Please do something about the chain link fence installation along the ditch on Lemay

[Megan P. Mueller]

Dear Commissioner Kefalas, 

I am writing to you today as a concerned citizen. The ditch company has been installing what the locals have dubbed a "prison fence" along the canal that runs past the Lindenmeir Lake neighborhood and my neighborhood Pueblo Vista Estates in North Fort Collins. I distinctly remember the first time I saw a fence like the one being installed in inner city Kansas City on a mission trip. As an 11 year old, seeing a fence like that--tall with barbed wire on top, I knew that I was in an unsafe place. Is this the message that we want to send to the hundreds of young children who walk past that fence every day to go to school at Tavelli--that they live in an unsafe place? My own child is just a young infant that spent the first weeks of his life in the NICU. I don't want him to grow up thinking his neighborhood is unsafe either. As a parent, would you want that for your children? The company claims that their insurance company is requiring that the fence be installed, and I understand concerns over liability, etc.. But the choice of materials for the fence is appalling. Why not a wood fence? It's a residential area, not a prison yard. Moreover, I've been told the fencing only runs along a few major roads, so it's unclear exactly what the company is hoping to achieve (other than intimidation)--there are plenty of other access points along the canal that could be used to access the canal access road. One also has to question why now as well--the canal has been there since 1879! Please help our children feel safe in their homes by requiring the ditch company remove or replace their fencing along Lemay.

Respectfully,

Megan Mueller
megan.p...@gmail.com

[John Kefalas]

Dear Megan,

Here is the response that I provided to Nathan Mueller.

Hello Tedi,

Thank you for your engagement in this matter (and the photos), and I am glad that the county and the city are coordinating our efforts regarding the chain link fence along portions of the Larimer-Weld Canal/Eaton Ditch. Here is our response as of two days ago, and I know that Rupa Venkatesh, Assistant City Manager, has also provided information that you've received. We will continue our efforts to communicate with the irrigation company and get more information about easements, necessary permits and options for resolving this matter. Lesli Ellis, Community, Planning, Infrastructure and Resources Director is our point person regarding this issue, and she is working closely with Rupa. Lesli's contact information is ell...@larimer.org and 970-498-5741. I am also providing her responses for even more detailed information. Hope this update is helpful.

Thank you for contacting Larimer County and Commissioner Kefalas about your concerns about the fence that's being constructed.  We have received quite a few notes and phone calls and aim to be as helpful as possible.  I am responding on behalf of the County to give you an update on our work and conversations at this point in time.  A team of engineers, planners, attorneys, and code compliance staff have looked into the matter and find:  

• The County does not have authority to approve/deny, permit or stop a fence of this type either on private properties or the ditch easement.
• County staff have tried to reach Kimberly Nelson at Larimer and Weld Irrigation Company and have not yet had an opportunity to discuss their reasons or plans and determine if there is an opportunity to facilitate a meeting or work collaboratively.  
• The City of Fort Collins also is attempting to engage with the irrigation company.  
• The County is doing more research to understand the type of easement here.  If the ditch passes through a prescriptive easement, the property owners or HOA may consider working with legal representation to understand if LWIC should be getting permission from owners to build a fence.  

We will keep the interested parties informed if or as we get more information about this matter.  Please reach out to me if you have questions.

On behalf of City of Fort Collins Mayor, Council and City Manager Kelly DiMartino, thank you for reaching out with your concerns about fencing along the Larimer and Weld Ditch Road.

 

Earlier this year, representatives of the ditch company indicated their intention to City staff to fence out the ditch road, citing concerns about a growing problem with encampments along the ditch road, along with concerns about additional trespass on the ditch road and public interaction with the ditch. City staff responded to these plans, conveying how much the community enjoys and relies on recreational access to the ditch within the City-owned natural area. In late June 2023, representatives from the Larimer and Weld Irrigation Company notified the Water Resources Division of the City Utility of their intent to begin constructing this fence.

 

For properties within City limits alongside the ditch, we have since determined that a building permit is required for construction of the fence since it is over 6 feet. Since a permit has not been applied for by the Larimer and Weld Irrigation Company, we posted a stop work order yesterday morning (August 10) on posts that were set for the fence installation just west of Lindenmeier Road which is within City limits. Additional permits may also be required for work to continue. 

Please note, the stop work order only applies to the installation of any fence along Larimer and Weld Canal, over 6’ in height, that is located within city limits. This includes but is not limited to Redwing Marsh Natural Area. The City has notified the County, shared the City’s concerns and planned actions. In addition, ditch companies are private entities that are not under the regulation of the city, county, or state. If you have additional questions about this project, you may want to reach out directly to the Larimer and Weld Irrigation Company at (970) 454-3377.

We appreciate you bringing this matter to our attention. 

On behalf of the City, I wanted to share a follow up to your previous inquiry concerning the fencing along the Larimer and Weld Ditch Road.

 

For properties within City limits alongside the ditch, we have since determined that a building permit is required for construction of the fence since it is over 6 feet. Since a permit has not been applied for by the Larimer and Weld Irrigation Company, we posted a stop work order yesterday morning (August 10) on posts that were set for the fence installation just west of Lindenmeier Road which is within City limits. Additional permits may also be required for work to continue.  

 

Please note, the stop work order only applies to the installation of any fence along Larimer and Weld Canal, over 6’ in height, that is located within city limits. This includes but is not limited to Redwing Marsh Natural Area. The City has notified the County, shared the City’s concerns and planned actions. In addition, ditch companies are private entities that are not under the regulation of the city, county, or state.

	John Kefalas County Commissioner, District 1
	Commissioners' Office 200 W Oak St | 2nd Floor PO Box 1190, Fort Collins, CO 80522-1190 W: (970) 498-7001 Cell:  (720) 254-7598 jkef...@larimer.org | www.larimer.org