Water Law Basics column: Conservation easements one way agriculture is preserved

By Matt Annabel The continued viability of agriculture on the Western Slope has been the subject of many conversations this year with the drought, the booming population of Colorado and changing priorities of Colorado’s citizens. Generations of knowledge and values that have defined the Western Slope are kept alive on our farms and ranches. Preserving our communities and protecting wildlife habitat, open space and scenic views requires sustainable agricultural.
Sustainable agricultural production requires responsible stewardship and financial stability. Since 1976, Colorado has provided a mechanism for landowners to perpetually protect their lands and associated water rights, while enjoying financial benefits through the grant of a conservation easement. The landowner retains ownership of the property after a conservation easement is conveyed.
Conservation easements can be created only by a voluntary agreement between the landowner and a government entity or a charitable land trust created for that purpose. The landowner selects the governmental entity, such as Colorado Parks and Wildlife, or a land trust that best suits their goals, objectives and interests to hold the conservation easement. The Aspen Valley Land Trust and the Colorado Cattlemen’s Agricultural Land Trust hold many conservation easements in our area.
Aspen Valley Land Trust was organized in 1967 and is the oldest land trust in Colorado. To date, AVLT has conserved over 41,000 acres that protect local agriculture, rivers, wildlife habitat, recreational access, and outdoor educational opportunities in the Roaring Fork and Colorado River valleys. Roughly half of AVLT conserved lands lie within the greater Roaring Fork Valley, and half between Glenwood Springs and the Flat Tops north of De Beque.
The Colorado Cattlemen’s Agricultural Land Trust was formed in 1995 to help Colorado’s ranchers and farmers protect their agricultural lands and encourage the intergenerational transfer of ranches and farms. CCALT focuses on agricultural easements and encourages traditional activities such as farming, grazing, hunting, fishing and recreation on the land.
The first step in conserving a property is identification of the property values that the landowner wants to preserve and the rights they are willing to relinquish in order to conserve the property. Landowners have flexibility in selecting which property rights they are willing to give up in exchange for a conservation easement.
In instances where farming and ranching are identified as the conservation values of a property, easements can be used as a tool to compensate landowners for tying their water resources to the land, defining stewardship obligations and permanently restricting development. This preserves the land for agricultural production while maintaining the scenic landscapes and wildlife habitat that draw recreation and tourism dollars to our communities.
When an easement is granted, the current use and management of the land is usually maintained resulting in very little impact on daily activities. Public access is not a requirement for conveying a conservation easement, although the property owner is required to grant the land trust access for monitoring visits.
Conservation easements are typically monitored on an annual basis and visits are coordinated with the landowner. The annual visit …read more

Via:: Post Independent