11/07/2023
The State Lands Action Team is a volunteer, grassroots committee opposed to the Columbus Peak Ranch Land Exchange for numerous reasons including the following:
1. Since 1890, more State Trust Land in Sheridan County has been lost in sales and exchanges than any other county in Wyoming.
2. It appears from the Detailed Analysis and other sources that the intention of the Office of State Lands and Investments (OSLI) in this Exchange is to use the private land on Dayton East Road for real estate development. If so, the public would then lose recreational access to both the current 560 acres of State Trust Land and to the proposed 628 acres to be acquired, for a total potential loss of public access of approximately 1,188 acres. Sheridan County residents have also been impacted by the loss of two very popular Walk-In recreation areas.
3. Besides the mule deer, white tail deer, and antelope mentioned in the exchange application, the State Trust Land is frequented by a herd of over 200 elk, several geese and duck species, a very large smallmouth bass population, sharp-tail grouse, sand cranes, and a rich variety of non-game animal and plant species. According to WGFD stocking permits, rainbow trout and bass were planted with reports and supporting photo showing the trout growing to about 5-6 pounds. On adjoining properties within ½ mile of the State Trust Land for trade, numerous mountain lions have been photographed as well as black bear and moose.
4. As described by a local professional wildlife biologist using personal observation and WGFD data, the State Trust Land parcel is not within any officially designated ‘critical’ or ‘crucial’ habitat for wildlife or aquatic resources; but it is part of a contiguous ridge that connects directly with elk crucial winter range and an elk parturition (calving) area, both of which are about 1.5 miles (easy walking distance for elk) from the western edge of the State Trust parcel proposed for exchange.
5. We believe, respectfully, that the landowner may have been mistaken when he wrote that “the private lands and state lands offer the same quality of recreational opportunity.” This is contradicted by local residents and, apparently, by the appraiser who wrote about the private land on Dayton East Road, “Recreation possibilities are limited due to size but may include some wildlife that migrate through the property that are attracted to the seasonal reservoirs and adjacent hayfields.”
6. WATER: Despite claims to the contrary, the State Trust Land being traded has far
more water than the Dayton East property offered in exchange by Columbus Peak Ranch. The surface area of the State portion of the two reservoirs exceeds about 12.3 acres as compared to about 3.3 acres for the intermittent reservoirs on Dayton East. Because the Bear Claw Love #1 reservoir is about 44 feet deep with a capacity of over 265 acre feet (over 86 million gallons), the ½ on State Trust Land far exceeds the intermittent reservoirs on Dayton East.
7. We believe that the existing and potential water value of the State Trust Land is too valuable to exchange for several reasons:
Irrigation permits show the State Land and Farm Loan Office, which was renamed the State Board of Land Commissioners in 1997, as co-applicants indicating State water rights in Bear Claw Reservoir #1 of at least 53 acre feet. This water could range in value from about $4,000/year for irrigation to $260,000/year for commercial use both of which far exceed the grazing lease. The water might also be used as a minimum pool to aid in restoring an excellent trout fishery.
Most of the water that feeds Bear Claw Love Reservoir #1 sources from a mountain tributary, Smith Creek, through an irrigation ditch known as Davis Canal. It has been said that if you dig near Smith Creek in the vicinity of the State Land, you’ll hit water in a few feet. Other intermittent tributaries also feed the State reservoirs.
The Wyoming State Geologist Office has indicated that the Madison Formation might be reached within “very roughly 4800 feet” below the SWNW ¼ ¼ of Section 22 of the State Trust Land. It was also suggested by SGO that it could be thousands of feet deeper or thousands of feet shallower. A nearby well, “updip” from the State Land, drilled in 1932 reached the Madison at about 1300 feet. Other artesian wells can be found to the east and the west of the State Trust Land. We maintain that the private land on Dayton East does not have comparable water sources or potential artesian sources.
8. The Detailed Analysis contains a number of errors and omissions which created considerable confusion and frustration for the public. One example of this can be seen on p. 5 where the State Trust Land was described as being 4 miles east of Dayton which would put it 6.5 miles east of the Big Horns while it is actually at the base of the Big Horns with different habitat, elevation, and precipitation levels.
9. We believe that the 2020 Appraisal of the two properties is obsolete with comparables from 2014, 2016, 2016, 2016, and 2020; and we believe that a current independent appraisal will give an accurate assessment of the value of the two properties and that the difference in the values will likely exceed OSLI guidelines. A current private appraisal from September of 2023 of the State Trust Land indicates that the State’s 560 acres has more than doubled in value since 2020.
10. Some residents of Sheridan County along Dayton East Road may be directly affected by the Exchange and have expressed concerns about fi****ms safety near their homes, increased risk of grass fires, overgrazing, dust, and eventual real estate development. The Detailed Analysis and the 2020 Appraisal show numerous encumbrances on and through the private property including 2 (two) oil and gas pipelines and a natural gas pipeline that feeds the Town of Dayton. The appraisal also indicates that “home building sites on the south portion of Dayton East Road would need to be consulted with an engineer as there have been some active landslides in certain areas.”
11. The climate of negotiations has ranged from understandably cautious to very cordial. Multiple proposals and counter proposals have been made, but nothing has been mutually supported. The process was delayed considerably when Columbus Peak Ranch did not respond to a committee offer from April 2022 to April 2023. Failed attempts by CPR to untable the Exchange before the State Board of Land Commissioners have created some degree of mistrust. CPR has shown an increased propensity to negotiate after the August 2023 SBLC meeting, but issues such as draining the reservoir, which would kill the fish, have been an obstacle. In addition, a survey at the Oct. 4, 2023 Public Hearing with about 150 residents in attendance indicated 97% opposition to further negotiations between the State Lands Action Team and Columbus Peak Ranch.
12. Maybe some land exchanges benefit the community as well as the landowner, but we believe that this one does not. In the words of our Sheridan County State Delegation in 2021, “Once a land exchange is consummated, it is irreversible, gone forever. Because of their finality, they ought to be subject to extremely high levels of scrutiny, far beyond what the current process entails. As such we cannot support the proposed exchange and formally oppose it.”
To voice your concerns regarding the Columbus Peak Ranch Land Exchange, please contact your Individual State Board of Land Commissioners or your Office of State Lands and Investments.
Thank You, Rick Clark, SLAT Chairman “[email protected]”
Mark Gordon-Governor Chuck Gray-Sec’y of State Kristi Racines-Auditor
307-777-7434 307.777.7378 307.777.7831
[email protected] [email protected] [email protected]
Curt Meier-Wyoming State Treasurer Megan Degenfelder- Supt. Of Public Instruction
307-777-7408 307.777.7675
[email protected] [email protected]
Jason Crowder-Dept. Director at Wyoming Office of State Lands and Investments
[email protected] 307.777.3428
The State Lands Action Team is a volunteer, grassroots committee opposed to the Columbus Peak Ranch Land Exchange for numerous reasons including the following:
1. Since 1890, more State Trust Land in Sheridan County has been lost in sales and exchanges than any other county in Wyoming.
2. It appears from the Detailed Analysis and other sources that the intention of the Office of State Lands and Investments (OSLI) in this Exchange is to use the private land on Dayton East Road for real estate development. If so, the public would then lose recreational access to both the current 560 acres of State Trust Land and to the proposed 628 acres to be acquired, for a total potential loss of public access of approximately 1,188 acres. Sheridan County residents have also been impacted by the loss of two very popular Walk-In recreation areas.
3. Besides the mule deer, white tail deer, and antelope mentioned in the exchange application, the State Trust Land is frequented by a herd of over 200 elk, several geese and duck species, a very large smallmouth bass population, sharp-tail grouse, sand cranes, and a rich variety of non-game animal and plant species. According to WGFD stocking permits, rainbow trout and bass were planted with reports and supporting photo showing the trout growing to about 5-6 pounds. On adjoining properties within ½ mile of the State Trust Land for trade, numerous mountain lions have been photographed as well as black bear and moose.
4. As described by a local professional wildlife biologist using personal observation and WGFD data, the State Trust Land parcel is not within any officially designated ‘critical’ or ‘crucial’ habitat for wildlife or aquatic resources; but it is part of a contiguous ridge that connects directly with elk crucial winter range and an elk parturition (calving) area, both of which are about 1.5 miles (easy walking distance for elk) from the western edge of the State Trust parcel proposed for exchange.
5. We believe, respectfully, that the landowner may have been mistaken when he wrote that “the private lands and state lands offer the same quality of recreational opportunity.” This is contradicted by local residents and, apparently, by the appraiser who wrote about the private land on Dayton East Road, “Recreation possibilities are limited due to size but may include some wildlife that migrate through the property that are attracted to the seasonal reservoirs and adjacent hayfields.”
6. WATER: Despite claims to the contrary, the State Trust Land being traded has far
more water than the Dayton East property offered in exchange by Columbus Peak Ranch. The surface area of the State portion of the two reservoirs exceeds about 12.3 acres as compared to about 3.3 acres for the intermittent reservoirs on Dayton East. Because the Bear Claw Love #1 reservoir is about 44 feet deep with a capacity of over 265 acre feet (over 86 million gallons), the ½ on State Trust Land far exceeds the intermittent reservoirs on Dayton East.
7. We believe that the existing and potential water value of the State Trust Land is too valuable to exchange for several reasons:
Irrigation permits show the State Land and Farm Loan Office, which was renamed the State Board of Land Commissioners in 1997, as co-applicants indicating State water rights in Bear Claw Reservoir #1 of at least 53 acre feet. This water could range in value from about $4,000/year for irrigation to $260,000/year for commercial use both of which far exceed the grazing lease. The water might also be used as a minimum pool to aid in restoring an excellent trout fishery.
Most of the water that feeds Bear Claw Love Reservoir #1 sources from a mountain tributary, Smith Creek, through an irrigation ditch known as Davis Canal. It has been said that if you dig near Smith Creek in the vicinity of the State Land, you’ll hit water in a few feet. Other intermittent tributaries also feed the State reservoirs.
The Wyoming State Geologist Office has indicated that the Madison Formation might be reached within “very roughly 4800 feet” below the SWNW ¼ ¼ of Section 22 of the State Trust Land. It was also suggested by SGO that it could be thousands of feet deeper or thousands of feet shallower. A nearby well, “updip” from the State Land, drilled in 1932 reached the Madison at about 1300 feet. Other artesian wells can be found to the east and the west of the State Trust Land. We maintain that the private land on Dayton East does not have comparable water sources or potential artesian sources.
8. The Detailed Analysis contains a number of errors and omissions which created considerable confusion and frustration for the public. One example of this can be seen on p. 5 where the State Trust Land was described as being 4 miles east of Dayton which would put it 6.5 miles east of the Big Horns while it is actually at the base of the Big Horns with different habitat, elevation, and precipitation levels.
9. We believe that the 2020 Appraisal of the two properties is obsolete with comparables from 2014, 2016, 2016, 2016, and 2020; and we believe that a current independent appraisal will give an accurate assessment of the value of the two properties and that the difference in the values will likely exceed OSLI guidelines. A current private appraisal from September of 2023 of the State Trust Land indicates that the State’s 560 acres has more than doubled in value since 2020.
10. Some residents of Sheridan County along Dayton East Road may be directly affected by the Exchange and have expressed concerns about fi****ms safety near their homes, increased risk of grass fires, overgrazing, dust, and eventual real estate development. The Detailed Analysis and the 2020 Appraisal show numerous encumbrances on and through the private property including 2 (two) oil and gas pipelines and a natural gas pipeline that feeds the Town of Dayton. The appraisal also indicates that “home building sites on the south portion of Dayton East Road would need to be consulted with an engineer as there have been some active landslides in certain areas.”
11. The climate of negotiations has ranged from understandably cautious to very cordial. Multiple proposals and counter proposals have been made, but nothing has been mutually supported. The process was delayed considerably when Columbus Peak Ranch did not respond to a committee offer from April 2022 to April 2023. Failed attempts by CPR to untable the Exchange before the State Board of Land Commissioners have created some degree of mistrust. CPR has shown an increased propensity to negotiate after the August 2023 SBLC meeting, but issues such as draining the reservoir, which would kill the fish, have been an obstacle. In addition, a survey at the Oct. 4, 2023 Public Hearing with about 150 residents in attendance indicated 97% opposition to further negotiations between the State Lands Action Team and Columbus Peak Ranch.
12. Maybe some land exchanges benefit the community as well as the landowner, but we believe that this one does not. In the words of our Sheridan County State Delegation in 2021, “Once a land exchange is consummated, it is irreversible, gone forever. Because of their finality, they ought to be subject to extremely high levels of scrutiny, far beyond what the current process entails. As such we cannot support the proposed exchange and formally oppose it.”
To voice your concerns regarding the Columbus Peak Ranch Land Exchange, please contact your Individual State Board of Land Commissioners or your Office of State Lands and Investments.
Thank You, Rick Clark, SLAT Chairman “[email protected]”
Mark Gordon-Governor Chuck Gray-Sec’y of State Kristi Racines-Auditor
307-777-7434 307.777.7378 307.777.7831
[email protected] [email protected] [email protected]
Curt Meier-Wyoming State Treasurer Megan Degenfelder- Supt. Of Public Instruction
307-777-7408 307.777.7675
[email protected] [email protected]
Jason Crowder-Dept. Director at Wyoming Office of State Lands and Investments
[email protected] 307.777.3428
