Trouble in Tortuga!
A Rangeland Conflict Simulation Exercise

Background and Setting

Ed Middleton's widow died last year, leaving the fate of the X-Bar Ranch in the hands of the executors of the estate. The Middletons' three children were all in agreement: no one had an interest in ranching, and everyone had an interest in selling the ranch to the highest bidder. Moreover, since partial payment of inheritance taxes by the Middletons falls due in six months, there is pressure to sell soon.

Located just past the old mining town of Tortuga in the foothills adjacent to the San Cristobal National Forest, the X-Bar includes one section (640 acres) of private deeded land and a 15,000-acre grazing allotment in the national forest (see Map 1).

Elena Sinespina and Toby Nunn own the ranches on either side of the Middleton property. Third generation ranchers, Toby and Elena were disappointed when none of the Middleton kids wanted to continue the tradition. Las Culebras Wash snakes through all three ranches, and for many years all three ranching families jointly managed fencing and flooding problems, droughts, and drops in cattle prices. When Ed Middleton died 10 years ago, Elena's son Gil gladly agreed to manage the X-Bar. Gil has made it known that he would like to buy the X-Bar, but it seems unlikely that he will be able on his own to come up with the money to do so.

The community of Tortuga was established in 1871 by Basque silver miners. When the mines played out at the turn of the century, the town was virtually abandoned, left to serve as the local gathering place for the area's ranching community. Decades later an eccentric geology professor purchased the town site and began rehabilitating some of the old buildings. By the mid-1960s young professionals from the nearby city of Sierra Grande were moving to Tortuga in search of a small community lifestyle, renovating the old homes and businesses. There are now 1,500 residents, and it is apparent that there will be a growing market for housing in Tortuga, particularly for commuters traveling west to Sierra Grande.

Sydney Stone, a developer from Sierra Grande, has secured an option to purchase the X-Bar Ranch from the Middletons, conditioned on securing certain zoning approvals. Rather than subdivide the 640 acres into 160 lots at the current four-acre zoning, Stone has proposed a cluster development of 400 homes on one 200-acre portion of the site with shared infrastructure and minimal site coverage (see Map 2). He has indicated that the northeast portion across Las Culebras Wash would continue as grazing land and that he would keep the Forest Service allotment.

But several related events have complicated the picture. Pat Wright, the San Cristobal District Ranger for the U.S. Forest Service, just made an administrative decision to reduce the grazing allotments on the Las Culebras Management Area. After reading the production utilization survey and watching the effects of the recent drought, Wright decided to reduce permanently the grazing allotments on all the area ranches by one-third (from 12 to 8 head per section). At a preliminary public scoping hearing, the area ranchers declared that they would appeal the reduction, and if denied, would pursue it in federal district court.

Wright's action has partly mollified an environmental group called SAGE (Save the Arid Grassland Environment) which has repeatedly asserted that not enough has been done to protect the riparian habitat along Las Culebras Wash (home to the rare Gray Hawk). SAGE has argued that the habitat is being destroyed by overgrazing, and its leader, Corey Flintlock, has been preparing to sue the Forest Service. Flintlock's first reaction to the reduction in grazing allotments was supportive, though guarded.

Brady Euclid, the County Planner, has been very worried about all of this. For one thing, Stone's proposed development clearly violates the area's recently completed comprehensive plan, which specifically calls for residential growth and expanded urban infrastructure on the west side of town toward Sierra Grande. Last month, Euclid approached the county planning board with a proposal to bring the parties together to carefully review Stone's plan. Stone's option runs out in one month and the zoning board is scheduled to discuss the proposed zoning change in two weeks. If Stone walks away, the estate might accept a fall-back offer by Blake Worstcase to buy the land outright and subdivide it into 160 ranchettes.

In response to Euclid's request, and worried about the increasingly confrontational atmosphere in Tortuga, the planning board has retained two facilitators from an out-of-state conflict-resolution firm to convene the major stakeholders. The board hopes that the stakeholders can develop a mutually agreeable solution which can inform the zoning board's decision in two weeks. With time short, the facilitators quickly interviewed the parties privately and generated a proposed agenda for a series of meetings which was reviewed by all parties and revised as needed. The parties have agreed to participate in two day-long meetings to be held a week apart. A representative from the State Game and Fish Commission, Jo(e) Waterstone, has also been asked to participate, based on the facilitators' interest in assuring that all stakeholders be at the table.