of summer and that their crops and livestock could not survive without a dependable water supply.
They soon realized that the traditional concepts of American water law did not apply to lands west of the 100th meridian. The Riparian Rights doctrine practiced in the eastern states allowed for only limited use of rivers and streams by adjacent property owners. The primary goal was to protect a river’s flow to enable navigation and to ensure waterpower for the operation of flour and saw mills. Successful agriculture back east was dependent almost entirely upon rainfall.
But when Colorado attained statehood in 1876, the Doctrine of Prior Appropriation was included in its charter. This western version of water law simply meant “first in time, first in right.” Those who were first to adjudicate their water rights in the courts were allowed to take water before those who filed later. By 1899, Colorado ranked first in the nation in the number of acres irrigated.
St. Vrain and Left Hand creeks empty into northern Boulder County. The Left Hand Ditch Company, which controls all of the flow from Left Hand Creek, was issued its first water decree in 1863 and provided irrigation water for much of the Niwot area.
Protection of water rights occasionally brought out the worst in people. Issues that are handled in court today were settled in the fields in earlier times. To counteract a neighbor’s continual practice of plugging his headgate with weeds, one farmer in the Davidson district simply put a beehive on it.
Under the pen name “Phatt Boy,” Niwot resident Charles Wright reported in the Boulder News and Banner about “another fracas between the peaceful ranchmen of this happy locality.” Naming no names, he described a fistfight that quickly escalated into dueling shovels. It ended abruptly when one of the farmers was struck in the ribs and fell to the ground. To quote Wright, “Time, ten seconds ... irrigation rules.” It’s easy to see why early water commissioners wore badges and carried guns.
When the late Lee Forsythe was asked if new housing developments impacted his job as ditch rider, he responded with a resounding “Yes.”
He explained that new homeowners are often unaware that ditch easements were created to facilitate ditch maintenance and repair. “When people buy property,” he said, “they don’t have any idea what irrigation is and will invariably want to build a fence right along the ditch bank or plant a lot of trees there.”
As new “settlers” arrive along the Front Range, the issue of water rights continues to influence the livelihood of Boulder County’s agricultural families.
1 pic (YESTER)