A custom homebuilder in Durango is accused of illegally excavating on Bureau of Reclamation land near Lake Nighthorse and then lying to investigators about it, according to a federal indictment.
Kenneth Edward Asher was indicted in U.S. District Court in the District of Colorado by a grand jury in November on six counts: destruction of government property (resulting in damage exceeding $1,000), destruction of natural resources, trespass, unlawful off-road use and two counts of making false statements. The most serious charge – destruction of government property – could carry up to 10 years in prison and a $250,000 fine.
Asher is the owner and president of Asher Custom Homes and owns the company building new hangars for private planes at Durango-La Plata County Airport.
He was not deemed a flight risk and has been allowed to remain free on a personal recognizance bond.
According to the indictment, Asher is accused of destroying government property and natural resources on the southwest end of Lake Nighthorse in 2020 by digging, moving and disturbing soil, rocks and plant life. The BOR-managed reservoir is surrounded by federally managed lands, upon which the homebuilder is also accused of directing people to drive “earth moving equipment.” Asher also allegedly told authorities he thought he was on his property at the time.
Asher chuckled and declined to comment for this story and referred The Durango Herald to his attorney, who did not respond to requests for comment. The U.S. Attorney’s Office for the District of Colorado declined to provide any other details about the case, including the nature of the alleged excavation.
The indictment does not specify precisely where the alleged crime was committed, but narrows the area to 38 acres with a township and range description. Asher had ties in 2020 to the parcel directly abutting BOR land within that area, records show.
According to property records maintained by La Plata County and filings with the Colorado Secretary of State, Asher in October 2021 dissolved the limited liability company that owned the parcel from June 2020 until September 2021.
The crimes of which Asher is accused are alleged to have taken place from July 2020 to November 2020. The parcel was undeveloped at the time.
The buyer in the September 2021 sale commissioned the construction of a multimillion dollar custom home there, which was completed in 2024. The current owner said he was unaware of the ongoing legal proceedings and said there was no evidence of attempts to build a trail or road on the nearby federal land.
The current case against Asher is in the discovery process.
rschafir@durangoherald.com
