“Incredible, generous” contribution of land in Ouray Ice Park resolves liability concerns, protects recreation economy

OURAY – A catastrophic event three years ago planted the seeds for preserving public hiking and climbing access in the Uncompahgre River Gorge forever — leading to a historic agreement signed in a crowded Mexican restaurant Tuesday.

The deal inked between the city of Ouray, the Ouray Ice Park and the owner of the Ouray Hydroelectric Power Plant resolves thorny liability concerns and protects access to the park, assuring the city’s recreation-based economy remains vibrant. 

The deal, which involves a nearly 8-acre donation by the plant owner, didn’t come together easily, and involved several moving parts, extended negotiations and revisions up until the final hours before it was signed. 

Mayor Ethan Funk compared the process to ascending a spiral trail on a mountain — where the parties involved circled round and round and had trouble seeing the final destination. But he called the agreement “an amazing demonstration of cooperation.”

“Hopefully this can be a template for how organizations can work together in the future,” he said.

The long-term solution to ensuring public access to the gorge was born out of another problem, which brought the parties together.

The rockfall

Three years ago, rockfall destroyed vital infrastructure in the dark, narrow canyon at the south end of Ouray.

That morning in March 2021, 12,000 pounds of rock crashed down and knocked out a section of the penstock carrying water to supply the Ouray Hydroelectric Power Plant, built in 1888. It also destroyed the trestle that holds up the steel pipe, the 4-inch line supplying water for the Ouray Ice Park and the catwalk used by ice park and power plant staff.

By necessity, the disaster brought together a trio of community and business leaders who have forged a unique public-private partnership — Ouray City Administrator Silas Clarke, hydro plant owner Eric Jacobson and Ouray Ice Park Executive Director Peter O’Neil.

In the short term, the three needed to figure out how to pick up and put back together the pieces. But the meeting also opened the door to conversations about how to address a delicate 30-year arrangement allowing the public to criss-cross Jacobson’s property.

After eight months of negotiations, Jacobson and the city signed a landmark deal this week ensuring climbers can continue to scale rock and ice in the canyon and hikers and runners can traverse narrow ribbons of trail along the edge of the gorge in perpetuity.

The land donation

The centerpiece of the complex agreement is Jacobson’s donation to the city of nearly 8 acres of a 35-acre tract of land he owns at the south end of the ice park, which includes a popular area for beginning ice climbers and a climbing route that was added to the Ouray Via Ferrata in 2021. The deal also covers and ensures permanent public access to a section of the Ouray Perimeter Trail, the Ice Park Trail and a trail used for the annual Hardrock 100 endurance run.

“The goal was — how do we make sure the Ice Park is going to be around for the next generation without having to worry about being on private land? This collaboration has solved that problem,” O’Neil said. “It’s a huge win for the community. No other way to say it. It’s an incredible, generous contribution from Eric.”

The Ouray City Council unanimously approved the agreement on Monday, which also includes an agreement to transfer a small parcel of land on Oak Street to Jacobson to build a tiny house for affordable housing. The agreement was formally signed Tuesday night at Mi Mexico restaurant in Ouray, where a crowd gathered over pitchers of margaritas to cheer and applaud the historic pact.

Part of the motivation to pursue the deal came from the uncertainty of public access to the land in the future. Jacobson’s heirs, in theory, could decide to stop allowing public access or sell the land someday.

But a larger factor that drove the deal was concern over liability and the Colorado Recreational Use Statute.

To read more of this story, visit the Ouray County Plaindealer at ouraynews.com