Mr. Brandt has been talking about this map for some time now.

 

I have to admit, by the way he was talking I was getting a little nervous that he had uncovered some new, damning information that would make my case more difficult.

 

When I finally got to see his map, I laughed out loud.

 

The map appears to be based on the 1948 base series of maps provided by the Colorado State Highway Department.  I have had a copy of that map in my possession for some time, and had considered it to be strong support for the defense of my private property.  I was unaware that Boulder County had adopted it as the basis for its road maps in the 1950's and '60's

 

This map does not show Barking Dog Trail.  Barking Dog Trail is in and along the stream bed of Balarat Creek where it crosses Sections 12 and 1, Township 2N, Range 72 W. (The "numbered boxes" on the map are called sections. They are one mile across.)  When it gets to Section 6, Township 2N, Range 71 West (the section where the other road is labeled with an "87") it veers sharply to the northwest.  It intersects the South St. Vrain Creek at the Barking Dog Rock formation, about a half mile upstream from the position of the road on Mr. Brandt's map.

 

What does that mean?  Either Barking Dog Trail did not yet exist, or the state and county did not consider it to be any part of its transportation system.  Not a primary road.  Not even a secondary road.  In fact, not a public road at all.  As far as the state and county were concerned, between 1953 and 1968, Barking Dog Trail did not exist.

 

Mr. Brandt has repeatedly stated that he has evidence that County Road 87 goes (or used to go) to the abandoned settlement of Balarat (which is on my family's property).

 

The unimproved road on Vernon's state/county map does not go to Balarat at all.  Balarat is in Section 1, Township 2N, Range 72W.  Mr. Brandt's road is on the other side of the ridge, nearly a mile to the east, in a different section.  The closest it comes to Balarat is the big curve in Section 12, Township 2N, Range 72W, where it comes from the south and veers off to the east.  It is about a half mile away from Balarat at that point, on the other side of a steep ridge.

 

The county's position seems to be that this road was never a county road past Balarat Hill (Section 18, Township 2N, Range 72W), and that a right-of-way was never recorded though to the South St. Vrain.  If Mr. Brandt disagrees with the county officials, I will step back and let him fight it out with the county.  If Mr. Brandt insists that the road on his map is a public road, I will step back and let him fight it out with the people who own the land it crosses in Section 7, Township 2N, Range 71W.

 

To quote Samuel Goldwyn famous line: "include me out".

 

Thank you, Mr. Brandt!

 

With regard to Mr. Brandt's claim that the area around Balarat Creek is not a wetland, the evidence he chose to support his claim is puzzling.  There were some extra characters in the link he provided, but I was able to download the file from Boulder County from this address:

 

http://www.co.boulder.co.us/health/pdf/table13.pdf

 

This file contains the results of water quality sampling by the county. There are many samples that were obtained from "Balarat Gulch" (another name for Balarat Creek).  All that means is that Balarat Creek is a free flowing stream.  This is a fact that has only been denied by individuals who have never been there.

 

I have asked Sherri Tippie, the director of an organization called Wildlife 2000 (concerned with riparian habitat issues) to provide her opinion on the existence of riparian wetlands along Balarat Creek.  She has agreed to post her comments here.