Noticias

Bear Creek Preserve Conservation Efforts Face Uncertainty Amid Mining Claim Sale

TELLURIDE, Colo. — Since the mid-1990s, the Bear Creek Preserve has served as a leading example of public access to open space. Created in partnership with the San Miguel Conservation Foundation, which holds the conservation easement, Bear Creek remains free for public use and access.

In early February, a listing went public for 33 acres of patented mining claims in Bear Creek for $15 million. The listing gained attention from state and national news outlets, raising concerns about the future of the Bear Creek Preserve.

Located adjacent to the preserve, the five mining claims include the main Bear Creek Falls area and land above. However, only one of those claims is fully owned by the seller, said San Miguel Conservation Foundation Executive Director Chris Hazen.

“Four of the five claims that are for sale are fractionally owned, and we, the San Miguel Conservation Foundation, do have a small percentage ownership in those four mining claims,” Hazen said. “We are a partner to a landowner that is selling this land. We actually have a relationship with this landowner and have worked with them since 2016, trying to find a path toward conservation. To date, we haven’t been able to find common ground on that.”

Development Potential Limited

Listed in San Miguel County’s High Country Zoning area, the claims face strict development limitations. Telluride commercial real estate broker and former expert witness in past Bear Creek mining claim settlements, Dirk de Pagter, emphasized the constraints.

“I’m very familiar with the San Miguel County land use code, so the development potential here is very limited,” de Pagter said. “You may be able to have a site for an 800-square-foot residential structure, and that’s about it. I’m not sure how you service it—maybe with a helicopter.”

The listing is being handled by real estate broker Shane Jones of Pagosa Springs, who said preservation is the best option for the property.

“Really, at the end of the day, the highest and best use of this property is preservation,” Jones said. “What needs to happen is the property needs to be acquired and put back in the public domain. That’s what I would like to see, and I think I can speak for my client—that’s ideally what would happen.”

However, at $15 million, de Pagter said the price is far above what conservation groups are likely to pay.

“I was saying, well, if you want to try to sell these, the value to the conservation entities is probably $400,000 to $450,000, and that’s pushing the limit,” de Pagter said. “That’s basically trying to get a tax deduction for what you’re giving up.”

Hazen said the San Miguel Conservation Foundation is the best partner for preservation, but the price remains a major obstacle.

“I’d be lying if I said I wasn’t disappointed when I saw that listing on Zillow,” Hazen said. “The price point is at a level that just makes it hard to perfect a conservation transaction on the property. That’s our role and our interest—acquiring lands that are directly adjacent to the preserve and incorporating them into the preserve.”

Town of Telluride Weighs In

Telluride Mayor and real estate broker Teddy Errico said the town is unlikely to meet the current asking price.

“I don’t think the town is going to write a check for $15 million for something that’s so low impact,” Errico said. “Certainly, if the price was more reasonable, maybe we would look at it with the open space fund. We’d have to work with San Miguel County, since it’s their jurisdiction, and consider their thoughts as well.”

Jones said he consulted top land-use valuation experts and maintains that the current price is a discount. The owners of these claims, he said, have already contributed significantly to Telluride.

“They’ve been the biggest donors to the town of Telluride based on the economic value that Bear Creek Falls provides the town,” Jones said.

As for access, the claim with sole ownership begins just where Bear Creek Falls ends. Jones warned that limiting access could have a significant impact.

“It’s kind of crazy to me to think that if this was fenced up or posted with ‘No Trespassing, Violators Will Be Prosecuted’ signs and surveillance cameras, the impact would be great, and the experience would be considerably degraded,” Jones said.

For now, Errico said the town has time to react, and he does not anticipate immediate changes to how the community enjoys Bear Creek. Hazen encouraged the public to stay informed.

“I understand that this may be personally stressful for a lot of people who like to use Bear Creek, and I sympathize with them,” Hazen said. “Often, people have a lot of questions, and we all know what the Telluride rumor mill can do. I encourage people to talk to members of the open space commission if they have questions. I’m certainly available to anyone who would like more background and might consider engaging with us to help find a solution.”

Currently, the Bear Creek Preserve spans 325 acres, is surrounded by U.S. Forest Service land, and provides year-round access for visitors and residents along several recreational trails.