A Monday meeting of Durango Gun Club members and La Plata County officials involved only one lawyer, but future meetings with government officials may involve two.
County Attorney Sheryl Rogers and County Manager Joe Kerby met earlier this week with John Malarsie, club president; Tim Gwynn, vice president; and club secretary Joe Perino to discuss public access, lead contamination and the county’s lease.
County commissioners voiced several concerns last week with the outdoor range on La Posta Road (County Road 213), including the club not complying with terms of its lease by allowing access to the general public.
The Durango Gun Club, which is a private member organization, operates two gun ranges, one on property it leases from the city of Durango and one it leases from the county. Both leases require public access.
The lease with the city has expired, and it has scheduled an April 9 meeting with club members to discuss it.
Gwynn said the club was foolish not to involve a lawyer last month when Durango threatened the club with eviction from its Florida Road site for requiring members to also be members of the National Rifle Association. The club since has removed that requirement.
“We were taken advantage of,” he said. “Being good old boys, we forgot to bring a lawyer to beat ’em up with.”
The club provided its history along with its current activities, including 34 days of competitions a year open to its 700 members, the public and nonmembers.
Rogers said in a memo that the ranges additionally are open for “sight-in” days for hunters, which can draw 400 to 600 members of the public to adjust their firearms for accuracy. There also are two to three “fun” events each year, such as a “ladies night,” a cookout and the annual turkey shoot.
There are no general public days or specific open hours for public access at either range.
The outdoor range also shows signs of lead contamination, Rogers said. The county got the land in the 1940s because the owner didn’t pay property taxes. Durango leased the land from La Plata County and used it as a landfill for about six years starting in 1961. The county signed an initial lease with the gun club around 1970 that was canceled. The county signed another lease with the gun club for 20 years in 1979 that was renewed for 20 more years in 1998, Rogers said. There also was an old coal mine on the land.
Rogers said the county is hiring a consultant to evaluate the property. There are at least two areas where water rises up out of the ground and smells like rotten eggs.
“We’re basically waiting, asking these scientists to look at the site and tell us how best to evaluate it,” she said. “If these test wells are necessary, where should they be located?”
If the property remains in use as a gun range, the law doesn’t require lead cleanup. If the use changes, it does. Because of the various users of the land through the years, including law-enforcement agencies, many groups may be on the hook for cleaning costs.
“If the lead needs to be cleaned up, everyone will probably have to share in a piece of the pie of what it takes to make sure that the property meets today’s standards,” Rogers said.
Club members pay a $5 annual fee for lead mitigation.
Without the NRA controversy directly involving the county, lease discussions may involve less billable hours for lawyers. County officials and club members seemed to agree that talks on renewing the county lease should begin earlier than later. The county lease expires in 2018.
“Of course we’re looking ahead. We’ve always looked ahead,” Gwynn said.
smueller@durangoherald.com
