A swath of BLM land along the northern escarpment of Mesa Verde National Park is essentially off-limits to the public because it is bordered by private land.
The area previously was accessible at the county landfill and a two-track road off County Road F. Access from the landfill was reportedly closed off about 10 years ago to comply with state regulations.
At last Monday's commissioner's meeting, local resident Dave Dove urged the county to allow access to public lands beyond the landfill.
"We used to hunt back there, hike, bike and camp, but then it was suddenly blocked," Dove said. "The county has the authority to provide access again to those public lands."
The landfill is part of a Montezuma County property that borders BLM land to the east. An unmaintained road that veers southeast from County Road F is gated and locked.
The road passes through a parcel of land owned by the Cortez Sanitation District, then enters county land. It then accesses BLM land and meets the north-south Road 26.5.
Tim Krebs, manager for the Sanitation District, said Friday he was open to the idea of the public crossing the Sanitation parcel.
"We're not using it, and people should have access to their public lands," Krebs said.
The BLM land borders Mesa Verde National Park and Ute Mountain Ute tribal land to the south. Entering the park from the BLM land isn't authorized, and no trespassing is allowed on Ute Mountain Ute land.
Dove and other public-access advocates say the roads qualify as historic rights-of-way under the federal RS2477 statute, and should remain open.
Planning board member Dennis Atwater has fought to keep historic roads open on county and public lands. He agreed the roads qualify for RS2477 because of a long record of local use and their existence on historic maps.
"It was in use prior to October 21, 1976, and therefore qualifies as a historic right-of-way," he said. "I feel it should be open to the public also."
Mines on the BLM escarpment were used by earlier generations to collect coal to heat homes, Dove said.
"It's a nice area on public land that a lot of us feel was taken away for no good reason," Dove said.
County attorney John Baxter argued last Monday that an RS2477 road should be open. BLM manager Connie Clementson replied that RS2477 claims by the county must be filed and proved in court.
"That is our expectation. We will have to agree to disagree on that," she said.
On the county's road map, the two-track roads that cross county land to the BLM land is listed as "non-jurisdictional." They're not necessarily considered open to the public.
Landfill, road, and county officials were open to figuring out a way to allow public access to nearby BLM land, even if it is for walk-in, horse, and bike only.
"It is something we will start investigating," said commissioner Keenan Ertel. "One concern is that the landfill is expanding to the south and could one day intersect with the road."
The landfill property is a potential access point to the BLM land, but landfill manager Shak Powers said permits require the landfill to be fenced and locked after hours. If a public road were created to access the BLM land, it would have to be fenced off from the landfill, he said.
A shooting range used by the sheriff's office is also in the landfill area.
