HomeMy WebLinkAbout20050145.tiff THE DOW LAW FIRM, LLC
ATTORNEYS AND COUNSELORS AT LAW
TIMOTHY J.DOW,MBA,JD P.O.BOX 1578 #7 CLOCK TOWER SQUARE
PATRICIA T.DOW,CPA,JD,LLM* FORT COLLINS,COLORADO 80522-1578 323 SOUTH COLLEGE AVENUE
(970)498-9900 FORT COLLINS,COLORADO 80524
MAYO SOMMERMEYER,
LAWYER,LLC** OF COUNSEL FAX: (970)498-9966 •ALaonAoI uro PRACTICE
L&W IN!N NEBRASKA
E-MAIL: dow66,dowlaw[rtn.com
December 28, 2004
Mr. Keith MacIntyre Mr. Wade Willis
Town of Eaton Town of Windsor
223 First Street 301 Walnut Street
Eaton, CO 80615 Windsor, CO 80550
Mr. John Holdron Mr. John Frey
Town of Severance Town of Windsor
231 4`h Avenue 301 Walnut Street
Severance, CO 80546 Windsor, CO 80550
Weld County Board of Commissioners Monica Daniels-Mika, Director
P.O. Box 758 Weld County Planning Department
Greeley, CO 80632 918 10`h Street
Greeley, CO 80631
Re: Rails to Trails Conversion
Windsor/ Severance/ Eaton
Dear Interested Parties:
I represent the Larimer & Weld Canal (Eaton Ditch), the Roullard Lateral, the Hurich
Lateral, the Lucas Lateral and the Town Boyd Lateral. The proposed conversion of the railway
basically between the Town of Severance and the Town of Eaton involves properties and
facilities being operated by the above-referenced companies. These companies are all involved
in agricultural irrigation.
We are very much opposed to conversion of this railway to a trail system which would be
used by individuals for pedestrian and non-motorized outdoor recreation. This opposition is
founded in the following realities:
1. The proximity of this trail to ditch and irrigation systems and the crossing of these
systems constitute extreme dangers to the users. These, of course, can be mitigated to some
extent,but certainly not in their entirety.
j'i /G% c>S 2005-0145
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2. Recreational use is not compatible with the general fanning operations in that it
would expose private citizens to the dangers of heavy equipment being operated, the temptation
to meddle with farm equipment, accidents or injuries involving irrigation facilities, as well as
trespassing.
3. A major reality is the clear incompatibility with individuals using the recreation
facilities at the same time as aerial applications are being made to crops and croplands. There
would be no way for an aerial applicator to know that someone was out jogging or walking their
children on the trail as they were laying a path of malathyon on the corn!
There are certainly other hazards and concerns, but these are certainly the major ones that
come to mind. It is very clear to us that the conversion of this railroad right of way to an
urbanized-type trail system is totally incompatible with the current land use in the area.
Respectfully submitted,
MAYO SOMMERMEYER, LAWYER,LLC
Neyo Sommermeyer
MS/jrr
cc: Donn Engel
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