2012 Conservation Deal of the Year: Devils River Ranches, Val Verde County, Texas

On the eastern edge of the Chihuahuan Desert, along the banks of the Devils River, is an area that was once known for the imminent danger this country posed to soldiers and civilians alike. During the frontier days of the Lone Star State, the Comanche made sport of attacking those trekking across the Big Bend from San Antonio to El Paso. Although the U.S. Army established Fort Hudson in 1857, these attacks continued well beyond the close of the Civil War.

Today, this territory is renowned for its pristine waters. The Devils River is the cleanest river in Texas. It also forms a crucial part of the Rio Grande drainage basin, and the Texas Nature Conservancy made it a goal to keep it this way.

“We’ve been working on the Devils River for 20 years,” says Jeff Francell, Director of Land Protection for the Texas Nature Conservancy. “We bought our first preserve in the early 1990s, and since that time we have protected as much of this area as possible from fragmentation and incompatible land use.”

The Baker Ranch and Prosser Ranch sat side by side, making up a total of some 40,000 acres, including six miles of Devils River frontage. The Texas Nature Conservancy acquired both in order to protect the river as well as Fern Cave, among the largest caves in Texas and home to one of the world’s largest Mexican free-tailed bat populations. Its challenge was to find buyers for both ranches who would be willing to join with the Conservancy in protecting this priceless treasure. Fortunately, a landowner who shared the organization’s conservation focus came along and swooped up both.

Jeff Boswell’s client was looking for a place where he could pursue his love for nature photography, and he had his heart set on West Texas. “At first we looked at a smaller place, but he fell in love with the Devils River, and he knew he wanted to protect it,” says Boswell, a Houston-based broker with Republic Ranches.

“One hurdle we faced was that most people thought a conservation easement was already in place,” says Kevin Meier of duPerier Texas Land Man, who represented the Texas Nature Conservancy on these properties for a year and a half.

“You had to explain to prospective buyers that the conservation easement was able to be written and negotiated to meet the criteria that The Nature Conservancy has to follow to meet their mission,” Meier adds.

Fortunately, that mission just happened to be one that Boswell’s client felt equally passionate about.

“We needed to make sure a conservation easement put buffers along the river’s edge barring development. We also needed to put no-development areas around the cave, springs, and river frontage,” Francell says.

The buyer agreed to protect the land conservatively, taking only two divisions per property, signing off on a limited number of new homesites, and creating no-development zones within 750 feet of protected areas.

“My client knows that he has a valuable asset on his hands, and protecting the Devils River will protect his asset,” Boswell says.

It was a classic win-win all the way around.

“It couldn’t have been a better buyer as far as conservation goes,” Meier says. “It was a match made in heaven.”

Based in Bozeman, Montana, Corinne Garcia freelances for Marie Claire and Country Living.

Download your digital version of the Spring 2013 edition of The Land Report.

Land Report April 2013 Newsletter

It’s amazing – the yarns that can be shared about certain tracts of real property. Our April Newsletter takes a closer at several standout stories, including one that I am quite confident is destined to end up before the Supreme Court in a year or two. Why? The two states involved have been disputing their boundary for only the last 195 years.

Also in our April Newsletter you’ll find the story of an Oregon Senator who is considering a shift in federal management of certain timberlands. Meanwhile the Texas Legislature is currently embroiled in how best to combat the drought that has plagued much of the Lone Star State.

Last but not least, an uptick in the housing market has brought renewed activity to North American forests. Learn more as one of America’s largest landowners gears up for increased lumber sales.

For up-to-the-minute reports on listings, auctions, sales, and breaking news pertaining to land and landowners, be sure to follow us on Facebook, Twitter, and Pinterest.

Land Report January 2013 Newsletter

Secretary of the Interior Ken Salazar announces his plan to leave Washington and return home to Colorado. The Supreme Court agrees to hear a dispute between Texas and Oklahoma over water rights. And the State of Texas, on a completely different matter, asks the Nation’s highest court to intervene in yet another water fight, one that involves Texas and another neighbor, New Mexico.

So much for a slow start to 2013. Our January newsletter features these news items and as well as others, including Land Report 100er Louis Bacon’s timeless gift to establish the Sangre de Cristo Conservation Area in Southern Colorado.

For up-to-the minute reports on listings, auctions, sales, and breaking news pertaining to land and landowners, be sure to follow us on Facebook, Twitter, and Pinterest.

The Land Report Winter 2012

Ring in the holidays with the latest edition of the Land Report!

Travel to Sonoma County and enjoy a rare and revealing portrait of John Jordan and his family’s renowned vineyard and winery. Learn the latest about the white hot market for Midwest farmland. Or follow the twists and turns of the Yellowstone River as it winds its way onto your iPad courtesy of the new documentary Where the Yellowstone Goes, sponsored by Trout Headwaters.

All these and many more stories So be our guest and enjoy our latest issue HERE.

For more up to the minute reports on listings, auctions, sales, and breaking news pertaining to land and landowners, be sure to follow The Magazine of the American Landowner on Facebook, Twitter, and Pinterest.

Online Exclusive: Western Wildfires – Past Present & Future

This is the second in a series of posts by Field Reporter Joe Nick Patoski that looks at the wildfires currently raging out West.

With the Waldo Canyon and the House Park fires raging for weeks, the month of June goes down as the most destructive for wildfires since Colorado became a state.

It wasn’t always this way.

Early accounts of wildfires in the American West by European settlers were spotty, at best, mainly because the West is so big and there were so few settlers, at least at first.

When forests burned, there was very little anyone could to do in response to protect property but let the fire burn, which is precisely what Native American tribes did when a big burn ignited.

Fire-fighting techniques have improved considerably over time, especially in the past 25 years. But even with the development of fire-retardants, employment of aircraft, smarter strategies, and constantly better technology, wildfires persist. If anything, man appears to be losing ground to nature on flame front.

Fire is part of a forest’s life cycle, taking down dead and sickly timber, clearing out brush and understory, and scarifying seedlings that require intense heat in order to germinate. It works the same way on prairie grasslands and the plains. Without fire, the vegetation wouldn’t thrive.

Even severe fires caused by heavy fuel loads are normal cyclical occurrences; the big differences are how the cycles have become more frequent, and how more than a century of fire suppression as sound land management, a philosophy spurred largely by the establishment of cattle and other livestock operations, has created an unprecedented heavy fuel load.

It’s important to note that different types forests burn differently, depending on the dominant forest tree and elevation.  A century can pass between severe wildfires in high elevation forests dominated by lodgepole pine, aspen, spruce, and Douglas fir. Lower elevation forests with piñon pine, and junipers tend to be drier which leads to more frequent fire events – every decade or two. This keeps forests open and less dense.

The West used to be emptier too. Construction of homes in and around forests has skyrocketed since the 1970s, creating a precarious wildlands-urban interface (WUI) as Colorado State researchers David M. Theobald and William Romme label it. As civilization encroaches, management of forests becomes considerably more difficult. And what provides bucolic scenery most of the time to those arboreal interlopers also provides all the necessary tinder to leave nothing but ashes if flames reach a domicile.

Nationwide, the WUI encompasses an area about 14% larger than the state of California, with an estimated 89% of that wildlands-urban interface privately-owned. That means it is private landowners who will most likely shoulder the burden of wildfire management and prevention strategies such as managed thinning of forest and prescribed burns.  Federal and state government planning is limited to federally- and state-owned lands.

Still, sound management practices can only do so much.  Increased human population, construction in the wildlife-urban interface, a build-up of tinder in the understory due to more than a century of fire suppression are mere enablers compared to a warming climate. Increased temperatures leading to earlier spring thaws and less snow melt appears to be the biggest driver behind the increase of severe wildfires.

The West was considerably wetter when wildfires in the American West first began to be studied. The climate has turned drier over the past century and a half. Add to that a perfect storm of more immediate weather conditions: the interior West is in extreme drought and in late June, a record-breaking heat wave settled over the southern and central Rocky Mountains accompanied by dry humidity and winds.

Katharine Hayhoe is an atmospheric scientist at Texas Tech University. She is also the co-author of a study that appeared in the journal Ecosphere concluding the risk of wildfires in the American west will increase as a result of climate change.

“Climate change is shifting rainfall patterns around the world,” Hayhoe told the Living on Earth radio program. “We’re also seeing that climate change is increasing our average temperatures, which raises the risk of having those hot, dry conditions that we need for a wildfire to spread.”

Colorado is fortunate to have numerous experts at Colorado State University who are studying the past, present, and future of western wildfires.

“A great understanding has developed about historical fire stories in Colorado,” says Dan Binkley, Professor of Forest Ecology at Colorado State. “The first thing to emphasize is we have a grand variety of forests across the West, and the fire stories that go with the landscapes are very different for different types of forests.”

Depending on one’s location, property owners have tools to prepare and protect themselves and their property, says Binkley.

“For homeowners, the most effective options are to learn about ‘firewise’ treatments to reduce the flammability of the local area around a house; join with a community to develop a Community Wildlife Protection Plan; and work with the community and adjacent land managers, such as public land people, to reduce the most severe risks at landscape scales. “

Binkley recommends tapping into the Colorado State Forest Service for information on all the above options.  The statewide forestry staff visits and works with Colorado landowners.

All well, and good, but reality has yet to catch up to the knowledge. Since 2002, the contracted fleet of airborne fire-fighting tankers that the US Forest Service depends on has declined from 44 to nine while there have been six deadly crashes, all of them involving aircraft more than 50 years old.

Similarly, the US Fire Protection Program Analysis system, which was launched in 2002 in response to a history of all-out fire suppression, has yet to be implemented, although the computerized program that would coordinate fire-fighting agencies and responders to assess and reduce risk and control costs, was supposed to be online in 2007.

The failure to efficiently coordinate agencies and responders mattered not a whit to Dr. Bonnie Warnock, chair of Natural Resource Management at Sul Ross State University in Alpine, who got a call at the school last year that her ranch was burning.

“My heart said no but my head said it was OK,” she said.

Dr. Warnock rushed to her place.

“It was very stressful. The whole back pasture was burned, the boundary fence was on the ground. What do I do? I had not planned at all. How do I deal with this financially and emotionally? We have to sell one-third of our cows. We don’t have enough feed. That’s a capital investment for us that we are having to sell off and we’ll have to buy more back,” Warnock said.

She knew too well the fire was part of the process.

“Historically, our landscape did evolve with fire. If you’re looking at it from a plant perspective, this is not a catastrophe. This is a natural occurrence for the semiarid ecosystem we live in. Typically, we have two or three wet years followed by a dry year during which lightning strikes cause wildfires. This process has maintained the grasslands and kept brush from encroaching.”

That is, until the pioneers arrived and established permanent communities. “When early European settlement of this region began in the late 1800s, there was a lack of understanding of this process and land was overstocked and overgrazed,” Dr. Warnock said. “Drought was something the settlers weren’t experienced with. The overstocking and overgrazing removed the grass and fires disappeared from the Trans-Pecos.”

Range science changed that practice. “Since the science of range management developed in the 1950s, our ranchers have done a good job,” Dr. Warnock pointed out, while adding the caveat that even sound practices can do only so much.

“Through this most recent wet period, they haven’t been overgrazing and overstocking, which has benefitted the ecosystem. But over the past three years, we’ve grown a huge amount of fuel in the Trans-Pecos, so the first fire in 100-150 years since the region had been settled was extremely large. It was so big we weren’t prepared to deal with it. This is unprecedented.”

As critical as the drought and wildfires have been, the next few months afterwards were even more critical. “If we get rain in the next month or so, the country will come back and look better.  If it doesn’t rain we will lose perennial grasses and see an increase of desertification,” Warnock said.

This awareness has led to the formation of a non-profit association in Far West Texas that uses prescribed fire as a management tool to reduce fuel loads. “Going forward, this is something we need if we are going to have green grass,” Dr. Warnock says, acknowledging a perception issue with prescribed burning from city and town dwellers and the new breed residing in the wildland-urban interface.”

“These people are at the highest risk if a prescribed burn gets away and at the greatest risk from wildfire. Most of these people come from cities and are not supportive of prescribed fire. That makes it difficult to employ this tool,” Dr. Warnock says. “There is a lot of support for prescribed fires by ranchers. We need to educate small landowners living on the edge of towns.”

“We need to work on finding mechanisms to reduce accidents. How do you keep people from welding or throwing out a cigarette when there’s 45 mile per hour winds and 2 percent humidity? “

Like the rest of us, even though she knows what she knows, Dr. Warnock has no interest in seeing it all happen again.

Read part one of this series here.

Photo Credit: Don Savage Photography

Arizona Governor Vetoes Takeover Bill

Gov. Jan Brewer refused to sign into law legislation that demanded title to some 48,000 square miles of federal lands in her state. The public lands bill, which parallels one recently passed in Utah, was sponsored by state senator Al Melvin (R-Tucson). Like many Western states, a substantial portion of Arizona – more than 40 percent – is owned or controlled by the federal government. Melvin’s bill would have required the transfer of all federal lands to the state with the exception of military bases and parklands. While describing herself as a “staunch advocate” for state sovereignty, Gov. Brewer wrote, “We still must be mindful and respectful of our federal system.”

Read more here.

Click here to download a copy of our May 2012 newsletter.

The Land Report Summer 2012

Did you know that the Supreme Court just issued a landmark ruling? I’m not talking about health care. I’m talking about land. That’s right, the high court came down 9-0 for landowners in a suit that was brought against the EPA by Idaho’s Sackett family.

We’ve been following Sackett v. EPA for over a year. It’s one of the many eye-opening stories you’ll enjoy in the Summer 2012 issue of The Land Report, now on newsstands from coast to coast.

You can access the digital edition free of charge HERE.

Our summer issue also features the story of an innovative gift to the University of Wyoming, one that kicks in when Wyoming’s River Bend Ranch sells. It’s a great example of stewardship, one that Greg Fay brought to us and that we are proud to share. Learn five great ways to add value and beauty to your land by improving your waters. And be sure to have a look at our third annual roundup of the nation’s leading auction houses. No surprise here … farmland prices continue to best record highs.

So be our guest and enjoy our latest issue HERE.

For more up to the minute reports on listings, auctions, sales, and breaking news pertaining to land and landowners, be sure to follow The Magazine of the American Landowner on Facebook, Twitter, and Pinterest.

P.S. Our award-winning quarterly magazine is available in a print version via subscription.

Online Exclusive: Western Wildfires

The Magazine of the American Landowner presents the first in a series by Field Reporter Joe Nick Patoski as he takes a closer look at the wildfires raging out West.

The American West is on fire again, with wildfires breaking out across the Gila Wilderness in southwest New Mexico, around Ruidoso in southeastern New Mexico, and throughout Colorado. The Gila fire now ranks as the worst in New Mexico’s recorded history. Colorado’s High Park fire (pictured above) west of Fort Collins has destroyed more homes in state history. And all that was before summer even officially started.

Most western states have been experiencing drier-than-normal range conditions, and many regions are officially in drought. Conditions have been ripe for a major outbreak quite awhile. Maybe it’s an old writer’s faded memory, but it seems like massive wildfires used to happen every three or four years. Lately, it’s pretty much an annual occurrence, a seasonal rite, if you will.

Last year, Texas burned. Four million acres were scorched and it took 16,000 emergency responders from all 50 states and Puerto Rico to tamp it down. Wildfires near Fort Davis in Far West Texas and around Bastrop in Central Texas were the two worst in state history.

Other states will have their turn soon enough. What’s going on here?

Is this normal or an aberration? Where do wildfires fit into the big picture, beyond the considerable destruction and property damage in their wake? Who’s paying to fight the fires and to mitigate property damage? The largest mountain pine-beetle epidemic in recorded history, which has ravaged western forests with 3.3 million acres of ponderosa, piñon, whitebark, lodgepole, and eight other pine species destroyed in Colorado alone, has created ideal conditions for fire. The pine beetle’s success is tied to rising temperature, suggesting climate change is another enabling factor for increased wildfire. Forest management practices are being scrutinized, as is the impact of humans. Before European pioneers arrived to establish permanent settlements, the natives let fires burn. Are we tilting against windmills trying to stop them? Most important, what can communities and individuals do to protect their land and to lower the risk?

We can argue about what it all means until we’re gone, but the good news is there are answers to these questions. Accumulated data, good science, history, facts, truths, and verities all tell stories worth telling that inform and expand our knowledge about western wildfires.

Over the next few weeks, while the western forests and rangeland burns, we’ll visit with some folks whose perspectives on fire, ecosystems, biology, prescribed burns, economics, erosion, range science, meteorology, and, of course, land ownership have the potential to inform and enlighten if we’re willing to read, listen, and ponder. That won’t stop the fires from breaking out, but it can certainly make our responses smarter.

Read part two of this series here.

Land Report May 2012 Newsletter

Many items to consider from our May newsletter, but let’s stick to page one material. The Land Report Top Ten has a brand-new look with Montana’s Broken O Ranch now crowning the list. The 124,000-acre Bates Sanders Swan listing features more than 20 miles of the Sun River, carries 3,500 mother cows, and produces about 25,000 tons of alfalfa hay and 700,000 bushels of small grain crops annually. At $132.5 million, it’s not a ranch. It’s a hedge fund, one built on a rock-solid agricultural asset.

Two properties have joined the Top Ten: Hawaii’s Dillingham Ranch, our new No. 5 at $65 million, which is listed by Zackary Wright with Christie’s; and Swain’s Neck on Nantucket Island, the new No. 7 at $59 million, courtesy of Gary Winn at Maury People Sotheby’s International Realty. There has been a $5 million reduction on No. 4 California’s Rancho Dos Pueblos, which Kerry Mormann & Associates now has listed for $79 million.

For more up to the minute reports on listings, auctions, sales, and breaking news pertaining to land and landowners, be sure to follow The Magazine of the American Landowner on Facebook and Twitter. The Land Report is now on Pinterest.

P.S. Our award-winning quarterly magazine is available in a print version via subscription.

Sold! Fortress Cliffs Ranch

MARCH 29, 2012 POST:
Texas Parks & Wildlife voted to sell 2,014 acres of the Fortress Cliffs Ranch adjoining Palo Duro Canyon State Park to Sooter Ranch of Perryton for $2.4 million. The acreage is under a conservation easement held by the Texas Parks & Wildlife Department.

Read more HERE.

SEPTEMBER 17, 2008 POST:

Almost 3,000 pristine acres valued at more than $5 million along the rim of Palo Duro Canyon has been sold to The Trust for Public Land (TPL), a nonprofit land conservation organization. After purchasing the Texas Panhandle property, TPL immediately transferred it to Texas Parks & Wildlife, thus increasing the size of Palo Duro Canyon State Park by nearly 10 percent.

“The sale of this property represents the core of our company’s mission,” says John Watson, President & CEO of Orvis/Cushman & Wakefield in Colorado Springs, which brokered the sale.

Watson spent more than a year spearheading the deal: securing the listing, seeking out TPL and introducing them to Texas Parks & Wildlife, and then patiently shepherding the transaction through numerous appraisals and reviews. “There is a finite supply of investment-grade recreational properties, and Orvis/Cushman & Wakefield’s goal is to find the best stewards for the protection and appreciation of the land,” Watson added.

A spectacular sporting and recreational property, the 2,864-acre Fortress Cliffs Ranch was recently appraised at $5.22 million ($1,800+ per acre). By deeding it to the State of Texas, TPL increased the size of the adjacent 29,187-acre Palo Duro Canyon State Park by almost 10 percent. “The rare chance to protect six miles of cliffs overlooking the Grand Canyon of Texas, to keep that bluff looking the way the first Texans saw it — this is unparalleled,” said Carter Smith, Texas Parks and Wildlife Department executive director. “I know all Texans can appreciate the significance of this acquisition for our park system. It’s for everyone alive today, and for generations to come.”

The deal closed on August 28.

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