Open space, water, and drought

About ten speakers asked the board to pause or stop aerial and drone spraying of indaziflam on open space, especially Red Hill. They cited a recent City of Boulder study that the chemical stays in soil four or more years and cuts native seedling growth. They also raised wildlife, water, and farm volunteer concerns, and a lost district court case against the county. They proposed a grazing alternative and volunteer weed pulling. The commissioners did not respond.

“Please pause the spray and leave a positive legacy that supports life on Boulder County Lands and OpenSpace for years to come.”

Utilities Director Joe Teduchi said the cost rose from about $66 million to $76 million because of litigation costs. He said ratepayer funds pay for the project, not the general fund. He said FEMA reviewed the modeling and the project does not worsen downstream flooding. He said staff studied 58 alternatives, and the project adds 119 acres of open space. Speer asked about restoration, and he cited Alpine Balsam and Goose Creek as examples.

Several speakers opposed the South Boulder Creek dam at CU South. They objected to the $76.5 million cost and wetland loss. They asked council to pause construction and to remove the budget line. They said voters approved only annexation, not the dam. Safe South Boulder has a case pending before the Colorado Supreme Court.

Ben Gibson asked council to list Tree of Heaven as a regulated weed in Title 6, Chapter 2 of the city code. He said the city has no formal management and the county does. The city manager said staff will review it. Marquis thanked him.

The cistern easement is on county open space. Staff said reclamation uses an approved seed mix, the applicant does the work, and the county holds a bond over several growing seasons. Any cultural finds require work to stop at once.

Utilities staff responded to CU South complaints. The site closes Monday with a fence, and notices went out from late August. Cost rose from about $61M to $76M because of cash-funding after litigation, a five-year schedule adds $10M, and the $9 monthly utility bill increase claim was said to be inaccurate. Ryan Schuchard noted two community votes backed the flood mitigation.

Several speakers objected to a planned three-to-five-year full closure of the CU South property during flood mitigation construction, asking staff to keep safe portions open to the public. Staff said phasing the closure is not feasible because construction staging sits in the middle of the site between the north flood-mitigation zone and the south environmental-remediation zone, and said alternative recreation sites are listed in the city's CU South FAQ. Council member Adams asked staff to post that reasoning publicly and send it to council.

Commissioner Stolzmann asked staff to study rewilding parts of the ag land portfolio as leases end, to reallocate scarce water and reduce wildfire risk, and asked how the board could fund ditch capital projects and better inform new property owners of their ditch easement duties. Staff agreed to bring back options and possible one-time funding requests.

“what process could be used to elevate to the Board of Commissioners... opportunities to grant ditch companies... wildfire mitigation funding or open space funding”

Parks and Open Space staff told the board that 2026 had the lowest snowpack on record, and some junior irrigation ditches got as little as 4 to 7 days of water all season. Tenant farmers reported hay yields down 30 to 40 percent, and staff said the county has used its own unleased water and rented Colorado-Big Thompson water to help affected tenants.

“Colorado had the lowest snowpack on record”

Commissioner Loachamin said she met with the commenter after the last monthly meeting and that a related Board of Public Health discussion in June ran out of time before all the septic fee questions could be addressed.

A commenter argued cheat grass is not a fire hazard, citing the former fire chief and a Wildfire Partners panel, and claimed nine of twelve county-sprayed sites burned within 12 to 18 months of herbicide application. She asked the county to stop using Rejuvra while a lawsuit and a state review are pending.

“nine out of the 12 sites that Boulder County sprayed with rejuver caught fire within 12 to 18 months of application”

A property owner in Allenspark said the county illegally imposed on-site wastewater treatment system licensing fees on vacation rentals without legal authority or due process, and that a lawsuit has been filed. He named county staff and all three commissioners as parties and asked for refunds and accountability.

Two public commenters challenged Boulder County's use of herbicides such as Rejuvra on open space to control cheat grass. They said independent observation found the spraying harms native plants and does not reduce fire risk, and one thanked Commissioner Stolzmann for engaging on the science.