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Shyam and Shanti Shrestha have seen Denver’s 16th Street Mall change dramatically in the years since they opened Mt. Everest Imports of Himalaya in 1995. They were around when the Denver Pavilions was built in 1998, when the mall was extended to meet Union Station in 2002, and when the 2014 Union Station redevelopment sparked a downtown building boom. 

But today, the Shresthas say they wonder if their business will survive the current, seemingly interminable renovation of the 16th Street Mall and, if it does, whether it will fit in as a new version of downtown takes shape. 

The 16th Street Mall may be one of the most iconic stretches of real estate in Denver, but its status as a retail hub and public hangout has been threatened by the massive — and delayed —  reconstruction project that pedestrians have experienced as a stifling maze of construction fences and detours for nearly two years. Large national chains that for decades anchored the mall, including McDonald’s, TJ Maxx, Hard Rock Cafe and Banana Republic, shuttered their stores, along with local retailers such as Tea With Tae Cafe, citing factors ranging from declining sales to public safety.

Ongoing construction, fluctuating public transportation options, and concerns about safety are just a few of the reasons why pedestrians are avoiding the mall. Together, these factors could reshape the mall’s landscape long before the final pavers are replaced along the 13-block stretch of downtown. 

An evolving hallmark

The 16th Street Mall was once a hallmark of the city’s growth. When it was built in the 1980s, it gave workers in the Central Business District a reason to stay downtown after their shifts. It also created an attraction that welcomed millions of tourists and helped fuel the growth of Denver’s transit lines. 

That function seems to be changing, at least in theory. Denver has floated two seemingly contradictory ideas for the mall’s next phase. On one hand, the city wants to add apartments and playgrounds to attract families. It also wants to expand its retail and entertainment options to attract tourists. 

Maybe we can survive until July.
But at this point, I don’t know.

— Shyam Shrestha, co-owner of Mt. Everest Imports of Himalaya on the 16th Street Mall

However, appealing to families and tourists alike requires the city to create a distinct space on the mall for each group, which could complicate its overall synergy. This is all happening at a time when the city’s downtown office vacancy rate is at a historic high and pedestrian visits to downtown seem stuck well below pre-pandemic norms.  

So, how can Denver balance its two visions of the 16th Street Mall? 

Sarah Wiebenson, vice president of economic development at the Downtown Denver Partnership, says it’s about highlighting the mall’s “individual character” to create a distinct sense of place that could attract new residents. One such place is near Skyline Park, where roughly 400 housing units could be added in an area of town currently dominated by offices. Great Outdoors Colorado on Friday announced a $1 million grant to the city for improving the park, which spans three city blocks along Arapahoe Street between 15th and 18th streets. The hope is redesigning the space to create better opportunities for year-round recreation and community connection will provide “a catalytic spark that adds vibrancy to Denver’s downtown,” Jolon Clark, the city’s Parks and Recreation director, said in a news release.

DDP also envisions adding urban grocery stores nearer to Broadway along with amenities like day care centers, dog groomers, dry cleaners and “whatever people need within a walking distance” of their home, Wiebenson said. 

But the uniqueness and sense of place Wiebenson refers to seem to be what’s at risk amid the massive facelift project as business owners like the Shresthas struggle to stay afloat. 

“Maybe we can survive until July,” Shyam said, referring to the date that construction near his store at the corner of 16th and California streets is supposed to be completed. “But at this point, I don’t know.”

A tale of two malls

Shyam Shrestha says he and his wife chose to open their store at the corner of 16th and California because it was the best place for retailers at that time. Mt. Everest Imports of Himalaya sells cultural gifts like woven tapestries, religious idols and Tibetan prayer flags. 

Over the past 29 years, Shyam says his store has attracted customers from as far away as Nepal. “When they come to Colorado,” he said, “they come to see us.” 

But those days feel like a distant memory. Shyam says the store’s sales have declined by roughly 50% since work began on the mall in late 2022. As construction crews have worked to relocate underground utilities and upgrade the water and storm sewers just outside of their store, the Shresthas say they have had to use roughly $60,000 from their retirement accounts and max out a credit card to keep the business open. Sales have been so slow that they’ve also delayed making payments on more than $75,000 of inventory that they purchased earlier this year. 

When construction started, Shyam said Mt. Everest received a $2,000 mitigation grant from the city. They received another $15,000 stabilization grant in February. But he said the money didn’t go far given their overhead, which includes monthly rent of $6,000. Shyam had to let two of his three employees go. 

“We had no idea our business would be impacted like this,” said Shanti Shrestha, Mt. Everest’s managing director.

Pedestrians who would once peer into Mt. Everest Import’s widows or meander into one of the several nearby restaurants have been forced off the mall by intersection closures at Larimer and Stout streets and Glenarm Place. The free MallRide buses that used to zip people from one end of the 1.25-mile shopping and dining district to the other now run in a loop, down 15th Street and back up 17th Street. All of this change was to make way for construction crews to renovate the more than 40-year-old tourist attraction by widening the sidewalks, improving drainage, and adding trees to create a more shady walk.

One of the most time-consuming parts of the project has been the transitway upgrades. Crews are removing the pedestrian walkway between the two bus lanes to make way for wider sidewalks that could make the mall more inviting for pedestrians. They are also replacing the nearly mile-long grid of red, black and gray granite pavers that resemble a Navajo rug or the back of a rattlesnake to address drainage issues on the street. The pavers, a key element of the mall’s original modernist design by famous architect I.M Pei, had an initial life span of roughly 30 years and cost the city about $1 million to maintain each year. The work is about six months behind schedule because crews unearthed underground utilities and a century-old, brick-lined sewer underneath 16th Street.

Some of the barriers have come down, on the block near the Tabor Center between Larimer and Lawrence streets. But the roughly $170 million project — which is funded through a combination of federal, state and local dollars — was initially scheduled to be completed at the end of 2024, but now has a summer of 2025 completion goal.

Sense of place

Not only has the renovation project disrupted businesses along the mall, it has also unwound its sense of place. 

The Downtown Denver Partnership’s recent ground-floor retail activation strategy included the results of surveys showing that 53% of respondents are avoiding downtown because of the 16th Street Mall project. Younger respondents added the lack of transportation options downtown is their biggest impediment to visiting, while higher-income folks cited cleanliness, public safety and parking costs.  

These issues have been compounded by other challenges outside of the city’s control, like the adoption of remote and hybrid work options. In the past year, the office vacancy rate in downtown grew to a record high of 32%, data from CBRE shows. Meanwhile, pedestrian visits are approximately 24% below their pre-pandemic levels, according to data from the Downtown Denver Partnership.  

To business owners like Edwin Zoe, who owns Dragonfly Noodle at 1350 16th Street Mall, these challenges illustrate the need for a new neighborhood concept like the one Denver has proposed near the mall. “Anytime you can identify a certain culture or place, I think that’s a positive,” Zoe said. 

We’re not really trying to address a headwind — we’re facing a hurricane.

— Edwin Zoe, owner of Dragonfly Noodle and Zoe Ma Ma

Right now, those dreams are less valuable than the dollars Zoe needs to keep his store open. Zoe said his Denver store, which opened in 2022 — the same year he was a semifinalist for a prestigious James Beard Award — generates 70% less revenue than his other Dragonfly Noodle location on Boulder’s Pearl Street Mall. Zoe also operates the Zoe Ma Ma noodle restaurant near Union Station and said he remains optimistic that more people will return downtown after the construction ends. 

Denver Mayor Mike Johnston’s administration has issued more than $1.2 million in grants to support 106 local businesses impacted by the 16th Street construction project. The city also issued another $1 million in Business Impact Opportunity Funds in 2023 to 70 downtown businesses that were impacted by homeless encampments. The mayor also plans to extend the Downtown Denver Authority, a financing mechanism that was used to revitalize Union Station in 2014, to attract new private investment and businesses to the mall. 

But these efforts feel like a drop in the bucket compared to the issues that lie ahead. 

“We’re not really trying to address a headwind — we’re facing a hurricane,” Zoe said. 

A new downtown

Reviving a sense of place along the 16th Street Mall seems to be a top-of-mind issue for city officials. 

Denver’s 2023 adaptive reuse survey identified 10 commercial buildings within one block of the 16th Street Mall that could be converted from office to residential. Some of those buildings include the University Building at 910 16th St. and The Colorado Building at 1615 California St.

If completed, the new micro-neighborhood that emerges along the mall could resemble an urbanized version of Tennyson Street in the Highlands neighborhood or South Pearl Street in Platt Park. Not only would this give Denver an opportunity to repurpose the aging commercial buildings that dot the city skyline, but it could also help bring people downtown to support the ailing local businesses along the mall, according to Doug Tisdale, the District H director for the Regional Transportation District, which is a partner agency for the mall upgrade.

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Tisdale added that improving the transportation infrastructure is key to making Denver’s plans work. That’s how people living along the mall can travel between different areas of the emerging neighborhood, “whether by foot, bike or scooter,” he said. The free RTD MallRide shuttle that cruises between transit hubs at Union Station and Broadway could also help move people between the different districts along the mall once the upgrades are complete. 

Homes and transportation options aren’t the only way to bring people back to downtown. There also have to be entertainment options. DDP’s ground-floor retail activation strategy calls for Denver leaders to improve the area’s nighttime economy through music, events and unique retail options. These activities would likely be located near the west end of the mall, closer to LoDo and Union Station, where a lot of entertainment already happens.

Wiebenson added that DDP is also developing four prototype kiosks — each about 100 square feet — to provide affordable options to attract local retailers along the mall. The goal is to “welcome new concepts that are looking for an opportunity to establish a foothold downtown.” 

The kiosks would function similarly to the Partnership’s Popup Denver program, which the city piloted in 2022 and 2023. It was intended to connect entrepreneurs with affordable retail space along the mall, although none of the businesses that participated became full-time tenants on the mall. The new kiosks are expected to be completed later this summer and installed by Labor Day, she said, though where they will be and how much they will cost to lease has not been determined.

But increasing foot traffic with new businesses, entertainment options and tourist attractions is seemingly at odds with creating a neighborhood vibe, which relies on feelings of safety. 

To balance the two visions, Wiebenson said, the city could create “different pockets with amenities for where people are in their lives,” so that the area is no longer thought of as a commercial monolith. She added that the project could help link the mall to distinctive neighborhoods like the Golden Triangle and Upper Downtown, both of which are anchored by local businesses and a distinct arts community. 

“We’ve already got this cool pattern beginning to emerge of these characteristics,” Wiebenson said, “and we can strengthen that by the kinds of businesses we bring in.” 

The Colorado legislature debated more than 700 bills in the lawmaking term that ended Wednesday. 

The Colorado Sun pored through the measures to highlight the ones that passed — and some that failed — that you need to know about.

Gov. Jared Polis has a June 7 deadline to sign or veto bills, or let them become law without his signature.

Housing

House Bill 1007: Starting July 1, local governments will be prohibited from limiting how many people are allowed to live together in the same dwelling, regardless of their familial relationship, under this bill signed into law by the governor. The only exceptions are if the limit is linked to health or safety concerns or to comply with affordable housing guidelines.
CPR NEWS

House Bill 1098: Landlords are now required to renew a tenant’s lease unless they have cause not to do so under this measure signed into law by the governor. Known as the “for-cause eviction” law, it still allows landlords to evict tenants in the middle of their lease for nonpayment and other violations. They could also refuse to renew a lease if they plan to make major renovations, take the property off the rental market or rent it to a family member.
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House Bill 1152:  People who live in parts of the state that are in metropolitan planning organizations —  a list that covers most of the Front Range and the Grand Junction area — would be allowed to build accessory dwelling units or “granny flats” on their properties under this legislation, which is awaiting the governor’s signature. Parking would have to be identified for the new unit. The legislation would also block many existing local regulations that prohibit ADUs. Finally, the bill would create state grant and loan programs to help finance the construction of ADUs built by low-to-moderate income homeowners units and for local governments to incentivize their regulatory work on ADUs.
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House Bill 1175: This legislation would give local governments a new “right of first refusal” to buy publicly subsidized affordable housing properties when their rental restrictions expire.The measure would also require landlords to notify the government if they plan to sell older apartment complexes that aren’t subject to rental restrictions. The local government would then have the right to make a first offer on the property in order to turn it into affordable low-income housing.
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House Bill 1233: This measure, which awaits the governor’s signature, would roll back a requirement in a bill passed by the legislature in 2022 that homeowners associations must physically post a notice on a home when an owner owes them money. However, it adds that the HOA must mail a notice and contact the owner by two of the following: telephone, email or text message.

House Bill 1304:  Cities and towns would be prohibited from establishing or enforcing minimum parking requirements for residential buildings in specific areas under this legislation, which is awaiting the governor’s signature. The measure would take effect June 30, 2025, and apply to parts of the state that are in a metropolitan planning organization —  a list that covers most of the Front Range and the Grand Junction area —  and near certain bus or train stops or routes. Additionally, the legislation would only apply to multifamily residential developments, buildings redeveloped for residential purposes and buildings redeveloped for mixed-us in which at least 50% of the new use is residential. 

House Bill 1313: An estimated 31 local governments — most of them along the Interstate 25 corridor — would be required to change their zoning laws to allow more housing units near major bus and rail corridors under House Bill 1313. The measure would require that those local governments zone for 40 units per acre within a quarter mile of bus stops and a half mile from rail stations. The legislation, a key piece of Gov. Jared Polis’ housing agenda, includes $35 million in financial incentives over four years for communities that comply. The money could go toward things like affordable housing projects. The bill hasn’t been signed yet.
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House Bill 1316: This measure would create a pilot program to offer a new tax credit to developers of middle-income housing. Based on the affordable housing tax credit for low-income families, it would subsidize housing that’s affordable for those who make between 80% and 120% of the area median income. The bill hasn’t been signed by the governor yet.

House Bill 1337: This measure awaiting the governor’s signature would cap the attorneys fees a homeowner’s association can charge a homeowner facing eviction at half of the homeowner’s unpaid assessments and any other money owed to the association, or $5,000, whichever is less. There would be an exception for people who are able to pay higher amounts but wilfully did not pay their debts to the HOA and the cap would increase annually based on inflation. Additionally, the measure would impose a “first right of redemption” on HOA-foreclosed homes sold at auction, giving homeowners, tenants, affordable housing nonprofits, a community land trust, a cooperative housing corporation and the state or local government — in that priority order — 30 days to file an affidavit stating their intent to purchase the property. They would then have 180 days after the sale to come up with the money and complete the deal. House Bill 1337 came after The Colorado Sun published an investigation in August revealing that Colorado HOAs had filed roughly 3,000 foreclosure cases since 2018, more than 250 of which — or roughly 8% — resulted in properties being auctioned off, most for well below market value.

House Bill 1434: This measure would expand Colorado’s affordable housing tax credit, which helps fund development of low-income housing. The bill, which the governor is expected to sign, would allow the state to issue $20 million in new credits this tax year, then lesser amounts through 2027. The bill also includes $30 million through 2029 to fund grants for transit-oriented communities.

Senate Bill 94: This legislation, which the governor signed into law, updates Colorado’s so-called warranty of habitability law, including to require that landlords complete repairs for most issues — like fixing loose tiles or ensuring adequate trash pickups — within 14 days. The bill would give landlords seven days to resolve more serious conditions that can threaten a person’s life, safety or health, like gas leaks, broken heating systems, inadequate running water and pest infestations.
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Senate Bill 111: Senior homeowners wouldn’t lose a popular property tax break if they move under this bill that makes the so-called senior homestead exemption portable. The measure awaits the governor’s signature. 

Senate Bill 134: This legislation, signed into law by the governor, prohibits a homeowners association from restricting someone who lives in their community from operating a business out of their home. 

Senate Bill 174: Under this measure, local governments would be required to conduct housing needs assessments every six years and create action plans to meet those needs. Local governments that make progress on their housing plans would have an advantage in winning grant dollars from a number of state agencies. The bill awaits the governor’s signature.

Guns

House Bill 1174: This measure, awaiting the governor’s signature, would changes to Colorado’s laws around who can obtain a concealed carry permit and how they obtain that permit. It would mandate that training classes to qualify for a concealed carry permit offer at least eight hours of instruction, including a live-fire test where participants shoot at least 50 rounds. Passing the live-fire test, as well as a written exam, would be mandatory to get a concealed carry permit.

House Bill 1348: A gun would have to be in a locked, hard-sided container — including a glove box or center console — out of view when kept in a vehicle under this bill awaiting the governor’s signature. The bill would also require the vehicle to be locked. Violators would face a fine, though there would be exceptions for people who work on farms and ranches or for the military or as law enforcement. 

House Bill 1349: Colorado voters will be asked in November to impose a 6.5% excise tax on firearms and ammunition sold in the state beginning on April 1, 2025, under this measure passed by the legislature. The revenue would go to crime victims, schools and behavioral health programs. 

House Bill 1353: This measure would require firearms dealers in Colorado to obtain a state permit and be subject to random and regular inspections. The legislation, which hasn’t been signed by the governor yet, would also require employee background checks and training for employees to identify people trying to illegally purchase guns. Employees would have to report anyone who tries to unlawfully purchase a gun to law enforcement within 48 hours. Finally, the measure would require  gun stores to lock up their firearms. 

Senate Bill 3: This legislation, which hasn’t been signed into law yet, would give the Colorado Bureau of Investigation authority to investigate firearms crimes. It would also allocate $1.7 million to the agency to investigate people convicted of felonies who are attempting to illegally purchase a gun. 

Senate Bill 66: The governor has signed this measure, which requires that credit card companies assign specific merchant codes to firearms and ammunition dealers by May 2025. The legislation is aimed at making it easier to track gun purchases. 

Senate Bill 131: The Colorado Capitol, courthouses, child care facilities, K-12 schools, colleges and polling locations would be added to the list of places where the open or concealed carry of a firearm is prohibited under this measure awaiting the governor’s signature.

Transportation

Senate Bill 65: Colorado drivers would be prohibited from using a mobile electronic device, such as a cellphone, while driving under this measure awaiting the governor’s signature. The measure has exceptions for drivers using hand-free accessories or those making a call in an emergency. 

Senate Bill 79: Starting in August, motorcycle riders will be allowed to “lane split,” or drive between vehicles in two lanes, when traveling up to 15 miles per hour and overtaking stopped traffic under this measure signed into law by the governor. The change will expire on Sept. 1, 2027, unless extended by the legislature. 

Senate Bill 100: Commercial vehicles would be prohibited starting in August from traveling in the left lane on treacherous sections of Interstate 70 through Colorado’s high country, including Floyd Hill, Georgetown Hill, near the Eisenhower-Johnson Memorial Tunnels, Vail Pass, Dowd Junction and Glenwood Canyon, under this measure awaiting the governor’s signature. Additionally, the bill would increase fines for commercial vehicles that speed through Glenwood Canyon and add a list of mountain routes to the areas where commercial vehicle drivers must carry chains between Sept. 1 and May 31. Finally, the legislation would require the Colorado Department of Transportation to study locations on I-70 through the mountains where additional chain-up and chain-down stations can be built, as well as how to improve existing stations.
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Senate Bill 182: This legislation, which hasn’t been signed into law yet, would make it easier for people living in the country illegally to obtain a driver’s license by eliminating the state’s requirement that they be a Colorado resident, have filed a tax return and have a social security or taxpayer identification number.
CPR NEWS

Senate Bill 184: Colorado’s daily rental car fee would increase to $5.13 from $2.13 under this measure awaiting the governor’s signature. The revenue generated — estimated to be more than $55 million annually — would go toward transit projects, predominantly efforts to build a Front Range passenger rail system. The fee would start in 2025 and increase annually based on inflation starting on July 1, 2026.
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Changes to the tax code or that would otherwise affect your wallet

House Bill 1052: When they file their taxes next spring, qualifying seniors 65 and older at the end of 2024 who make up to $75,000 — or $125,000 if filing jointly — can collect an income tax refund of up to $800 under the measure, which passed with wide bipartisan support and is expected to be signed into law. Homeowners who receive the senior homestead exemption are not eligible.

House Bill 1134: This measure, which the governor is expected to sign into law, would expand the earned income tax credit for low-income households by as much as $200 million annually. Households that make under $65,000 would qualify for a refundable credit worth as much as 50% of the federal tax credit of the same name. The exact value of the credit would rise and fall with economic conditions.
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House Bill 1311: Under this measure, which awaits the governor’s signature, low- and middle-income Colorado families would qualify for income tax credits worth up to $3,200 per child. The exact value of the credit depends on economic growth.
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House Bill 1312: This measure would create a $1,200 income tax credit for child care workers and nurses who provide at-home care or work in certain skilled nursing facilities and make up to $75,000 a year and are a single tax filer. The legislation is a bid to address staffing shortages in the industry. Joint filers who make up to $100,000 would qualify a $2,400 income tax credit. The bill hasn’t been signed by the governor yet.

Senate Bill 228: Coloradans would get temporary income tax cuts in years when the Taxpayer’s Bill of Rights surplus exceeds a certain level under this measure, which would also create two new taxpayer refund mechanisms. The bill, which awaits the governor’s signature, would temporarily cut income taxes to 4.25% from 4.4% this year, the maximum cut allowed under the bill. The legislation only triggers cuts if there’s $300 million leftover after a senior property tax break is funded. In years where the leftover surplus is larger than $1.5 billion, the sales tax rate would also be cut. The measure is part of a deal struck between Democratic lawmakers and the governor, who pushed for temporary income tax cuts as a condition of using large parts of the surplus to fund income tax credits.
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Senate Bill 233: Property tax rates would hold steady this year under this bipartisan, last-minute measure passed by the legislature and awaiting the governor’s signature that wouldn’t affect K-12 funding. The bill would then offer a property tax break in all subsequent years, in part by capping the annual revenue increase for local governments to 5.5%.
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Health care

House Bill 1058: Starting in August, the Colorado Privacy Act will be expanded to protect biological data, including neural data, gathered through new neurotechnologies, used for everything from anxiety treatment to dating app optimization, under this first-in-the-nation bill signed into law by the governor.
THE NEW YORK TIMES

House Bill 1081: The sale or transfer of products with a potency of 10% or greater of sodium nitrite will be limited starting July 1 to verified commercial businesses under this measure signed into law by the governor. The measure is aimed at preventing people from obtaining the chemical to kill themselves. Sodium nitrite products will also have to contain a warning that they are deadly if ingested.
CPR NEWS

House Bill 1136: Starting in 2026, social media platforms would be required under this measure to give pop-up warnings to Colorado youths after one hour of daily use if a teen is using social media after 10 p.m. The notifications would provide information on the harm of social media use, which has been linked to anxiety and depression. The bipartisan measure passed both chambers and awaits the governor’s signature.
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House Bill 1231: Colorado will create its third medical college — at the University of Northern Colorado, likely in 2026 — after the governor signed this bill that also includes a plan to develop a Health Institute Tower at Metropolitan State University of Denver, construct a veterinary health education complex for Colorado State University in Fort Collins and renovate and expand the main building at Trinidad State College’s valley campus in Alamosa to house all the school’s health care programs.
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House Bill 1380: This measure, which hasn’t been signed into law, would prevent hospitals from publicly concealing their involvement in debt collection lawsuits against patients. It was introduced following a joint Colorado Sun/9News investigation into the practice The bill would apply to all debt collection lawsuits broadly, not just those over medical debt.

House Bill 1456: Rates of syphilis infections are booming in Colorado, as they are across the country. This has also led to an increase in the number of babies infected in utero. Current law requires health care providers to offer testing for syphilis — which is treatable by antibiotics — early in the first trimester. This bill, which hasn’t been signed yet, would also require providers to offer syphilis testing early in the third trimester.

Senate Bill 68: Colorado’s waiting period for terminally ill people seeking to use the state’s medical-aid-in-dying law would be shortened in August to seven days from 15 under this bill passed by the legislature and awaiting the governor’s signature. The measure would also waive the waiting period for people expected to die within 48 hours and let advanced practice nurses prescribe aid-in-dying medication.
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Senate Bill 203: People who live with rare diseases are worried that actions by Colorado’s Prescription Drug Affordability Board could make their drugs unavailable. The board has the power to set price caps on drugs it declares unaffordable. But patients fear that a cap might cause a pharmaceutical company to pull out of the market in Colorado or cause pharmacies to stop selling the drug. This bill, which hasn’t been signed by the governor yet, would require the board to consult with the state’s Rare Disease Advisory Council before reviewing a drug.

Criminal justice

House Concurrent Resolution 1002: Colorado voters will decide in November whether to amend the state constitution to once again allow judges to prohibit people charged with first-degree murder from being released on bail from jail ahead of their trials. That’s the effect of House Concurrent Resolution 1002, which was brought after the state Supreme Court ruled last year that the legislature’s 2020 decision to repeal Colorado’s death penalty meant that those defendants were eligible for pretrial release and that judges had to set their bail.
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House Bill 1071: People convicted of a felony can only change their name in Colorado if they can show they have “good cause.” This bill, signed into law by the governor, adds changing a name to conform to a person’s gender identity to the legal definition of “good cause.”

House Bill 1103: The term “excited delirium” is banned from being used in first responder training, in police incident reports and from being listed as the cause of death in Colorado death certificates under this measure signed into law by the governor. The bill was inspired by the death of Elijah McClain in Aurora after an encounter with city police and paramedics.
9NEWS

House Bill 1355: This measure would divert people accused of low-level crimes into mental health treatment instead of requiring them to be “restored to competency” to stand trial, a process that can involve a monthslong wait in jail. District attorneys, public defenders and judges could refer people to the new Bridges Wraparound Care Program, housed within Bridges of Colorado, an independent state office.
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Senate Bill 35: The criminal penalties for human trafficking for involuntary or sexual servitude have been increased under this measure signed into law by the governor. The maximum penalty has been increased to 48 years from a maximum average of 28 years. Additionally, the bill increases the statute of limitations for prosecuting those offenders to 20 years.

Environment

House Bill 1379: This measure was introduced in response to a U.S. Supreme Court decision curbing the federal government’s power to regulate wetlands. The bill, which hasn’t been signed yet, would hand the Colorado Department of Public Health and Environment that responsibility, and require the agency to create a framework to protect the waterways the federal government no longer oversees.
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House Bill 1436: Colorado voters will be asked in November whether to let the state keep all of the sports betting tax revenue it collects under this measure that passed the legislature. Right now, the state is required under the Taxpayer’s Bill of Rights to refund any sports betting revenue it collects in excess of $29 million. If voters reject the ballot question, the excess will be refunded to casinos.
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Senate Bill 81: This bill, which hasn’t been signed by the governor yet, would close loopholes in a 2022 state ban on perfluoroalkyl and polyfluoroalkyl chemicals, known as “forever chemicals,” that are polluting the water supply. It would move up the deadlines to phase out the sale of certain products with those chemicals, and also expand the list of those products.
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Senate Bill 171: Colorado Parks and Wildlife would be authorized to reintroduce the North American Wolverine in Colorado under this measure awaiting the governor’s signature. CPW would be required to create rules to repay livestock owners for losses caused by wolverines. Lawmakers allocated more than $100,000 next fiscal year for the reintroduction efforts.
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Senate Bill 229: State regulators would be required by Aug. 31, 2026, to adopt rules to reduce nitrogen oxide emissions from the oil and gas industry by 50% between May 1 and September 30 from their 2017 levels by 2030 under this bill awaiting the governor’s signature. The measure would also change how the Colorado Department of Public Health and Environment enforces emissions violations and requires the agency to gather and publish data and publish that enforcement work.
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Senate Bill 230: This measure would impose a new fee on oil and gas produced in Colorado, generating an estimated $138 million a year, 80% of which would go to transit projects and the rest of which would go to public lands. The bill, which awaits the governor’s signature, would also require the Regional Transportation District to prioritize completion of its long-promised commuter rail lines between Denver and Longmont and Denver and north Adams County.
READ MORE: Governor, Democrats reach long-term air quality and transit deal
READ MORE: Governor, legislature have spent 2024 trying to reshape RTD

Senate Bill 218: This measure would direct Xcel Energy to develop more comprehensive plans to upgrade the distribution grid, which brings electricity to homes and businesses and is under pressure from increased use. The bill, which is awaiting the governor’s signature, would allow the utility to recover costs by adding charges to residential and commercial bills.
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Business

House Bill 1121: This so-called right to repair legislation, when signed by the governor, would require tech and appliance companies to make available tools and software to repair their products. Sponsors of the measure say it would apply to everything from blenders to cellphones.

House Bill 1129: This measure, which hasn’t been signed by the governor, would place new requirements on third-party delivery companies like DoorDash or UberEats, including that all tips be paid to drivers, that drivers be told up front how much they are expected to earn for a trip and that the companies develop a driver deactivation policy that is made available in multiple languages. The bill would also require that the companies give drivers at least a minute to decide whether to accept a delivery.  

House Bill 1378: Venues would be required to admit ticket holders to an event regardless of where they purchased the ticket under this measure awaiting the governor’s signature. The bill would also make it a deceptive trade practice for a company to not disclose fees associated with a ticket purchase before a buyer tries to complete their transaction.
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Senate Bill 173: This measure, which hasn’t been signed into law yet, would require funeral directors, mortuary science practitioners, embalmers, creationists and natural reductionists to obtain a state license starting in 2027. To get a license, people working in those professions would have to graduate from an accredited institution, pass a national board exam, complete an apprenticeship and be subject to a criminal background check. Colorado is currently the only state does doesn’t require licensure for directors and others who work in the funeral industry.
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Senate Bill 75: Ride-share companies like Uber and Lyft would have to disclose to their drivers starting next year how much riders are paying for each trip and make it clear to riders how much their drivers are being paid under this bill awaiting the governor’s signature. The legislation would make a host of other changes to the way the state regulates the rideshare industry.

Senate Bill 205: Companies that use artificial intelligence to make “consequential” decisions — such as whether a Coloradan gets a job, house, loan or medical coverage — would have to disclose to consumers when they are using AI under this measure awaiting the governor’s signature. Some in the AI business community criticized the bill as coming too early, while consumer advocates feel it doesn’t go far enough. While other states have been pursuing similar legislation this year, the Colorado bill appears to be the first of its kind nationwide. If signed, it would take effect Feb. 1, 2026.
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Education

House Bill 1003: This measure, signed into law by the governor, gives school bus drivers and other school employees who accompany students on buses the same civil and criminal immunity as other staffers when it comes to administering opioid overdose drugs. The legislation also lets schools keep a supply of fentanyl test strips and provides civil and criminal immunity to school personnel who use them. Finally, the bill also lets districts keep those overdose reversal drugs at schools, on school buses and at school-sponsored events.

House Bill 1017: The measure gives foster children their own official “bill of rights,” strengthening a number of existing protections in state child welfare laws. The rights include freedom from discrimination and harassment, invasions of privacy and unreasonable searches. Transgender children would also have the right to be referred to by their preferred name and pronouns. The law, signed by Polis in April, requires the state to notify foster kids of their rights at every placement and explain what to do if their foster parents violate those freedoms.
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House Bill 1039: Public school employees are required to address pupils by their chosen name and knowingly or intentionally using a different name would be considered discriminatory under this measure signed into law by the governor. The legislation defines chosen name as “any name that a student requests to be known as that differs from the student’s legal name, to reflect the student’s gender identity.”

House Bill 1044: Under this new law signed by Polis, hundreds more retired public school teachers can return to work after they’ve begun drawing pension benefits through the Colorado Public Employees’ Retirement Association. The measure raises the current limit of 10 retired teachers per K-12 district, allowing schools to hire one more retiree for every 1,000 students in district’s with 10,000 or more pupils. The pension system is required to report every five years on the financial impact of the changes, which could add as much as $200 million to PERA’s unfunded debt.
THE UNAFFILIATED

House Bill 1164: Under this measure, K-12 schools across the state would be required to provide free menstrual products to students in all applicable bathrooms as soon as the 2025-26 year. Initially, the requirements would only apply to urban and suburban school districts and charter schools; they would kick in for rural schools and the Colorado School for the Deaf and the Blind starting in July 2028. The governor hasn’t signed the legislation yet.

House Bill 1394: Starting next school year, the state will provide additional funding to state-sponsored charter schools in communities where local voters have increased property taxes for traditional public and charter schools. The bipartisan measure, which Polis signed into law, equalizes the per-student funding received by Charter School Institute schools that don’t benefit from the local property tax bumps, known as mill levy overrides.

House Bill 1448: Many rural schools and districts with high concentrations of at-risk kids would benefit under this attempt to rewrite the school finance formula for the first time in 30 years. But wealthier districts with a high cost of living could lose out under the measure, which would prioritize student need-based factors over local economic conditions that districts say make it hard to pay teachers a living wage. The bill awaits the governor’s signature.
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Senate Bill 188: Next school year, Colorado would fully fund K-12 education for the first time since the Great Recession under the annual School Finance Act, which has passed both chambers and is expected to be signed into law. The measure boosts base funding per pupil to $8,496 and eliminates Colorado’s long-running school funding deficit, known as the budget stabilization factor.
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Senate Bill 216: Public libraries in Colorado would be prohibited from banning books or other resources based on the ethnic origin or gender identity of the creator, nor could they enact a ban because of partisan disapproval under this bill awaiting the governor’s signature. The bill would also prohibit a public library employee from being fired, demoted, disciplined or otherwise retaliated against for refusing to remove a book or other resource before it has been reviewed in accordance with the library’s policies. 

Other bills that passed

Senate Concurrent Resolution 3: Colorado voters will be asked in November to amend the state constitution to remove the ban on same-sex marriage under this resolution passed by a supermajority of the legislature. Same-sex marriage is legal in Colorado, but the constitutional provision defining marriage as being between a man and a woman remains.  

House Bill 1048: Veterinarians will be allowed to provide telemedicine under this measure signed into law by the governor. 

House Bill 1051: This measure, which hasn’t been signed by the governor yet, aims to tighten regulations on towing companies, including by prohibiting them from patrolling or monitoring a parking area for enforcement purposes. It would also require tow companies to return vehicles to their original location within 48 hours of an improper tow. 

House Bill 1059: An independent commission would be created and meet every four years to recommend pay adjustments for elected officials in the state under this legislation passed by the General Assembly. The first report would be due in December 2025, with recommendations to take effect Jan. 1, 2027. Annual wage adjustments would be made to account for inflation. The measure would also increase the per diem pay for state lawmakers.

House Bill 1147: Colorado campaigns would be prohibited from using artificial intelligence to create and disseminate deepfakes — an image, video or piece of audio that falsely appears to be authentic but really depicts someone appearing to say or do something they didn’t say or do — without a clear disclosure under this bill awaiting the governor’s signature. 

House Bill 1150: It is now a crime to be a presidential elector who doesn’t back the presidential candidate who wins the most votes in Colorado presidential elections under this measure signed into law by the governor. The measure also makes it a crime to assist someone in becoming a false elector or conspiring with another person to become a false elector. Violators face a fine of up to $10,000 and if convicted would be barred from serving as a member of the General Assembly or holding any office of trust or profit in the state.

House Bill 1244: Colorado coroners would be restricted as to whom they could release a child’s autopsy report to under this measure awaiting the governor’s signature. Members of the public could not obtain a child’s autopsy report unless the juvenile’s death happens while they are in custody or under the supervision of the state or a local government, including foster care or in a public school.

House Bill 1280: The state would provide around $2 million in grants to community organizations to help integrate migrants in Colorado under this measure. The welcome grant program created by the bill is aimed at helping recent arrivals to the U.S. find a job, enroll their kids in school and access certain social services.

House Bill 1360: This measure, passed by the General Assembly and awaiting the governor’s signature, would create Colorado’s first ever Disability Opportunity Office, which would be housed within the Department of Labor and Employment. The office’s four employees would provide guidance to the governor and state agencies on accessibility problems, and implement a statewide strategy to promote economic stability and societal integration for those with disabilities.
COLORADO NEWSLINE

House Bill 1430: The long bill, the central piece of a budget package of more than a dozen pieces of legislation, authorizes $40.6 billion in state spending for Colorado’s 2024-25 fiscal year, which starts July 1. The state budget funds large pay raises for state workers and increases spending on health care services, K-12 and higher education. General fund spending is set to increase by $1 billion next year under the measure, which Polis signed into law. That’s a 7% bump from the current budget year. The Department of Health Care Policy and Financing, which administers Medicaid and other public health programs, was responsible for about half of the general fund budget growth.
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House Bill 1472: This measure, the product of a deal between trial lawyers, business interests and the insurance industry, would raise award caps in Colorado personal injury and medical malpractice cases to as high as $2.1 million. The bill was negotiated with the help of a bipartisan group of lawmakers, as well as the governor’s office. It hasn’t been signed yet. In exchange for the legislation, lawyers have agreed to abandon a ballot effort to eliminate the caps altogether, including a $300,000 cap on medical malpractice claims.
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Senate Bill 53: This measure would create a commission to study racial inequities affecting Black Coloradans and propose solutions to address them. The bill calls for an economic analysis on the generational harms caused by systemic racism, and directs History Colorado, the state historical society, to help study discriminatory policies dating back to slavery. If the governor signs the bill into law, the commission’s work would be funded through $785,000 in grants and donations.
CPR NEWS

Senate Bill 58: If a landowner erects signs — at least 8 inches by 10 inches — warning of dangerous conditions, structures and activities on their property, they cannot not be sued by an injured visitor for “a willful or malicious failure to guard against a known condition,” under this legislation signed into law by the governor. The signs may be installed at trailheads, instead of at each and every hazard.
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Senate Bill 157: This bill, which was signed into law by the governor, changes how the state’s open meetings laws apply to the legislature, including making written communications among two or more lawmakers exempt, though still subject to Colorado’s separate open records laws. Additionally, the legislation exempts lawmakers from having to provide advance notice of a meeting, or recording and taking and posting minutes of a gathering, unless public business — like legislation, resolutions or memorials — is being discussed and only when there’s a contemporaneous quorum. Exempt from public access are conversations that are “by nature interpersonal, administrative or logistics or that concern personnel, planning, process training or operations.” The legislature’s executive committee is also required under the bill to take public comment on how open meetings laws apply to the legislature and consider changes to the statutes.
THE DENVER POST

Notable bills that failed

Senate Concurrent Resolution 1: This measure would have referred a question to the November ballot asking voters to amend the state constitution to let victims of child sex abuse from decades past sue their abusers even if the statute of limitations has run out. It needed a supermajority of support to pass, but fell one vote short in the Senate after every Republican in the chamber voted against the resolution.
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House Bill 1028: Local governments in Colorado would have been able to authorize the formation of centers where people could openly use illicit drugs under the supervision of workers trained in reversing overdoses under this bill. The measure passed the House, but was rejected in the Senate Health and Human Services Committee.

House Bill 1057: Landlords would have been limited in how they can use computer algorithms in setting rent under this bill, which would have made it a violation of consumer protection laws to use nonpublic data from competitors to set rent prices. The bill passed the House, but was amended in the Senate to allow the practice in many circumstances. The House rejected the Senate’s changes and the Senate refused to revisit the measure, killing the legislation in the final days of the session.

House Bill 1158: This measure would have required that the minimum bid for HOA-foreclosed homes being sold at auction be set at roughly 60% of the property’s market value. Right now, the minimum bid is set at whatever the homeowner owes their HOA, which may only be a few thousand dollars. The bill failed by one vote during its final debate on the House floor.
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House Bill 1162: This measure would have increased the criminal penalties for stealing a firearm valued at up to $300 a Class 2 misdemeanor, punishable by up to 120 days in jail, up from a petty offense. The measure was rejected in its first committee hearing.
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House Bill 1163: This measure would have required pet owners to register their animals with the state each year for a minimum fee of $8.50. The fee revenue would have gone to shelters. Violators would have faced a $100 fine. The bill was unanimously rejected in its first committee hearing.

House Bill 1169: Colorado’s public pension would have been able to invest in companies that economically boycott Israel under this legislation that was rejected during its first committee hearing.
THE DENVER POST

House Bill 1239: This measure would have required local governments to change their codes by Dec. 1, 2026, to allow a single stairwell exit for buildings up to five stories tall. The legislation, pitched as a way to increase housing, was rejected in its first committee hearing.

House Bill 1270: Coloradans who own a firearm would have been required to have homeowners, renters or other liability insurance starting in 2025 under this bill that died on the calendar in the Senate. Gun owners would have been able to petition a judge for an exemption in certain situations, including after being denied coverage by at least two insurance carriers. The bill would also have required insurers to make firearms coverage available as part of liability coverage for homeowners and renters policies, though they could offer discounts for people who own a gun safe or other secure firearm container. Violators would have faced fines.

House Bill 1292: For the second year in a row, a bill that would have banned the purchase, sale and transfer of a broad swath of semiautomatic firearms, defined in the measure as assault weapons, failed in the Colorado legislature. House Bill 1292 was killed in its first Senate committee at the request of one of its Senate sponsors, who said “more conversations need to take place.”
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House Bill 1296: This measure would have increased the time government agencies in Colorado have to respond to open records requests to between five and 10 days from three to seven days, with an exception for requests made by the news media. In some cases, agencies would have had a month to respond. The bill was rejected in the Senate.

House Bill 1299: This legislation would have imposed Colorado’s commercial property tax rate on properties offered as short-term rentals when they belonged to a person or business that owned at least two other homes. It was rejected during its first committee hearing in the House.
VAIL DAILY

House Bill 1363: This legislation was designed to tighten rules for Colorado charter schools and make them more transparent and accountable, but it was fiercely opposed by both Democratic and Republican supporters of education reform. It was rejected in its first committee.
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House Bill 1433: The parole board would have handed the responsibility to make decisions on whether to grant parole to Young Adults Convicted as Adults Program within the Department of Corrections under this measure that was rejected in a Senate committee. Right now, the governor makes those parole decisions using recommendations from the parole board.

Senate Bill 33: This measure would have quadrupled the property taxes on Colorado homes rented as short-term rentals for more than 90 days a year. It was rejected in the Senate Finance Committee.
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Senate Bill 43: Coloradans would have been allowed to buy raw milk at farms, farmers markets and roadside stands under this measure that spoiled in the Senate. Sen. Dylan Roberts, a Frisco Democrat, said he sidelined the measure because of the bovine outbreak of avian flu.
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Senate Bill 106: This so-called construction defects measure aimed to limit when lawsuits could be filed against developers over building errors and in turn encourage condominium construction in Colorado. It passed the Senate but was rejected unanimously in a House committee when it became clear it wouldn’t have enough support to pass.
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Senate Bill 146: Renters would have received an income tax credit worth up to $1,000 under this measure that died on the calendar in the House. Only renters who make less than $75,000 — or $125,000 if filing jointly — would have qualified for the credit. 

Senate Bill 159: New oil and gas drilling in Colorado would have been banned by 2030 under this measure that was rejected by a bipartisan majority of the Senate Agriculture and Natural Resources Committee during its first hearing.
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Senate Bill 181: This measure would have imposed beer, wine and liquor fees on alcohol manufacturers and wholesale distributors, the revenue from which would have gone to substance abuse treatment. It was rejected by the House Finance Committee. 

Colorado Sun staff writers Sandra Fish, John Ingold, Tamara Chuang, Parker Yamasaki and Mark Jaffe contributed to this report. 

If all 35 companies approved in 2023 take Colorado up on its offer of a tax credit to move or expand here, they’ll create more than 12,700 new jobs in the state in the next eight years. 

The past year’s slate of approved job-creation tax credits is valued at $146 million, or double the amount approved in 2022 — and for twice the potential new workforce. From startups like Alquist, which plans to 3D-print houses in Greeley, to lithium-ion battery manufacturer Amprius Technologies in Brighton and several space- or semiconductor-related firms weighing a move to El Paso County, the new cohort joins more than 300 past awardees that have qualified for $1.45 billion of tax credits and created around 20,000 jobs in 14 years. 

But so far, most awards have gone untouched. In a Colorado Sun analysis of the state’s Job Growth Tax Credit, available since 2009, companies have requested $244 million as of 2022. But only about $66.3 million has been used to offset state tax revenue, according to Colorado Department of Revenue and Office of Economic Development and International Trade data. State tax data was only available through 2021, so by the end of 2021, about 5.4% of the total tax credits approved in 14 years had been used. That rate is expected to rise as more companies hire new workers. But many just haven’t met their goals. 

“What I really love specifically about the Job Growth Tax Credit Program is it is based on the company’s projections over an eight-year period,” said Sean Gould, deputy director of financial analysis at the state’s Office of Economic Development and International Trade. “And it’s performance-based so some businesses never reach their employment goals that they projected and that’s OK. Then the amount they earn (in tax credits) is much less.”

Public incentives that use taxpayer revenues to support corporations are closely watched by government-accountability organizations like Good Jobs First, a critic of economic development subsidy programs. While the amount redeemed in Colorado job-growth credits is lower than what was approved, that’s still $66.3 million claimed. 

“It’s long been our opinion that at a minimum, they (incentives) are too expensive relative to the benefits,” said Jacob Whiton, a research analyst at Good Jobs First. “To the extent that we’d ever think these programs can be effective, it’s about improving job quality and creating better jobs than would have otherwise existed, whether that means higher wages or better benefits. … But it’s all relative to the cost. Even a program that does target high-wage employment and steers it into places where it doesn’t currently exist, that comes at the expense (of) investments in public education in those places, on transit services and whatever the need may be.” 

While Good Jobs had concerns with other state subsidies, it called Colorado’s job-growth incentive the one “redeeming aspect” because “job projections and outcomes are well-disclosed for each recipient.”

For growing companies, utilizing incentives is part of due diligence, said Chris Petersen, cofounder of RADICL Defense, a Boulder cybersecurity startup approved last January for a $2.4 million job-growth credit. 

“I think every entrepreneur should try to find the most efficient ways to capitalize the business as best they can,” he said. “If there are grants and economic development programs or partnerships that allow them to acquire capital or resources at a lower cost to the business … it’s a very important consideration.” 

Petersen had every reason to pick Colorado. It’s where he built his last company, LogRhythm, an IT firm, in 2003. Private equity firm Thoma Bravo acquired a majority stake in 2018 and he left a year later. He still lives in the area. He grew up in Fort Collins and has family here. He’s also connected to the local security and tech community. But his wife was getting tired of cold winters so Florida was considered, too.

He said he hadn’t looked at incentives in the past but felt he had time to do so with RADICL, which aims to provide better cyber defenses for small businesses. However, he’d forgotten that LogRhythm had benefited. In 2016, the company was approved for a $2.2 million credit based on plans to create 74 new jobs. LogRhythm has shown up only once on the list of tax-credits issued, for $84,085 in 2017. 

Since getting the tax credit a year ago, RADICL has doubled its staff to 15. Getting to 491 jobs to receive the maximum tax credit may seem like a long shot, but he’s been there. 

“It’s hard to say if that’s the goal or not, but that certainly could be the outcome,” Petersen said. “We modeled it after the growth rate of LogRhythm that was realized. At LogRhythm in 2006, I think we were around 10 or 12 people or so, if my memory holds. Eight years later, we were around 500 people.”  

Why redemptions are a fraction of what’s been approved

The low amount claimed is partly due to the long process to qualify, state officials said. Companies have 18 months to start and eight years to claim the credit. 

Not all applicants make it that long. Some don’t stick around after the Economic Development Commission approves the offer. Or they don’t let the state know their choice. Some who’ve been approved don’t ask for any credit.  

And some just don’t make their goals. Comcast Corp., which has received several job-growth awards in the past decade, didn’t take advantage of its latest one, $8.1 million for 635 new jobs at a new call center in Fort Collins in 2016. The facility closed in 2019 and never reached that number, a spokeswoman confirmed.

Others are trying again. “Project 14er,” a company developing better battery storage for vehicles and mobile devices, was first approved in July 2021 but didn’t meet the 18-month deadline to get started. It applied again in November, as “Project Solitaire” and was approved for $7,607,743 in credits if it creates 631 new jobs. 

And there are other scenarios like United Airlines, which was awarded a $3,790,995 job-growth credit last February for 240 new jobs. The airline plans to use the credit toward expanding its flight training center in Denver. But the campus isn’t expected to be completed until 2027 so those tax credits won’t be touched for a few more years. 

According to OEDIT, 72.8% of the 356 approved companies since 2009 did pick Colorado. But 14.9% have not moved forward or are inactive, 3.7% picked another state and 8.7% are still undecided. Again, not all companies keep the office in the loop.

“We don’t know what the actual (breakage) number is, but we’ve guessed only 50% of the tax credits we issue end up actually offsetting revenue,” said Gould, with OEDIT. “A lot of them expire, especially with capital-intensive businesses. They just don’t pay any state income tax. I mean huge, huge companies, or for that matter, huge companies that have their headquarters here but sell their products outside of the state — they are not going to pay state income tax. And so we can give them a $4 million tax credit certificate for creating 1,000 jobs but if they only have $60,000 in state income tax liability because they sell outside of the state, then most of that is going to go away.”

During the 2000 tax year, OEDIT issued the highest amount of tax credits, at $47.8 million. It fell the following year and was down to $25.9 million in 2022. OEDIT has no idea if companies take the maximum credit because that taxpayer data is considered confidential and not shared by the Department of Revenue.

But Gould said changes are made to existing years depending on when requests are filed. It’s also a complex process to vet new hires, wages paid and other requirements. He said he’s working on a 2021 claim right now.

But the revenue department also saw a decline in redeemed job-growth credits, too. Data lags with 2021 out only this month. The revenue department shows just $10.6 million worth of job-growth credits was used in 2020, or 1% of the total amount the Economic Development Commission has approved to date. In 2021, that fell to $9.7 million. The annual public totals exclude non-resident tax returns due to taxpayer confidentiality on smaller amounts. But in a state auditor’s report, about 2.4% of the job-growth credits in 2018 was from this “composite” group.

Likely, companies weren’t eligible for the full amount, said Derek Kuhn, a DOR spokesman. 

“This credit is not refundable, so that means the business must have owed some tax in order for all or a portion of the credit to be applied,” Kuhn said in an email. “Amounts of credit that were awarded but not used in a tax year (for example, if OEDIT awarded $100,000, but the taxpayer could only use $20,000 because they only owed $20,000 in tax) may be carried forward and applied to tax owed in future years subject to the statute.”

In the state auditor’s report in 2022, auditors deemed the job growth incentive “likely had some effect on businesses’ decisions” to pick Colorado, but found that one-third of 210 companies approved between 2014 and 2020 didn’t move or expand here. While 135, or 64%, picked Colorado, 18, or 9%, chose to move forward in Colorado but later canceled their contracts. And 57 companies, or 27%, did not pick Colorado.

The audit acknowledged there’s a lag in claiming credits. With OEDIT issuing between $7 million and $47 million a year from 2014 to 2020, “This suggests that the revenue impact of the credit may increase substantially in future income tax years,” according to the audit.

Attracting new companies and adding new jobs to replace those that leave is a responsibility of the economic development office, Gould said. According to OEDIT’s count of the job-growth incentive, 259 companies have moved to Colorado or expanded their headquarters in the past 13 years. By requiring proof of performance before issuing any tax credit, Colorado is more fiscally responsible than other states even if companies don’t claim the credit, he added. 

“In every single way, I believe it’s a valuable incentive,” Gould said. “There was one EDC commissioner that said, ‘You know, if you’re going to invite somebody over to your house, you at least got to offer him a cup of coffee or a glass of water,’ and that’s sort of what this is.” 

The price of public incentives

Public incentives have been used for years to lure corporations to a region. But splashy packages in the past decade to woo Amazon’s second headquarters or Wisconsin’s $3 billion bid for Foxconn Technology Group’s high-tech manufacturing plant had critics calling public incentives “a race to the bottom.” Those two events in particular created criticism of corporate tax breaks, but really it was just publicizing what happened all the time, said John Buhl with the Tax Policy Center, part of the Urban Institute and Brookings Institution, which analyzes tax issues. Excessive incentives have, though, led to a rethinking of what’s offered.

“We’re seeing some movement to at least do a better job of tracking the results,” Buhl said. “What actual jobs are being created? Are expectations being met? What other independent analysis can we do to at least make sure that we are holding people getting taxpayer dollars accountable and making sure the proper oversight exists.”

Colorado is rated higher than other states when it comes to evaluating tax incentives it offers for economic development, though it’s not among the top 10, Buhl said. According to a report by his previous employer, Pew Charitable Trusts, Colorado landed in the upper half of the 50 states and was “making progress.” The state’s job-tax-credits incentive came about in 2009, with updates made in later years to add some guardrails to reward incoming businesses only if they produce the jobs. 

But despite research that typical public incentives aren’t usually the deciding factor for a company’s location decision, Buhl said he doesn’t think they’re going away anytime soon.

“I think we’ve made progress there, but as far as economic development incentives and giving money to specific projects, I think it’s just going to keep going up,” he said. “There’s nothing really to stop it because essentially the only way you can stop it is one state has to unilaterally disarm and say we’re not going to do this anymore. But then their neighbors are going to keep doing it and they’re going to think their neighbors are winning everything.”

Multiple incentives available

Colorado offers more than just the job-growth tax credit to businesses. Strategic funds provide cash to businesses that are expanding or relocating, though they’re required to create new jobs, too. During fiscal year 2022-23, strategic incentives, which require a local match, totaled $6.1 million in cash incentives to fund 1,019 new jobs.

In addition, federal policy, such as the CHIPS and Science Act to attract computer chip manufacturing back to the U.S., has supplemented state support, said Michelle Hadwiger, OEDIT’s director of global business development. 

An unnamed company, code-named “Project Hydrogen,” didn’t get the job-growth incentive from the state last month but was approved for $10 million as part of the CHIPS Refundable Tax Credits program. The new credit was created by lawmakers in last year’s House Bill 1260 because federal funding requires a state contribution. Earlier this month, Gov. Jared Polis announced that the company was Microchip Technology, which has an existing manufacturing plant in Colorado Springs and employs about 1,000 people in the state. The semiconductor firm said it would use the $90 million grant from the federal program to expand its fabrication plant in Colorado Springs, hire 400 more workers and triple production.

“We see significant investment in large, sticky industrial assets, which make it harder to move out of a state once you have that investment here. Whereas a typical headquarters that relocates, it’s easy to pick up and move overnight and take those employees because they’re butts in seats,” Hadwiger said. 

Other awards were part of multiple programs, such as strategic incentives, which require city and county governments to provide a match. Alquist 3D, which specializes in building houses using 3D-printed technologies, was approved in August for $1 million in job-growth tax credits if it creates 79 new jobs in Colorado by 2031. 

But it also received a $335,000 award from the state’s Strategic Fund Incentive, which matched a similar amount from the city of Greeley and requires proof that Alquist raised $1.5 million in capital for the project. 

“The incentives were certainly a factor in us deciding to choose Colorado,” said Zach Mannheimer, the company’s founder, who’d considered Iowa, where he lives, and Virginia, where the 3-year-old startup already handed over keys to new homeowners of Alquist’s first 3D-printed houses. “But there were two major factors that put it over the top for Colorado.”

The city of Greeley, which provided another $2.4 million in incentives, also hired Alquist for infrastructure projects, such as 3D printing sidewalk curbs and planters, which began in December. But also important, the startup partnered with Aims Community College to create a workforce program. In December, the college announced the $25.5 million Aims Workforce Innovation Center at its Greeley campus. The 45,000-square-foot facility will include lab and office space and train students for careers in 3D construction. Opening date is “early 2026.”

“This is key to us,” Mannheimer said. “To me, providing housing is important but the workforce development opportunities that are going to grow out of this 3D world are astronomical. That’s a big focus for us — how many jobs can we create? … It was really the best package that we could see for what we wanted to do.”

Story first appeared in:

From the release of wolves to ground-breaking legislation, it’s been another interesting year in Colorado. Thousands of migrants from Venezuela made their way to Denver while the new mayor worked to address the city’s homelessness crisis. Rural areas waded through water rights issues and the fickle water supply, and mountain towns continued to see visitors wanting adventures and their workforce struggling to live in the communities they serve.

Our team at The Sun has been to every corner of the state in the past year to bring news and feature stories of statewide significance. It took plenty of conversations, serious mulling and a lot of emails and messages, but we’ve narrowed down our picks of some of the best photos and stories of 2023. Did we hit them all? Not by a long shot. But we hope our selections help remind you of the best and most important moments of the year and convince you to stick with us for the future.

Wolves

Just last week, 10 wolves from Oregon were released in Colorado, launching the voter-approved reintroduction of wolves in the state. It was a long haul, from the Colorado Parks and Wildlife finalizing its plan to find wolves to Monday’s release. It’s the start of a 3- to 5-year process that has already seen plenty of dissension and conflict.

Colorado Parks and Wildlife released five gray wolves onto public land in Grand County on Dec. 18, including wolf 2302-OR, a yearling female from the Five Points pack in Oregon that weighed 68 pounds. (Provided by Colorado Parks and Wildlife)

While we’re talking about wildlife

Horse roundups continued on the Western Slope and hundreds more were removed, meanwhile wildlife officials also this year dealt with a couple of invasive species. But one thing we can all agree on: Colorado high-country pikas are cute. 

ABOVE: A Pika pokes out of the rocks, bottom left, while volunteers go through Colorado Pika Project training near Trail Ridge Road on July 24. (Kristi Odom, Colorado Pika Project, Special to The Colorado Sun) BELOW LEFT: Crews with CPW spray mussel-killing chemicals into Highline Lake near Loma on March 1. The invasive species was detected at the lake last September, marking the first time they were found in a body of water in Colorado. (Barton Glasser, Special to The Colorado Sun) BELOW RIGHT: Cindy Day keeps an eye on a small group of wild horses while holding a dart gun on the Piceance-East Douglas Herd Management Area on June 21 near Meeker. Day, in collaboration with the Bureau of Land Management, fires fertility-control darts at wild mares in an effort to control the overpopulation of mustangs. (Hugh Carey, The Colorado Sun)

Diversity in the outdoors

Millions of people, mostly white, get out into the Colorado outdoors every year. But there are people and groups who continue to help open roads to underserved groups.

ABOVE LEFT: Nelson Holland at Rocky Mountain Arsenal National Wildlife Refuge on Dec. 14. Holland moved to Colorado around 2014 and now has over 70,000 TikTok followers under his account @fatblackandgettinit. (Olivia Sun, The Colorado Sun via Report for America) ABOVE TOP: Skiers dance at the MidVail pavilion following a BBQ during the National Brotherhood of Skiers summit Feb. 8 at Vail. (Hugh Carey, The Colorado Sun) ABOVE BOTTOM: Canyon River Instruction’s Elisha McArthur puts on glitter before putting in the Arkansas River on July 19 near Salida. McArthur has been a raft guide since age 15 and started Canyon River Instruction offering women-specific whitewater rowing courses. (Hugh Carey, The Colorado Sun) BELOW: Andrea Ramos with her daughter, Jimena, during a hike Oct. 16 in Avon. “She can smell the difference,” her father, Mario, says of the 10-year-old with cerebral palsy on a nature walk. (Hugh Carey, The Colorado Sun)

Adventure

For those with the means to roam — and a tolerance for risk — Colorado serves up an endless supply of outdoor adventures, from adrenaline-spiking thrills to moments of seclusion and serenity. But the secret’s out, and carving out a private nook in the playground can take patience and planning.

Laura Kottlowski ice skates on an high alpine lake inside Rocky Mountain National Park on Feb. 18 near Estes Park. (Hugh Carey, The Colorado Sun)

Agriculture

Producers of some of Colorado’s best-known crops scrambled to keep ahead of the unexpected. Drought and hail brought thin profits to wheat farmers. Tiny worms infested Olathe’s famous sweetcorn fields. In southern Colorado, heavy rains dampened, but didn’t decimate, the annual chile harvest, while the grape growers of Fremont County helped float a resurgence in little-known wines.

ABOVE: Justin Lewton removes stalks of feral wheat with a pocketknife in a field south of Fort Morgan on July 28. The presence of feral wheat, an annual grass weed, can result in lower yield and grain quality of a harvest of red winter wheat. (Olivia Sun, The Colorado Sun via Report for America) BELOW: A worker moves yellow onions from a truck to a storage facility in Olathe on Oct. 20. (William Woody, Special to The Colorado Sun)

Education

Strained budgets, a persistent teacher shortage and sharp divisions over issues of race, gender and sexuality made for another charged year for Colorado schools, even as they grappled with continuing fallout from the pandemic. Amid the tumult, the state’s largest teachers union showed its political muscle, helping to get most of its preferred candidates onto local school boards. 

LEFT: Naomi Peña Villasano, a senior graduating from Grand Valley High School in Parachute, stands for a portrait wearing her Mexican-American sash at the state Capitol building in Denver on May 5. Peña Villasano’s school threatened to not let her walk if she wore the garment. (Eli Imadali, Special to The Colorado Sun) RIGHT: Elfreida Begay teaches a Navajo language class at Durango High School on Nov. 2. (Nina Riggio, Special to The Colorado Sun)

Arts & Culture

Arts patrons and concertgoers are getting back into the seats after the pandemic silenced much of the entertainment world. Yes, Colorado was part of the Taylor Swift spectacle, but we learned Coloradans also are still feeling the old school vibe at drive-ins.

ABOVE: Anthony Pages, left, readies himself to catch his airborne wife, Vanya, 60 feet above the ground during their trapeze act Aug. 27 at the Colorado State Fair in Pueblo. The High Flying Pages, like most fair entertainers, perform multiple shows a day. (Mike Sweeney, Special to The Colorado Sun) MIDDLE LEFT: Rita the Rock Planter, made out of wooden planks and dead tree branches by Danish artist Thomas Dambo, finds new home outside Victor on Aug. 4. (Hugh Carey, The Colorado Sun) MIDDLE RIGHT: Madeline Dannewitz, Zane Masslic and their dog, Dasher, watch previews before the screening of “Indiana Jones and the Dial of Destiny” at the Holiday Twin on July 11 in Fort Collins. (Olivia Sun, The Colorado Sun via Report for America) BELOW: A dancer performs on the floor in sync with the drummers during the 47th annual Denver March Powwow on March 17 at the Denver Coliseum. Native American dance groups representing nearly 100 tribes from U.S. and Canada converged as a kickoff to the summer’s powwow season. (Hugh Carey, The Colorado Sun)

Michelin comes to Colorado

For nearly a century Colorado cuisine has flown under the radar when it comes to the Michelin Guide — that star-studded bible of fine dining — but no more!  In September, five Colorado restaurants were awarded Michelin stars, a mark of excellence in the culinary world poised to bring new attention to the state’s thriving restaurant scene. 

Guests mingle at Colorado’s first Michelin Guide ceremony Sept. 12 at Mission Ballroom in Denver. Michelin inspectors assess a restaurant based on five criteria: product quality; mastery of cooking techniques; harmony of flavors; voice and personality of the chef as reflected in the cuisine; and consistency over time across a menu. (Olivia Sun, The Colorado Sun via Report for America)

Sports (high highs and low lows)

Fans watched as professional sports in Colorado went in opposite directions with the Nuggets claiming their first NBA title and filling the streets of downtown Denver, while the Rockies endured their first 100-loss season in team history. And if that wasn’t enough, there was plenty going on as Coach Prime started a new chapter for CU football. 

ABOVE: Denver Nuggets fans celebrate at Civic Center park in downtown Denver on June 15 following the team’s NBA championship win earlier in the week. MIDDLE: Denver Nuggets point guard Jamal Murray, left, sprays champagne on the parade float with the NBA finals MVP Nikola Jokic, right. BELOW: Colorado Rockies fans watch in disbelief late in the game against Arizona on Aug. 15 at Coors Field in Denver. (Photos by Hugh Carey, The Colorado Sun)

High Cost of Colorado

What do grocery store staples like chicken breasts, laundry detergent and breakfast cereal have in common? The price you pay for them at the register shot up double-digits in the past five years — and that’s only a snapshot of how the rising cost of living has made being a Coloradan an expensive proposition. 

Angeles Gutierrez cleans her kitchen after making scrambled eggs and toast for Galilea, 8, and Isabella, 6, on Nov. 10 in Lafayette. Gutierrez, who says cancer runs in her family and has caused deaths of multiple loved ones, prioritizes saving money for family trips and vacations. “I save money and then I take them on trips. I have this mentality of me saving to live it now — not to save it for later, because I don’t even know when I’m going to die,” Gutierrez said. “God will say what my future is like, so I will save my money.” (Olivia Sun, The Colorado Sun via Report for America)

Equity

Reform in the criminal justice system continues to help those who often don’t have a voice. One Colorado program is helping parents stay connected with their children. Another movement is limiting the isolation for incarcerated people and recognizing the “moral injuries” clinicians can face after sending them there.

Erin Schneiderman and her 13-year-old son play with the family dog, Ernie, on May 3 at their home near City Park in Denver. (Olivia Sun, The Colorado Sun via Report for America)

Housing

The pandemic-era spike in housing prices kept home ownership out of reach for many Coloradans, sharpening the state’s high-country housing crisis and adding to the growing homeless population in Denver. Renters and policy makers together pushed for improved conditions in the rental market and more tenant protections. And urban homeless shelters struggled to meet demand, as people without homes took to living in RVs parked in long-term lots, in tents under mountain town overpasses and in makeshift communities on Denver streets.

ABOVE: On Feb. 23, former Purple Cliffs resident Thad Newhouse looks out a car window. He has been living under a tarp on snowy ground outside Durango since the shelter closed in October. “A lot of the people in town just ignore us. Like, they’re trained not to even look at you. It’s weird,” Newhouse said while catching a ride to a store with a homeless advocate. (Hugh Carey, The Colorado Sun) BELOW LEFT: Jason Pettit hangs his graduation gown in his room May 3 in Durango. Pettit was a homeless, nontraditional student at Fort Lewis College before being offered housing assistance. He graduated May 6 with a degree in psychology. (Josh Stephenson, Special to The Colorado Sun) BELOW RIGHT: Dozens of tenants and residents, joined by Colorado Homes for All, gather with signs opposing the Apartment Association of Metro Denver on June 22 in Playa del Carmen Park. Demonstrators held an anti-award ceremony, dubbed the “Slummy Awards,” in which a “Corporate Greed” character was awarded for practices that disadvantage those who are currently living with unmet housing needs. (Olivia Sun, The Colorado Sun via Report for America)

Migrant crisis

Thousands of migrants who made their way to the southern U.S. border found themselves in Colorado. Many of them left Venezuela to escape the economic crisis and authoritarian rule. We reported that some who were bused from Texas to Denver got another bus ticket out of town while others have taken refuge under a bridge in Carbondale.

ABOVE: María, last name not given, and her son, Sebastian, 8, embrace each other outside a Denver Quality Inn near Speer Boulevard and Zuni Street on Dec. 5. Migrants from Venezuela who have arrived in Denver in recent weeks have stayed in and around the hotel that is being used as a temporary shelter by Denver Human Services. BELOW: Luis, last name not given, gives a razor shave and haircut to Charlie. (Photos by Olivia Sun, The Colorado Sun via Report for America)

Colorado River

Colorado became drought-free for the first time in four years and snowpack was plentiful — a boon for the Colorado River and a break from the poor planning, political agendas and hot, dry weather that nearly pushed it into crisis. 

ABOVE: Stand-up paddle boarders explore the Dillon Reservoir as it is 101% full July 6 in Summit County. The Denver Water reservoir holds 257,304 acre-feet of water when full. (Hugh Carey, The Colorado Sun) BELOW: Using safety ropes, climbing gear and crampons for safety, a snow removal crew from Pinnacle Construction clears the roof of Town Hall in Crested Butte. The town received over 180 inches of snow by early February, making it a challenge to keep roofs, streets, sidewalks and storefronts snow free. Too much snow can cave in roofs and creates a snowfall hazard for people walking below. (Dean Krakel, Special to The Colorado Sun.)

Environment

Colorado grappled with oil and gas industry emissions while state and federal authorities looked for ways to blunt the effects of climate change. Carbon sequestration — the practice of isolating carbon and storing it underground — drew attention and grant money. So did a municipal experiment aimed at tapping geothermal energy to power entire city blocks. Consumers looked to electric vehicles and underground heat pumps in the hope of reducing greenhouse gases. 

The discharge of processed water tainted with minerals including sulfur, potassium and metallic elements from the Climax mine’s pipeline flows toward stored water pools Aug. 7. The mine uses an intricate system of channels to divert clean water away from the tailings until it is released downstream. (Hugh Carey, The Colorado Sun)

Wildfires

Thankfully, Colorado did not see any many major wildfires this year as the rainy spring set up the summer to be less dry. But, that doesn’t mean Coloradans didn’t prepare and aren’t still struggling from previous fires, including the 2021 Marshall fire. 

ABOVE: Looking west from Ohio Creek Road a plane drops retardant July 26 as smoke billows and flames rise from the Lowline fire northwest of Gunnison. (Don Emmert, Special to The Colorado Sun) BELOW LEFT: Peter Dente inspects a windowsill for residual ash that continues to seep through his house’s walls and foundation April 18 more than a year after the Marshall fire. “We really wish the house had burned down. It would have been much easier on us,” Dente said. “They would have come in with a big dump truck, and a bulldozer would scrape it clean just the way they’ve done for the houses around us next door. And because of our insurance policy, whatever it costs — they would pay for.” (Olivia Sun, The Colorado Sun via Report for America) BELOW RIGHT: Crew members of the Colorado Division of Fire Prevention and Control bury fire lines that were dug for practice near the Sawmill Trail in Golden. Fire lines, or fire breaks, are dug into the ground to slow a wildfire. Fire breaks expose bare ground or mineral soil that act as combustible fuels for a fire to spread. (Olivia Sun, The Colorado Sun via Report for America)

Health care

A Durango hospital stopped performing tubal ligations months after the U.S. Supreme Court revoked the constitutional right to abortions. Cities and mountain towns grasped for new ways of treating mental illness. And the breakup of a major hospital system, Centura Health, brought the potential for changes to 20 hospitals in Colorado and Kansas. 

Jacob Walter grew up on his family’s cattle ranch in Thatcher. Walter’s father died by suicide in 2016. In Walter’s high school class of 31 people, two others also lost a parent to suicide. A bleak nationwide trend saw rural suicide rates increase 48% from 2000 to 2018. (Mike Sweeney, Special to The Colorado Trust)

Mountain living

Most of the folks who live in the high country feel blessed and lucky to be there. But that doesn’t mean it’s all powder days and big rapids. We have our struggles (don’t get us started on getting mail), but when the sun goes down on those 14,000-foot mountains, that hint of appreciation comes back in. 

ABOVE LEFT: Luis Gaspar, of Lake and Company, uses a cart from the post office to carry a load of packages to the store across the street Feb. 2 in Steamboat Springs. Lake and Company has a brick-and-mortar store, but also does online sales. ABOVE TOP: An explosive triggered by the Colorado Department of Transportation was part of the avalanche mitigation process May 2 above Highway 82 on Independence Pass near Twin Lakes. ABOVE BOTTOM: Tim and Rita Ryan kiss after reciting their vows during the Marry Me and Ski Free annual event Feb. 14 at Loveland ski area. BELOW: A hot iron is branded onto the calf’s hip with the owner’s logo May 19 near Merino. The neighbors and friends get together annually to help brand the cattle to identify the owner’s cattle in case it wanders away. Branding is the only marking that lasts for an animal’s lifetime. (Photos by Hugh Carey, The Colorado Sun)

Cops & Courts

A teen who shot a faculty member at Denver East — before fatally shooting himself while on the run — reignited a debate about whether police belong in Denver schools. Victims of a 2022 mass shooting at a Colorado Springs gay and lesbian club observed the anniversary of the attack with a somber vigil at the scene of the crime, months after the shooter was sentenced to life in prison. And several police officers were charged with crimes for on-the-job conduct, reinforcing a push for police accountability. 

LEFT: A student, right, hugs a man after a school shooting at Denver East High School on March 22 in Denver. (David Zalubowski, AP Photo) RIGHT: Stephanie Clark, center, wipes a tear from Alexis Clark’s eye as Brayson Hochevar, right, and Norman Clark (not pictured) honor Ashley Paugh, Stephanie Clark’s younger sister, who was killed in the Club Q shooting in November 2022. (Olivia Sun, The Colorado Sun via Report for America)

Politics

The failure of a major property tax cut proposal at the polls dealt a blow to Gov. Jared Polis and Democrats and set up a push at the Capitol to pass some type of relief in 2024. And while voters brought big changes to the mayor’s offices in Denver and Colorado Springs, some aspects of Colorado politics stayed the same — like Rep. Lauren Boebert’s knack for drawing headlines. (Psst … google Boebert and “Beetlejuice.”) 

ABOVE LEFT: Gov. Jared Polis signs Senate Bill 169 into law April 28, which raises the minimum age to 21 to purchase firearms, and makes it illegal to sell a gun to someone younger than 21. ABOVE RIGHT: Amber Swain of Golden holds a sign advocating for gun control Monday morning at the Colorado Capitol. BELOW LEFT: Colorado Springs mayoral candidate Yemi Mobolade cheers as he runs onto the stage May 16 during an election watch party at the COS City Hub in Colorado Springs. (Christian Murdock/The Gazette via AP). BELOW RIGHT: Mike Johnston takes the stage June 6 at Union Station in Denver. (Photos by Olivia Sun, The Colorado Sun via Report for America)

Business

Colorado businesses continue to regroup after the pandemic put them in a whirlwind of emotions. For some business owners, it was time to move on. But we found others who are keeping the legacy alive or ready to start new ones.

ABOVE: Jessica McCormick, chief administrative officer, interacts with a camel rescued from a zoo in Puerto Rico at The Wild Animal Sanctuary in Keenesburg on May 4. The Wild Animal Sanctuary — a 1,214-acre facility for the rescue and care of wildlife — is the new home for bears, lions and a camel after the permanent closure of the Dr. Juan A. Rivero Zoo in Mayagüez, Puerto Rico. (Jeremy Sparig, Special to The Colorado Sun) BELOW: Greeley Hat Works hatmaker Trent Johnson, right, demonstrates how he measures the head size and shape of an employee’s head using a 19th-century conformateur tool at the shop March 15 in Greeley. Johnson is the fourth hatmaker at the company since 1909 and still uses Parisienne hat-tools to make hats by hand. (Hugh Carey, The Colorado Sun)

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Credit

Photography: Hugh Carey, Olivia Sun. Special to The Colorado Sun: Kristi Odom, Barton Glasser, William Woody, Eli Imadali, Nina Riggio, Mike Sweeney, Josh Stephenson, Dean Krakel, Don Emmert, David Zalubowski and Jeremy Sparig
Editing: David Krause, Lance Benzel, Dana Coffield
Design: Danika Worthington

The city of Thornton took a second shot Monday at finishing a key 70-mile water pipeline by renewing its request for Larimer County to approve the first 10 miles, as more than 10,000 potential homes in Thornton await certainty on finding a water tap. 

Thornton has staged a quiet public relations blitz with Larimer County residents bordering the redrawn pipeline route after the northern Colorado county’s commissioners rejected the first map. Larimer County has the right to review Thornton’s pipeline under state “1041” regulations on land use for big projects. 

Thornton, in Adams County, has for decades reached across county borders to buy up farms and water rights for Cache la Poudre River flows, and now needs to take delivery through a pipeline to keep growing beyond its current population of about 147,000. 

Thornton on Monday filed thousands of supporting pages for a Larimer County 1041 permit. The city rerouted and shortened the Larimer County section of pipeline by miles to address neighbor objections that led to the county rejection in 2019. 

The new route avoids homes and major roads, and runs partially on Thornton-controlled farmland on its way east from a reservoir Thornton has significant control over through its shares in operator Water Supply and Storage Company. The city will need to negotiate right of way with owners of about 20 private properties if the new Larimer County alignment is approved.

The route makes its turn to the south parallel with I-25. Thornton cut the mileage needed in Larimer County by nearly 17 miles, and moved a controversial pumping station 2,000 feet from any residence. 

Seven miles of the pipeline is already finished in Weld County, and Thornton has nearly all the local approvals it needs outside of Larimer County. To smooth the way for a Larimer County permit this time, Thornton sought direct contact with about 400 nearby residents, and 180 came to explanatory forums, Thornton spokesperson Todd Barnes said. 

In the first go-round with Larimer County, Thornton engineers designed the pipeline and then sought feedback, Barnes said. This time, they sought public opinion first, and engineered it afterward. 

“We had robust community feedback. The application not only addresses any temporary construction impacts, but also provides stewardship towards protecting agriculture and natural resources,” Barnes said. 

The dense permit application includes “precise locations” for the pipeline and supporting structures so that neighbors can see potential impacts, Thornton said. Many neighbors considered the old Douglas Road alignment for part of the pipeline to be especially problematic, and Thornton has moved that section. Some of the alignment now runs further south along East County Road 56. 

Thornton has also had multiple conversations with the nonprofit Save the Poudre/Save the Colorado, led by Gary Wockner, which wants to keep as much natural flow as possible in major northern Colorado waterways. Wockner has proposed that Thornton let its water rights flow 14 more miles down the Poudre channel before taking water out by pipeline, to support wildlife habitat and recreation. Save the Colorado also argues many northern Colorado cities have not made all the water conservation efforts they could that would avoid the need for new dams, reservoirs and pipelines. 

Save the Poudre said Thornton was the first to float the river channel option to portions of the pipeline, though the city says that idea was merely an engineering brainstorming session and never a real option.

“It’s still a great idea, and we are still fighting to force them to choose the Poudre River option instead of this zombie pipeline which has risen from the dead,” Wockner said.

Thornton says it is working with conservation groups and cities to guarantee river flows at crucial times, but cannot let all of its water rights run through the river channel and accumulate the PFAS, E. coli and other contaminants along the way. Building a new water treatment plant to clean up the water after running the extra miles in the Poudre channel would cost $800 million, and $44 million a year more to operate than Thornton’s pipeline plan, the city says. 

Over the years, Thornton has bought up the rights to 14,000 acre feet of Poudre River water administered by the Water Supply and Storage Company system, of which Thornton owns just under half. 

It’s unclear how Larimer County’s planning department and commissioners will respond to the renewed permit application even after the extensive changes. The county’s position is that it can’t discuss or negotiate details of a proposal before a permit application is filed, because commissioners sit as a quasi-judicial body when considering their vote. That precludes backroom deals, but also prevents Thornton from getting useful guidance on Larimer County priorities, Thornton officials have said. 

Thornton says pressure to land the Poudre water continues to build, as the city’s other supplies get tapped out by ongoing growth. The city could grow to 240,000 people by 2040, according to economic projections, but thousands of applications for plat approvals for developments are on hold until bigger water supplies are guaranteed. Other Front Range cities and towns have bumped up against similar constraints in recent years. 

“We’ve got quite a few housing projects that are stalled because we can’t guarantee water, and one of those is a pretty significant affordable housing component for Adams County,” Barnes said. 

Update: This story was updated at 3 p.m. Nov. 20, 2023, with an additional quote from a conservation group.

Angeles Gutierrez made herself sick working around the clock without sleep to pay rent. 

Justice Wilson misses out on her kids’ sports and homework, because she’s driving for DoorDash and Instacart and Postmates all evening after working all day as a medical assistant. And she still falls behind on rent. The idea of owning a home, for Wilson, is not a dream. It’s a taunt. 

Average rent for a one-bedroom apartment is about $2,000 in Colorado. The average price of a home in Colorado is now above $535,000. In five years, the average price of a 4-pound whole chicken has jumped to $8.50 from $6.34, a gallon of milk to $4 from $2.99. Child care is now $1,575 per month in Denver.  

In Colorado’s growing economy, fast food employees and gas station attendants can start at $18 an hour. When thousands of Kaiser Permanente workers in Colorado settled a recent strike, they celebrated winning a 21% wage increase over the next four years. 

Yet from 2010 to 2021, the census index of housing prices rose 122% in the Denver-Aurora-Lakewood metro area, far higher than the U.S. average of 61%. 

The portion of Coloradans listing the high cost of living as one of their “extremely or very serious” problems rose to 88% in 2022 from 63% in 2020, before easing only slightly to 85% in 2023, according to the Colorado Health Foundation’s annual Pulse Poll. 

All of it adds up to Coloradans barely scraping by, or at least making big changes to their daily habits to afford to make it here. 

In a series called the “High Cost of Colorado” we are exploring the ways in which the price of life in this desirable state has ballooned — from housing to eating to a day on the ski slopes or a night on the town. 

High Cost of Colorado

Our new ongoing series put reporters with all kinds of Coloradans to talk about their challenges, their fears and their solutions to the rising costs of living here. READ MORE

From meals to mortgages to mocktails to medicine, many Coloradans are staggering under the burden of daily living that jumped on a steep treadmill after the Great Recession in 2008, and hasn’t stopped since. 

“Everything is just so expensive,” said Gutierrez, who worked as a cleaner during the day and stocked Safeway shelves at night to try to make $2,500 rent in Louisville. “It gets to a point where it’s so frustrating because if things keep going up, how am I going to do it? I am literally living month to month and paycheck to paycheck.” 

The portion of Coloradans paying above the recommended 30% limit of income for housing has soared from a fraction to the majority. An eviction defense project that started during COVID with one activist attorney now needs 120 lawyers and housing navigators, and still can’t keep up in court. 

Over the next few months, The Colorado Sun will tell the personal stories of the growing burden, through citizen voices, photos, charts and diaries. Though the pressures of higher costs come in as many varieties as there are residents, we are starting from a common set of hard facts: 

After the necessities of housing and food, there’s expensive gasoline and utilities, and, if there’s anything left in a household budget, increased costs to see a movie or go on a hike. 

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Colorado’s outdoor lovers drive farther to avoid new trailhead fees and crowded slopes, then realize $4 gas is a thrill kill. But then so is a $50,000 electric car. Even the price of one ingredient — rice — is pushing the owner of a beloved Japanese bowl cafe to consider buying a $10,000 rice-dispensing machine so as to account for every gram. His regulars notice wages and rice costs pushing up the price of a teriyaki bowl, and come in less often. 

We’re looking into all of it, with an eye on what Colorado can do to curb the problem.

We’ll explore what Colorado policymakers are doing to relieve this financial pressure, and the ways in which bills passed by the legislature are contributing to it.

The legislature has passed a slate of measures in recent years aimed at making housing more affordable, and housing advocates are still pushing policymakers to lift the prohibition on local governments enacting rent control. 

A robust proposal from Gov. Jared Polis this year that was aimed at driving down housing prices died in the state Senate. The land-use measure would have prevented local governments from limiting how many unrelated people could live together in one home and banned Colorado’s largest cities from restricting what kind of housing can be built near transit stops.

Proposition HH, voted down in last week’s election, would have limited property tax increases in future years, but would have given state government the power to hold on to some of the money that’s now returned to taxpayers. 

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Other measures have added to the cost of living in Colorado. 

In 2020, voters passed a $1.3 billion statewide paid-leave program for workers who want time off to have a baby or care for a sick loved one, even after opponents hammered it as a tax increase for employers and employees. The Democratic-backed law requires employers and employees to fund the insurance pool, each contributing 0.45% of an employee’s earnings. 

And in 2021, the governor signed a transportation bill that raised $5 billion for road and transit projects for the next decade. Fees to fund the measure included a gasoline charge that grows to 8 cents per gallon, 27 cents on deliveries from Amazon and other services, and 30 cents on Uber and Lyft rides. 

If things keep going up, how am I going to do it? I am literally living month to month and paycheck to paycheck.

— Angeles Gutierrez, Lafayette resident who works two jobs

Angeles Gutierrez and three of her children — Isabella, 6, Galilea, 8, and Juan, 11 — return home from St. Louis Catholic School Friday. Gutierrez typically works four to eight shifts cleaning homes and commercial spaces for a flat fee. (Olivia Sun, The Colorado Sun via Report for America)

Housing prices skyrocket, Denver ranked 8th in rental unaffordability compared with wages

Colorado’s housing challenges are so complex it can be daunting to list all the reasons, as the problem quickly appears insoluble. But economists still try. 

Steven Byers of the Common Sense Institute compiles a “Colorado Misery Index” on housing and has calculated the statistics on mortgages showing how many more hours of work each month it takes to pay for a modest house. After the Great Recession that began in 2008, Byers said, “builders just quit building.”

As tens of thousands of new residents moved into Colorado, and builders stayed on the sidelines, the gap in the ratio of population to available housing units grew into the hundreds of thousands. 

Land prices were a major problem for developers of both single family subdivisions and apartments, Byers said. “The price of land itself has gone up, so a builder who wants to build a $300,000 home, the margin is too low. So they build a million-dollar home.”

Whenever Byers runs numbers on housing shortages, he said, “almost always they’re building too much in the more expensive homes. And they’re getting away with it because people sold their expensive home in California, moved here and paid cash for a home.” 

Eviction defense attorney Zach Neumann worked solo before the coronavirus pandemic, helping people who were on the brink of losing their homes. But as the housing and rental market in Colorado went from “bad to horrible” in 2020, he founded the Community Economic Defense Project — an organization that now includes about 120 lawyers, housing navigators and policy experts.

“That alone speaks to the magnitude of the moment,” he said. 

“Rent has reached such a high level that most people are dedicating somewhere between 30% and 60% of their income to their rent,” Neumann said. “You can’t save money. You can’t save for your retirement. All of your money is going to your housing.”

“An unexpected medical bill. A flat tire and being towed. You get sick and you miss work. Suddenly you can’t pay rent. There is really no flex in the budget anymore. You are brought to the brink of homelessness.”

More than half of renters in several Colorado cities, including Denver, Boulder, Breckenridge, Greeley and Fort Collins, are spending more than half of their income on rent, according to the Joint Center for Housing Studies at Harvard University. 

In Colorado, a person must work 40 hours a week at $32.13 per hour to comfortably afford a two-bedroom apartment. This makes it the eighth highest state in the country in terms of wages required to rent a home. 

Cost of living is harder on single-income families

Angeles Gutierrez became a single mom a year and a half ago, leaving her home and bringing her four children with her. She found a two-bedroom apartment in Louisville for $2,500 per month, and the only way she could make rent was to take a second job — in the middle of the night. 

Gutierrez, 34, cleaned houses and offices during the day, then worked three overnight shifts each week stocking shelves at Safeway for $20 per hour. “Those three days I literally had no sleep,” she said. “I was just going crazy. I was starting to feel so, so sick. It was like a kind of anxiety. I was barely living.” 

She quit the Safeway job, gave up the apartment and moved in with her mother, all six of them crowded in a tiny place. 

Gutierrez was able to pick up more cleaning jobs, including at a Snooze restaurant and a dental office in Boulder. The hope was that she could qualify for a loan to buy a home, and the bank approved her to borrow $260,000. But it wasn’t enough to buy a house in an area where the median home price is $650,000. “What am I going to buy?” she asked. 

Instead, she found an apartment cheaper than the first one, for $2,000 per month, in Lafayette. Gutierrez, a member of the 9to5 working women’s association, barely has enough money left for rent after buying gas for her old Hyundai Santa Fe and groceries to feed her kids, who are 6, 8, 11 and 13. 

She asks her kids: “Do you guys want to eat or go have fun? It’s one or the other. Sometimes it’s not even one. 

“I tell the kids I don’t know what we’re going to do if things keep going up. I can’t take them out to eat. Usually we like to go camping, but everything is money. There is nothing that you would do that doesn’t cost money.” 

Angeles Gutierrez and daughter Galilea make plans for the weekend. Gutierrez, who says cancer runs in her family and has caused the deaths of multiple loved ones, prioritizes saving money for family trips and vacations. The family has visited Chicago, New York, Seattle and Disneyland in Anaheim, Calif., over the past few years. “I save money and then I take them on trips. I have this mentality of me saving to live it now — not to save it for later, because I don’t even know when I’m going to die,” she said. “God will say what my future is like, so I will save my money.” (Olivia Sun, The Colorado Sun via Report for America)

I was just going crazy. I was starting to feel so, so sick. It was like a kind of anxiety. I was barely living.

— Angeles Gutierrez, a single parent with four kids

In Aurora, the fees at the mobile home park where Norma Almeida lives with her four children and her mother just keep coming. 

“That leaves me with zero dollars to pay for food or electricity,” said Almeida, who lives in the 500-home Foxridge Farm Mobile Home Park in Aurora. 

Almeida, who is a receptionist in a dental office and takes on temporary office jobs on her days off, is not planning to turn up the heat this winter. “The house will be cold,” she said. 

She doesn’t use her dryer, instead leaving her clothes out to dry, saving money on the electric bill. 

There is no eating at restaurants, and Almeida, also a member of 9to5, is stretching her groceries into soups so her kids get enough dinner. It helps that the elementary school her two youngest attend, Harmony Ridge, started leaving plastic sacks of food on their door handle on Saturdays. She’s grateful, too, that neighbors drop off meals or groceries if they suspect Almeida is out of food, usually because her son lets it slip while he is playing with friends. 

“This year we have fear,” she said. “A lot of people who live here don’t know what they will do.”

Designed by Danika Worthington.

Story first appeared in:

Even at 3:35 a.m. the cars on Peña Boulevard weave and speed toward Denver International Airport. Drivers mash their brake pedals and skitter toward the car in front of them, then slide into the parallel lane and press ahead, trying to cut down the minutes between themselves and their gates. 

Despite traveling this stretch of Peña up to 10 hours per day, six days per week, Simon Ante never lets urgency affect him. Ante is an ABM shuttle driver who cycles people between two of DIA’s economy parking lots, Pikes Peak and Longs Peak, and the airport terminals. He takes refuge in the farthest right lane and delights in maintaining the 45 mph speed limit. “Pillar No. 1 is safety,” he said, pulling ABM’s driver principles from memory. 

ABM is one of 1,100 tenants at DIA, companies with contracts to operate at the airport. According to the airport’s Vision 100 economic impact study, those tenant companies account for about 34,000 jobs. ABM is responsible for 600 of those jobs, 220 of which are dedicated to shuttle operations. 

DIA is growing at a rapid pace, and traveler numbers are breaking record after record. This year started with the busiest half-year in the airport’s history, January to May, followed by the busiest month in the airport’s history in June, and an even busier month in July. By the end of this summer, DIA had already accommodated 6 million more passengers than the same time last year. And last year was the airport’s busiest ever.

But record passenger counts, expressed in full parking lots, crowded shuttles and long security lines, aren’t the only measure of rapid growth at the airport. DIA is already the largest employer in Colorado, employing more than 130,000 people in 2021. To meet its projection of 100 million passengers by 2032 — the assumption driving the airport’s Vision 100 plan — officials estimate they’ll need to more than double their workforce to 275,828 employees.

An Ethiopian enclave 

Ante works the early morning shift, from 3:45 to 11:15 a.m. At this time of day it takes nine minutes to get his shuttle from the D4 pickup island to the DIA terminal — 10 minutes if there’s traffic. 

What travelers experience as a merry-go-round motion of shuttles — dropping off, picking up, dropping off, picking up — is actually a tight choreography of routing that hinges on near-constant radio communication between drivers and shift supervisors scattered around 3 square miles of roads and parking lots. 

At exactly 4 a.m., Ante parks an ABM service car at the Pikes Peak lot and walks to the D1 pickup island, where his co-worker Tafesse Getahun has a shuttle waiting. Both drivers immigrated to the U.S. from Ethiopia, Ante in 2014, Getahun in 2017. During their shuttle exchange they chat in Amharic, the official language of Ethiopia, while Ante runs his pen down a checklist on a clipboard. Mileage, number of people, lights, horn, windshield, air conditioning, radio, tires, bumper. 

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It takes less than three minutes to run through the checklist, then Ante hands Getahun the keys to the service vehicle. “Charlie 2,” Ante said, dropping the keys in Getahun’s palm.

Getahun drives the ABM shuttle six days per week from 8:45 p.m. to 5:15 a.m. When he gets off work, he walks his husky, Blue, for about 30 minutes, and falls into eight hours of sleep. “Always eight hours,” Getahun said. “I am very energized at night.”

In Ethiopia, Getahun worked as an operations assistant for the United Nations migration agency. He coordinated buses and planes to transport refugees from neighboring countries, sometimes escorting them all the way to their new country. This work, he said, prepared him for the late nights and long shifts spent sitting at an airport. 

Getahun visited the U.S. many times through this work, but it took 13 years for his own visa to be approved. When it was, he quit his job at the U.N. and moved to Colorado.

“Because I had the chance. It’s U.S.,” Getahun said, shrugging.

At 4:15 a.m., Ante had looped the shuttle through the parking lot and was at the last pickup island. He opened the doors and stood up. “Good morning, good morning, good morning,” he said smiling, greeting every passenger who stepped aboard. He noticed an older woman in line and asked to help her with her bag. Nine minutes later, he thanked each passenger as they exited. “Have a blessed day,” he told the ones who thanked him back. 

“Because I had the chance. It’s U.S.”

— Simon Ante, ABM shuttle driver

If Ante wasn’t a shuttle driver, he’d either be a nurse or a minister. “To help and to serve those who are helpless, that’s my interest,” he said. He has read the Bible from Genesis to Revelation 28 times. In Ethiopia, he worked as a nurse and in public health for over 10 years. But his health care credentials didn’t carry over when he moved to the U.S. 

The Ethiopian community in Colorado is heavily concentrated in Arapahoe County, just south of the airport, where more than half of the population resides, according to the 2020 census. 

“We never were a colony, so our English is a little bit … it’s not ‘American way’ or ‘English way,’ so even though we are educated, we don’t get the professional jobs easily,” Ante said.

Samuel Gebre Michael, executive director of the nonprofit Colorado Ethiopian Community, said DIA is a good place for immigrants to start their careers in the U.S. because they can practice their English, and because of the sheer number of job openings. But many of these immigrants eventually leave to start their own businesses, Michael added, noting the Ethiopian community’s “strong entrepreneurial spirit.” 

Surveillance from the sky

Ante appears genuinely happy to drive for ABM. He addresses his co-workers as one would close friends and family. Enthusiastic “Good mornings!” arrive through the radio as the shuttles pass one another on the roads. 

“Good morning, Simon!” a woman’s voice announced over the radio. “She should have said ‘good morning, four-five-four,’ my bus number,” Ante said. “But we’re friends.”

The radio is constantly crackling with coordinates. 

“Four-five-four, departing terminal.

“Four-five-four, arriving at Pikes Peak.

“Four-five-four, departing D4 Pikes Peak.”

Ante relayed his shuttle’s position every few minutes.

As the shuttle drivers dictate their coordinates and passenger counts, supervisors create tiny route adjustments based on traffic, passenger loads, shift changes and lunch times. 

There are only two spaces for the shuttles to park at the terminal, so Ante radios when he’s approaching and watches the front bus pull away.

The drivers also signal to each other silently, like driving the route in reverse to communicate a shift change, or parking the shuttle on the east side of headquarters to signal that it needs fuel. 

None of this should be obvious to passengers. ABM’s fifth pillar, Ante said, is “no hiccups in the system.”

Of course, “no hiccups in the system” is easier said than done in a system that shuttles over 7 million stressed, exhausted, scattered, excited or otherwise distracted passengers every year. 

After each round of passengers, Ante walks the center aisle checking for trash and abandoned items. He keeps a collection of lost pens in his backpack. In April, Ante found $5,000 in a plastic bag left on a shuttle seat. 

He immediately phoned a manager, and then counted it for the safety camera mounted at the front of the shuttle. The money was reported to the Denver Police Department, who turned it over to DIA lost and found.

“That guy had it rough, he lost $5,000, but I lost nothing. So I’m not tempted.” Ante said. 

A couple of mornings later, Ante received a letter from the city of Denver commending his ethics and integrity. They gave him a mug and a pair of socks, which he hasn’t worn. “Five-thousand-dollar socks! I don’t want to wear them, I should keep them in a museum,” Ante joked. ABM rewarded Ante with $500.

“This camera is only on for eight hours during the shift,” he said, pointing at the same security camera he counted the money for. “But that one,” he said, moving his finger toward the sky, “That one stays 24/7 on me.”

The fun times

Anticipating “hiccups in the system” is Marcia Nelson’s specialty. Nelson is the director of operations for ABM’s Western airports, which includes airports in Las Vegas, Los Angeles, Palm Springs and Seattle. She’s wide-eyed and cheerful, even at 3:45 in the morning, even without coffee. 

Nelson started as a cashier in DIA’s travel plaza when she was in high school. It was just a summer job. The plan was to go into the medical field, but she quickly found out that she couldn’t stand the smell of cauterized flesh. She fainted in the surgical room during her first encounter, and quickly returned to ABM, back to DIA. 

With the exception of two-and-a-half years spent in Boise — it was supposed to be one year, but her first day was Sept. 11, 2001, and everything about the airline industry was rocked — her 22-year career with ABM has been spent making her way through the ranks at DIA.

“We can see it happening. Like, hmm, he has a suit on, but he’s also got the kids with him in flip-flops.”

— Marcia Nelson, ABM’s director of operations, on the changing nature of business travel

Nelson anticipates passenger demand using school calendars, TSA predictions and weather forecasts, and keeps track of who parks where at DIA. 

After the 2008 recession, the number of cars parked in the airport garages plummeted, while the number of people parking in the economy shuttle lots — ABM’s territory — grew. The number of carpoolers also increased to four people per car. 

These days, the average is 2.5 people per car, and the business travelers who once frequented the garages have turned into what Nelson called “bleisure” travelers, or people whose remote jobs allow them to mix business with leisure. 

This has shifted the airport’s predictably busy days (Wednesday through Friday for business travelers) to a more elusive Wednesday through “maybe Friday, maybe Saturday, maybe Sunday,” according to Nelson. The bleisure travelers also tend to bring their spouse or families along. “We can see it happening. Like, hmm, he has a suit on, but he’s also got the kids with him in flip-flops.” 

Summer travel is typically smooth with the exception of flight delays due to afternoon thunderstorms. Winter is when things get complicated.

When ABM knows a blizzard is about to hit Denver, the company parks a trailer behind the headquarters in case employees can’t safely return home. They stock the trailer with cots, mattresses and toothbrushes, and rent two rooms at the Westin for showers. They fill the break room with ramen, oatmeal, hot dogs and “all the frozen foods you can think of,” Nelson said. The longest Nelson has stayed at the airport was five days straight, during a blizzard in October 1997. 

“So those are the fun times,” Nelson said with a smirk. 

On really hectic travel days she’ll ride the shuttles and hand out little cards with bus stop locations, so that overstimulated passengers remember where they parked upon return. 

Sometimes a blizzard coincides with the holidays, or a certain airline has a meltdown in the days leading up to Christmas. Each situation requires a quick, creative response, whether it’s pulling the snow plows off the runways to scrape the parking lots for an hour, or renting vans to carry passengers back to their cars. 

“And this is just one little segment of the airport,” Nelson said. “It’s just a lot of synchronization.”

Nelson didn’t provide specifics about how airport administration works directly with ABM to ensure the company is ready for the anticipated growth, noting only that the shuttle service and the airport have had a 25-year partnership that has survived 9/11, the Great Recession and the pandemic, and that she’s confident ABM will grow right alongside DIA. 

Staying in the right lane 

Recently an arriving passenger missed Ante’s parking lot announcement and rode the shuttle all the way back to the terminal, chastising Ante for making her late to an appointment. The day before that, a traveler became so furious with the shuttle’s pace that he cursed at Ante until the man was delivered to a shuttle that could rush him to the terminal. 

“If (the travelers) are in a good mood, it’s nothing. If they’re in a bad mood, it makes bad work. But as a driver, I understand,” Ante said. 

Ante remained unfazed recalling his difficult encounters, smiling as he narrated each one. “Respect is global, you know, when you respect people they respect you back. And when they are mad, I just try to understand,” Ante said.

Then he tugged the sunshade down to protect his eyes from the low, eastern sunrise and settled the shuttle into the right lane of Peña Boulevard. “All the way, right lane,” he said, smoothly accelerating to 45 mph.

Quick links: Front Range population declines | Behind Boulder County’s wage increase | U.S. vs. local minimum wages compared | Boulder County’s minimum wage to 2030 | Skyhook Solar

It’s been a rough few years for Boulder County, which experienced one of the greatest population declines in Colorado since 2020. New data had the State Demography Office revising past estimates, which were shared Friday at the annual State Demography Summit. 

“The Front Range region had much of the population growth. But not every county in the Front Range. Denver, Jefferson County and Boulder County had population losses during this two-year period,” Nancy Gedeon, a demographer in the state’s Demography Office, said during the event.

Boulder’s population is down 1.1% from where it was in 2020 and Gedeon attributed the change to residents (namely college students) scattering during the pandemic and the Marshall fire. Jefferson County had the highest decline in the Front Range, down 1.2%, and that was due to an older population with more deaths. 

“We always revise backwards,” Gedeon said. “And the data that we got from the U.S. census on migration did have some significant changes in their data for 2020 and 2021. So much so that the estimate that we provided last year for the state for July of 2021 has now been revised down by 3,600 people.”

But people living in group quarters are returning, so future revisions could see a change for Boulder County. What’s Working will explore more of the revised demographic data in future columns.

➔ MORE: See State Demography Summit page

What else is changing in Boulder County? Its minimum wage.

Boulder County minimum wage going up 15%

Boulder County will join Denver and Edgewater in January as the third place in the state with its own minimum wage after unanimous approval by Boulder County commissioners earlier this week. 

The new minimum wage will increase 15% to $15.69 from the state’s current minimum of $13.65, but only in unincorporated Boulder County. An effort to get the whole county on the same wage proved too challenging. 

“We’re hearing, ‘Oh, the market is increasing wages, we don’t need to take this action. The market is doing it for us,’” Commissioner Claire Levy said during the public hearing Thursday. “Well, (wages last year) went up 5.5% for the lowest paid earners. Inflation increased 8.5% and … the top 10% of the highest paid jobs, the hourly rate increased 16.4%. So we need to do what we have the power to do as commissioners to try to close the gaps, to try to level the playing field, to try to create an environment in which everyone can live a dignified life. And we can’t wait.”

A 2019 state law allowed municipalities to adopt their own minimum wage but prevents the wage from rising more than 15% a year. Denver was the first city to do so three years ago. It’s now at $17.29 an hour and because it’s pegged to annual inflation, it will increase to $18.29 in January. 

Edgewater became the second earlier this year. That also takes effect in January and will start at $15.02 an hour. The city’s anticipated annual increases will get its minimum wage to the same level as Denver by 2029.

At the public hearing Thursday, Boulder County staff said that in surveys, most people wanted to get the county’s minimum to $25 by 2028, a wage proposed by the Self-Sufficiency Wage Coalition. An amendment to the ordinance, also passed Thursday, will get the county to $25 an hour by 2030.

That 2030 goal was strategic. If Boulder County towns and cities adopt a new minimum next year, they could catch up to the county and all would end up at $16.57 in 2025. 

Representatives from the Colorado Restaurant Association and the Boulder Chamber asked the county to wait. 

“We’ve been working in good faith along with our colleagues in the business community on a regional minimum wage and have been engaged in the process,” said Colin Larson, the government affairs director for the restaurant association. “And to see this wage ordinance move forward, separate from the rest of the county on a truncated timeline, is causing, first of all, a lot of consternation and issues for some of our businesses that have already planned out and budgeted for their 2024 year.” 

Commissioner Marta Loachamin disagreed. “This would have, in my opinion, been rushed if in March of 2020, when Colorado shut down on March 5, if county commissioners … would have immediately put in a minimum wage in response to essential workers and the needs and the dire straits that folks were in,” she said. “I feel really good about the process (and) my ability to participate in this conversation as an elected official since 2021.”

Loachamin also mentioned her support of a program that is being designed to help business owners transition to the new higher wage structure. 

According to a policy brief from the Emergency Family Assistance Association shared by the county, more than 10%, or over 20,000 jobs in Boulder County, paid less than $15 per hour last year. 

Levy pointed out that even at $15.69, that’s just $32,635 a year. That’s not enough to pay for a place to live and afford child care. 

“This is a step and I’m pleased that we are going forward,” she said. “I hope that our municipal partners can join us.” 

Tuesday is Election Day: Some helpful resources

The Colorado Sun’s politics team goes deep on many issues — and local policymakers — that probably impact your life. Tuesday is Election Day so as a courtesy to What’s Working’s thousands of readers, we wanted to share our 2023 election coverage, which is freely accessible to everyone. That’s how we roll here at The Sun. If you haven’t checked them out yet, here are some key resources:

• What you need to know about voting and returning your ballot (it’s too late to mail it back in! Use a dropbox instead.)
• Proposition HH: What you need to know about the Colorado property tax relief plan
• Proposition II: Colorado would be able to keep all the tobacco, nicotine tax revenue it generates to pay for preschool
• A video of The Sun’s politics team answering your questions about Proposition HH, and plenty more coverage of the ballot measure
• Coverage of school board contests across Colorado and a virtual event where The Sun answered questions about the races

The Colorado Sun will be bringing you the results on Election Day, Nov. 7, and we are already planning our coverage for 2024, when all eyes will be on three competitive Colorado congressional races.

If you appreciate the reporting our team of journalists provides, we need your help to make our coverage possible. Become a member today and help us keep Colorado informed about the most important issues.

More Sun economy stories

➔ Denver arts economy is back. Or is it? Nonprofit arts and cultural activity last year had a $2.6 billion economic impact in the state, up 13.5% from 2019, according to an update from the Colorado Business Committee for the Arts. While those who survived the pandemic credit public aid, we’re now in a period where no more assistance is available and in-person attendance at events hasn’t returned to pre-pandemic levels, and 55% of organizations run by or tailored to people of color said they lacked financial resources to get back where they used to be. Sun culture reporter Parker Yamasaki reports on the economic update. >> Read story 

➔ Western Slope water interests offer to buy Colorado River water rights from Xcel. Negotiations are underway for the Glenwood Springs-based Colorado River District to purchase one of the oldest, largest water rights on the Colorado River within state lines from Xcel, in exchange for more opportunities to protect streamflows for fish, habitat and wildlife, reports our friend from Fresh Water News Jerd Smith. >> Read story

➔ Grocery store merger attracts FTC chair in Denver. It’s been more than a year since Kroger and Albertsons proposed a merger. Colorado Attorney General Phil Weiser has conducted 19 stops on a listening tour around the state and has heard an earful of folks opposed to the tie-up, he said. On his most recent stop in Denver, Federal Trade Commission Chair Lina Khan only heard opposition. The Sun was there. >> Read story

Other working bits

➔ Skyhook Solar moving to Grand Junction. A Carbondale developer of portable solar generators that could charge electric vehicles in remote areas has moved its manufacturing to Grand Junction. Skyhook Solar, which has spent the past two years working on the technology, employs seven people but hopes to add 38 jobs in the next four years. It was also picked to be part of the state’s Rural Jump Start Program, which offers cash grants of up to $20,000 to offset startup costs plus $2,500 per new hire. Skyhook is also working with Colorado Mesa University to create a workforce program. A spokesman for the company said that it’s working on a seed-funding round, which is expected to close later this month. >> More

➔ How the local quantum workforce plans to expand. After last month’s big news that Colorado was picked as an official Tech Hub for quantum technology (here’s a refresher on the tech), the Front Range Community College shared a bit more on how it’s preparing students for careers in quantum. The new status helps “enable us to build out our curriculum and lab spaces to teach more of these critical quantum-related skills,” FRCC Optics Program Director Amanda Meier said in a news release.

Thanks for sticking with me for this week’s report. Remember to check out The Sun’s daily coverage online. As always, share your 2 cents on how the economy is keeping you down or helping you up at cosun.co/heyww. ~ tamara 

Miss a column? Catch up:

• The number of open jobs in Colorado is a sign the labor market may be stabilizing
• Colorado’s unemployment rate has risen to 3.2%. Here’s why that’s “not significant”
• Didn’t know Colorado is a leader in clean energy and quantum? A Tech Hub designation could change that.
• What Colorado’s population will look like in the future
• Colorado business leaders are down on the economy, but not because of inflation
• Who will fill Colorado’s jobs in the future?
• Why Colorado’s growing work force seems like it’s shrinking
• The future of Colorado Springs’ economy and what it takes to live there

What’s Working is a Colorado Sun column about surviving in today’s economy. Email tamara@coloradosun.com with stories, tips or questions. Read the archive, ask a question at cosun.co/heyww and don’t miss the next one by signing up at coloradosun.com/getww. 

Support this free newsletter and become a Colorado Sun member: coloradosun.com/join 

CORRECTION: This story was updated at 7:20 a.m. on Nov. 7, 2023 to correct the spelling of Colin Larson’s name.

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There are times at the Aspen-Pitkin County Airport when the sky is clogged with so many planes attempting to land in the same timeframe that air traffic control will have to put some in a holding pattern. Often, those planes are commercial flights, bringing tourists to town from Denver or Chicago. When those United or American flights grow low on fuel from all the circling—which they often do, because their range is limited—they’ll typically be diverted to Grand Junction.

Landing at Aspen is first come, first served under FAA rules for the one-runway airport that sits along Colorado 82 northwest of Aspen, a few thousand yards from the children’s ski school at Buttermilk Resort, owned by Aspen Skiing Company.

Private planes make up a whopping 83% of all air traffic flying in and out of the airport, and they’re often first in line to touch down or take off. When they’re up front and the commercials have to go Grand Junction, passengers are bused 125 miles back to Aspen, where one analyst estimates 60 of the world’s 2,640 billionaires live or own property. 

When everything is running smoothly, it can be a thrilling experience flying into or out of the Aspen airport. But if there was anything friendly in the skies above Aspen on a recent day when the skies were crowded with planes, chances are it was soured by the mood surrounding the airport. At issue: whether or not to bring the airport up to FAA standards by widening the runway, a debate that’s been ongoing for decades. 

A vocal group led by Amory Lovins — the founder of the green-energy think tank Rocky Mountain Institute — is fighting expansion, saying it unfairly favors private pilots, would decrease safety at an already dangerous airport and will degrade Aspenites’ quality of life with bigger planes flying in and out more frequently, increased noise, air pollution and climate-harming emissions. Lovins, also the founder of Aspen Fly Right, said the community overwhelmingly opposes expansion.

But most Pitkin County commissioners, the airport director and other residents favor the plan to increase the separation between the taxiway and runway by 80 feet and upgrade the terminal to the highest green-building standards, saying it will solve the very issues the opposition holds up as reasons for not expanding. Without the expansion, they say, the airport could lose crucial FAA funding for maintaining any runway and moving the airport terminal toward net-zero energy consumption.   

LEFT: An aircraft approaches the runway at the Aspen Airport. RIGHT: The Aspen Airport runway is nestled in the Roaring Fork Valley less than three miles from town of Aspen. (Hugh Carey, The Colorado Sun)

The conflict rings true for other Colorado communities in close proximity to airports. In May, citizens of Centennial, concerned over lead emissions at their airport, fought to get unleaded fuel offered to pilots at their airport, and Rocky Mountain Metropolitan Airport took its first step toward converting on Wednesday. In September, the Colorado Springs Airport announced it would soon start upgrades to its 29-year-old terminal because so many people were skipping it in favor of flying out of Denver. Residents in Rifle are irked when private flights from Aspen have to re-route there. And Denver International Airport on Wednesday said it will add 100 new gates to its already behemoth operation by 2045, preparing to handle double the passenger traffic now passing through the country’s third-busiest airport. 

Entwined with the Aspen airport’s runway expansion are upgrades to its terminal, described by county commissioner Patti Clapper as “falling down around our ears.” 

Dan Bartholomew, the airport’s director since May 2021, said any holdups on the runway expansion impact that terminal project as well, and that the “spread of disinformation” by Aspen Fly Right has already created hiccups. 

Aspen Fly Right bills itself as “an independent nonpartisan public charity” dedicated to fact-finding “with no dog in the fight.” Lovins says no one has told him what information is wrong. “They’ve never taught us. We’re trying to be constructive.”

 But some — including Barry Vaughan, a longtime pilot who lives in El Jebel and chairs the county’s airport flight operations safety task force — say the fight over the Aspen airport’s future isn’t really about the airport’s future. It’s about growth versus anti-growth, a familiar story in Colorado.   

How not fixing a road foreshadowed the airport debate

Vaughan said you can’t understand the story of the Aspen airport unless you know the story of the road to Aspen.  

He’s talking about Colorado 82, a four-lane highway out of Glenwood Springs from Interstate 70 that narrows to two lanes just past the airport going into Aspen. It then snakes around what was, until silver prices bottomed out in 1917, a highly productive silver processing plant that is now Marolt Open Space and west Aspen. The road was built with a series of curves going into (or out of ) town. And it remains that way despite attempts in the 1980s and ’90s, when the economy exploded, to straighten the highway over the open space to create better access to downtown Aspen. 

“But after a dozen public votes, it stayed the same, and there are people in Aspen currently who think the way it is now protects them from public onslaught,” Vaughan said. “And now, on most mornings and evenings, it can take 45 minutes to an hour to get from the pinch point at Marolt Open Space to the center of town.” 

“There are a lot of very opinionated people here who tend to remember the way things were 10 to 50 years ago,” he added. “So whenever there’s a chance to remove a transportation inefficiency, there’s pushback.” 

The way that relates to the airport also involves a story. The terminal opened in 1976. It was a source of pride for Aspen as the first commercial building in the United States to use passive solar heating. For years, the airport remained a somewhat sleepy hub used by the wealthiest business people and celebrities. But in 1995, Aspen Skiing Co. asked the county to put funding for a wider runway on the ballot, in order to accommodate bigger planes full of more skiers wanting easy access to the valley.   

Doing so would have brought more tourists to fill hotel beds, shop in boutiques and dine in the town’s restaurants. Money and tax dollars would have piled up. But not everyone supported the vision. 

Commercial airline travelers arrive and lounge at the Aspen Airport terminal. (Hugh Carey, The Colorado Sun)

Among them was one Hunter S. Thompson, the equally beloved and reviled “gonzo journalist” of Aspen, who, upon hearing of the ski company’s plan, enlisted the help of “Boys of Summer” crooner Don Henley to campaign against the widening of the runway. 

“Thompson lived in Woody Creek and was looking for a cause,” Vaughan said. “He’d had several already and would hold court in an inebriated fashion at Hotel Jerome. So when this came up, he staked out a claim: no expansion. Henley wrote a check for $300,000 to help finance an opposition.” 

Ellen Anderson, a co-founder and the treasurer of Aspen Fly Right, speaks fondly of the days when Thompson dropped matches in the petrol of Aspen politics, as The Los Angeles Times put it. She lives in the Aspen Village neighborhood across the river from Woody Creek and still has a “no 737s” bumper sticker and two buttons created during Thompson’s airport campaign. Some loved Thompson, some loathed him. But he mobilized his following and got the attention of the ski company, which asked the commissioners to take the runway expansion question off the ballot. The commissioners refused, and the result was a resounding vote of no.

But that same year, something happened that Vaughan said continues to inform today’s debate. 

There are some who describe our work as misinformation and propaganda, but that is not satisfactory.

— Amory Lovins — the founder of the green-energy think tank Rocky Mountain Institute

The Federal Aviation Administration’s general accounting office turned its attention to the Aspen airport as it began discussing the dangers and safety issues associated with mountain flying in the United States. 

One focus was a difference in curfews Pitkin County had placed on commercial flights and private planes landing at the airport. In a move that angered private pilots, the FAA said commercial planes could land until 11 p.m., while private planes had to be on the ground by sunset. A general aviation group, Aircraft Owners and Pilots Association, filed a complaint with the FAA saying the discriminatory curfew was a violation of grant assurances, or promises airport operators have to make to get FAA funding. 

The private pilots won. “But the way some of the Woody Creek group remembers it is that the FAA tried to take away our curfew and we went to Congress and got a law passed to preserve our right for local control,” Vaughan said. “They look to that event and that congressional legislation as an example of how they think ‘We’re different. We can get our way with the FAA. We don’t have to submit to their control.’” 

The sentiment continues today.  

The blessed curse of FAA oversight 

Clapper, the longtime Pitkin County commissioner, said the federal government has its place in helping local governments manage facilities such as airports, but there should be some flexibility as far as specific needs and concerns and limitations, especially in Rocky Mountain communities. The fact that there isn’t any frustrates local governments and their constituents, she added, “because they don’t understand why we can’t have a firmer say in what we believe we need for our airport.”  

But Bartholomew said there’s no getting around negotiating with the FAA, “because if the community says we don’t want the expansion, the FAA will come back and say, ‘Okay, don’t do it, but we’re not giving you any funding, for things like runway maintenance.'”  

The agency groups airports into several categories based on standards including separation between taxiways and runways. They do this to determine which aircraft can fly in and out, based on wingspan. 

The Aspen airport is unique among most airports for several reasons, not the least of which is that it sits at 7,680 feet boxed in by 11,000- to 14,000-foot peaks. Dramatic shifts in air density impede “lift.” Erratic winds have often been cited as contributing factors in the 40-plus crashes in 40 years at or near the airport. And planes land and take off on the same strip of pavement, sometimes at the same time. The space between the airport’s taxiway and runway, just 320 feet, is another anomaly among airports, Bartholomew said. The vast majority of airports are categorized as 2, 3, 4, etc., while Aspen, with its wonky layout, “falls just short of a category 3,” he added.

That means there’s only enough distance between the runway and taxiway to accommodate planes with wingspans of 95 feet or less. Anything bigger and the planes wouldn’t be able to bypass each other. But Bartholomew said the FAA wants the separation widened to a category 3, to accommodate planes with wingspans up to 117 feet. This is the core issue Aspen Fly Right opposes, with Lovins calling the FAA mandate a “foundational myth promoted for at least 13 years” that proponents of expansion claim is “a basis for needing to rebuild [the runway] for bigger airplanes.” 

“It’s a safety issue for the FAA,” Bartholomew counters. “A wider runway for them is always better.” And from a business perspective, he said, it would be a boon for Aspen, the county and its residents because it “would give the airport more options for types of aircraft that can come in.” 

This goes for both private and commercial planes, he added, but he focused on commercial carriers. Aspen is currently served by SkyWest Airlines, flying passengers for American, Delta and United. The largest plane they can currently land on the airstrip is a Bombardier CRJ700 with seats for 78 passengers and a wingspan of 76 feet. (Although a privately owned, shorter version of a 737 with a wingspan 3 inches short of the limit did land there once, in 2018, according to The Aspen Times, which reported “no one noticed.”)  

Bartholomew said the CRJ700s “are totally aging out,” with Aspen “the only airport in the country that is solely reliant on them. That’s a tough position for an airline to be in. Now they’re keeping an aircraft around for one market. Eventually the airlines will phase them out.” 

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Therein lies one of the constraints Pitkin County, as airport owner, is juggling. 

The current runway is deteriorating and will need to be replaced in a matter of a few years. Over the past two years it has been shut down for weeks at a time for repairs. Bartholomew said reconstruction will cost up to $100 million and in order to get the money, the county will have to agree to the FAA’s terms.

First they must submit an airport layout plan, updated from one created in 2016, which included expanding the separation, because in the previous plan the westernmost runway sat too far to the west and thus too close to a cluster of shale bluffs that some perceived as hazardous to the new flight path. In the new plan, the taxiway moves east.

“We’re currently going through the ALP revision process,” Bartholomew said, and if the new one doesn’t include the wider separation, the FAA could deny funding for improvements for the entire airport. This includes the terminal, which Clapper said will hopefully build on its origin story and become “net zero.” 

But Lovins said that while the CRJ700s “are aging, which is true, it’s an unwarranted assumption that this means they are about to retire, causing us to have to move quickly to get the bigger planes.” He wrote as much in one of the many essays he has also submitted to the county and public, via the Aspen media, on various airport-related subjects. 

“Even the county’s lead consultant on forecasting says they can run for another 20 years, and that would be consistent with industry practice,” he told The Sun. “When you have a plane that is working well and making a lot of money in a very lucrative station, you want to keep it working. So this claim of saying the CRJ needs to be retired is like saying someone 35 is about to retire so you need to start looking for a replacement.” 

And Anderson believes the county is engaging in a game of “verbal judo” when it comes to claims it has made about widening the runway. 

Aspen Fly Right’s push for “flying right”

Anderson sounds irritated when she talks about how the county communicates about the runway. 

“They say, ‘You know, the runway is getting beat up’ and there’s no doubt it is, but it doesn’t have to be fixed this year or next. That’s where they play verbal trickery. They say, ‘as long as we have to redo it, let’s make it bigger.’ It’s like saying ‘oh, the time to replace your roof is when the sun is shining.’ I agree. Absolutely. But that does not mean you have to make the roof bigger.”

Lovins added “quite a few commercial jets are still running that are 40-50 years old because they’re so well-suited to their mission.” He also said the county has approved a short-term replacement for the CRJ, roughly its size, “so that doesn’t support the wider-runway thesis either.”

There are several other reasons Fly Right opposes the runway expansion. A big one for Anderson is safety. She was the Pitkin County sheriff’s deputy starting in 1981 and became the county Emergency Management Coordinator in 2003. In 2001, a chartered Gulfstream III business jet flying into the airport from Los Angeles crashed on final approach. All 18 people on board died, including a well-known L.A. film executive. Aspen saw human carnage on a scale most had never encountered.

Anderson wonders whether Aspen EMS has the capacity to deal with an even bigger disaster. New services have recently come online — an ambulance barn and station at the Aspen hospital, a growing Aspen fire department — but she fears training has been limited. What if a plane carrying 140 people crashed?

“The CRJ700 holds about 70 people, the same number as one of our public transportation buses, so our first responders practice with 70 potential victims,” she said. “But if one Airbus with 140 passengers is brought in, like what the forecast is calling for, that’s twice as many people. Our first responders are wonderful, but they’d be overwhelmed.” 

On their website, the group cites noise, air pollution, climate-harming emissions and a “defective public process” as more reasons for why the expansion should be stopped. Also: Important information provided to the public has been incorrect. Independent views are “systematically excluded.” And big decisions are made “out of the public’s vision.” 

Topping their list of ways the county has failed in the airport visioning process is “it was strongly driven by designers and moderators to consider only information provided and instructed by county staff to support the desired conclusion,” Lovins said. “Then serious exploration of those claims was shut down, so some of the most knowledgeable people in the valley about aviation simply quit or were assigned where they couldn’t do harm. We are told directly and indirectly that a lot of our information is wrong, but not once has the county told us what they think is wrong and why, and if they’re really concerned about mutual learning they should tell us and not just gripe about it.” 

They say, ‘You know, the runway is getting beat up’ and there’s no doubt it is, but it doesn’t have to be fixed this year or next. That’s where they play verbal trickery.

— Ellen Anderson, a co-founder and the treasurer of Aspen Fly Right

Documents requested through open records requests were “90% redacted,” Lovins claims. (They’re buried here.) Big decisions are made without public input, he added. (Although there is a public Airport Advisory Board with numerous spots and committees for people to join and weigh in on the process.) And “imprudent, risky choices are being treated as inevitable,” the website says, in a “process that could lead Pitkin County to invest more than a half-billion dollars in a flawed airport … unlikely to win Federal approval and funding, and unable to meet the community’s safety, health, and environmental goals.” 

Over the past year, Fly Right has campaigned against expansion and developed a study, run by citizen- and traditional scientists in the fields of physics, aviation and carbon pollution, examining the effects of aircraft emissions on humans. 

Their study looked at whether emissions created by planes revving up for takeoff floated into the children’s center at Buttermilk. Preliminary findings suggested carcinogenic particles are detectable in the air hundreds of meters away from the runway, Lovins told a crowd of 60 at a town hall in March. As these particles leave the engine, they create toxic or carcinogenic coatings that are highly reactive and inflammatory in the body, he said. The aim of the study was to show proof that these particles exist in quantities that are harmful to humans and to forecast how bigger planes not built to green energy standards will send more toxic fumes into the children’s center. 

Airport director Bartholomew said Fly Right “hasn’t communicated a whole lot of raw data to us,” so he “doesn’t know what to think about it, or whether the equipment was good, or how they analyzed their data. And I don’t know how they’d separate out emissions from State Highway 82, which often has a half-mile backup of cars, from the airport emissions.” 

Lovins insists the data is “solid and straightforward,” it’s just not ready for publication yet. “Several experts are working on that,” he said, “and Fly Right will publish as soon as they can.”  

One other argument Fly Right holds for why the county could maintain the status quo in terms of flight size is that it could pay for upgrades on the airport and runway itself by taking over operations of a current third-party operator, and route the money the operator makes on things like jet fuel into its own coffers, thereby sidestepping the need for FAA funding. But Bartholomew says that is faulty thinking, because “the FAA will still have the authority on what we build, and with them looking to put in hundreds of millions over next few years, there’s no chance we’re going to make that money selling fuel as a fixed base operator.”

One thing everyone agrees on, however, is no matter how the airport grows, it must be clean and green.

The wait for new technology 

Bartholomew says the county is dedicated to renovating the terminal and the parking area “with net-zero goals in mind.” In addition, the increased separation between the runway and taxiway will allow for more modern, cleaner and quieter aircraft to operate at the facility. Together these will help forward the community’s environmental goals of fewer emissions and noise reduction by 2030, he said.

With older planes, which lack some of the technology that helps pilots in severe weather, “if they have to divert a flight and bus people back to Aspen, the carbon footprint is larger,” he added. (Same goes for flights diverted because of runway traffic jams.) 

And Fly Right isn’t the only group trying to understand the negative effects of airplane emissions on humans. Bartholomew said the county is gearing up to start monitoring them with the goal of reduction.

“That’s what’s so frustrating,” Clapper said. “It’s like, we want to pay attention to growth. We want to pay attention to noise and emissions. We want to electrify the airport and make it one of the greenest terminals ever seen, because we have the federal funding to do that. So if it means some expansion of the runway, or you know, one of these other things people are against, we are doing the best we can to be transparent and truthful.” 

An airport in suspended animation 

When Hunter S. Thompson was alive, he lived near the town of Woody Creek, directly under the flight path of the Aspen airport.  

Anderson lives under the flight path in Aspen Village, where, she says, planes “strafe” her house.

Bartholomew says the group has a legitimate complaint. But it’s the kind of thing Vaughan might point to when he speaks of “the people in Aspen who tend to remember the way things were 10 to 50 years ago.”  

“Across the United States, it’s been the case for decades that there is competition for power in terms of who gets to make the decisions regarding airports and how they’re going to be run,” he added. “You’ve had competition. You’ve had a disagreement. And very often you will hear people saying, ‘We who live in the vicinity of the airport with all the jets flying over our heads, we should be able to decide what kind of planes fly in and out of here.’ Yet, generally speaking, the local community does not get to decide, due to federal law.” 

That doesn’t sit well with Lovins, who insists the FAA is not “the final answer” for the future of the airport, because currently only one person, John Bauer, manager of the Denver Airports District Office, is weighing in, and to do what he wants to do, which is widen the runway, “he would have to go higher in the FAA to people who have different values.”  

The congressional delegation who helped the private pilots “force” the FAA to give them equal landing rights way back in the 1990s could weigh in, too, he said. “And, of course, all of us would like to see a collaborative project with the commissioners and the FFA but I’m afraid that’s not where we’re heading.” 

Then he thinks about the fact that some members of the Fly Right group live in the place Hunter S. Thompson did when he started his campaign against the airport. He knows some people think they want fewer planes flying directly over their homes. He knows NIMBY is associated with their name. 

“That slam you quote is very common and not properly respectful of the legitimate interests of people living under the flight path. It isn’t something a thoughtful person would say,” he said. “Aspen Fly Right does not represent or engage institutionally with any particular community. We’re interested in the whole valley and users in all parties in all places at all times. We are not a lobbying org. We don’t represent a particular locality. We’re just trying to look at the totality of this very complex set of issues and provide better information to support a wider process that will yield a better airport for all.” 

Bartholomew thinks everyone does want a better airport. But to get there, he said the community needs to agree to modernize the airfield to allow cleaner and quieter aircraft in order to become eligible for federal funding to make it a greener facility.

CORRECTION: This story was updated at 8:10 a.m.,Oct. 9, 2023, to correct several errors. Barry Vaughan lives in El Jebel, which is in Eagle County. Ellen Anderson lives under the Aspen Airport flight path in Aspen Village, across the river from Woody Creek. Her collection of memorabilia includes buttons from the No 737s campaign, but not a poster from Hunter S. Thompson’s run for sheriff. And it was Eagles front man Don Henley who underwrote the campaign. Anderson, a former Pitkin County sheriff’s deputy starting in 1981, was the county Emergency Management Coordinator in 2003. And when necessary, commercial flights are typically diverted to Grand Junction but not Rifle.

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Florida developer Bobby Ginn promised Minturn about $160 million in benefits if voters annexed his 5,000-acre property atop a nearby mountain and let him build a private luxury ski resort with 1,700 homes, a golf course and 13-story hotel. 

When Ginn’s golf course empire across the Southeast collapsed in the Great Recession, his lender scaled back the grand Battle Mountain plan and offered the town a more modest trove of benefits — worth about $11 million — in exchange for annexation. That plan also did not unfold and Minturn last year sued the developer, private equity firm Lubert Adler. 

Now Minturn’s leaders are weighing a final settlement plan where Minturn gets $150,000 and about 250 acres and Lubert Adler developer Battle One gets to build 225 to 250 homes and 50,000 square feet of commercial space on about 200 acres.

“The reason we are here is because we’ve made a lot of mistakes in this town,” Minturn resident Darin Tucholke said Aug 15, during the first presentation of the proposed settlement agreement by the Minturn Town Council. “In 2008, we made a mistake … because we bought into the Walt Disney of Minturn. But we gotta make this deal.”

Minturn leaders seem to be agreeing with Tucholke. They don’t want a developer adding up to 250 new homes on the south end of town, which has about 450 homes and 1,000 residents. But the Battle One developer last year sold 45 acres to the Eagle River Water and Sanitation District, which will build a reservoir called Bolt’s Lake to buttress its water supply for 27,000 residents in the Eagle River Valley and give Battle One enough water for as many as 700 homes. 

If Minturn declines the lawsuit-ending deal that would keep Battle One’s acreage along the Eagle River inside the town boundary, the developer could go to Eagle County to get permission for as many as 700 homes. Rejecting the settlement agreement also would leave Minturn facing lengthy litigation, and possibly left on the sidelines of development on its border and unable to collect any tax revenue from the construction of those homes.  

“If they de-annex and develop through the county, we get all the impacts without any benefits,” Minturn Town Councilman Tom Sullivan said. “Plus we have the risk of a long legal battle that we might not win. This is, sadly, about as good a deal as we can get.”

Minturn has been largely overlooked in the downvalley boom that has driven spectacular growth — and home prices — in towns downstream from Vail. It’s in a narrow valley with U.S. 24 dividing the town, which is surrounded by Forest Service land. 

On the south end of town, between downtown Minturn and Red Cliff, the mining village of Gilman, which once was home to about 1,000 zinc, copper and silver miners and their families, was abandoned in 1984. When the mine owner shut down the pumps that kept water from flooding the miles of shafts, toxic minerals from the Eagle Mine washed into the Eagle River and the 235-acre site was listed as an Environmental Protection Agency’s Superfund site in 1986. 

On Monday, the EPA said it was removing a portion of the Eagle Mine from its National Priorities List for Superfund sites. The remediated portion is 5.3 acres around the so-called Trestle Area, where Minturn could own new acres and Battle One plans to build homes.

After EPA-directed remediation and diverting water from flowing through the mine, Ginn in 2004 announced his plan to develop parts of the Gilman site into a residential golf course community in the valley below his proposed Battle Mountain ski resort. In 2008, Minturn residents voted to annex the property, enticed by Ginn’s promise of cash, a water treatment plant, a community center, new sidewalks, bike trails, parking lots, scholarships for local kids and even $22 million so the town could buy Forest Service land adjacent to town. 

Ginn was among a swell of out-of-state developers who dreamed big in the early 2000s in the Colorado high country but never delivered following the national economic collapse in 2009. Lubert Adler amended the annexation agreement in 2012, with a promise to release about $11 million held in escrow — a down payment Ginn made following the annexation vote in 2008 — and make monthly payments to the town as it planned a much smaller development on land on the valley floor. 

In 2022, the town sued Lubert Adler in Eagle County District Court for breach of contract to force the developer to deliver on 15 years of overdue promises.

Battle One, which in 2020 sold more than 4,600 acres of mountain top property where Ginn planned a private ski resort to a local family, has not talked much about its plan for development on the remaining 540 acres on the south end of town, saying only that the project would have “community housing, trail connectivity and open space.”

The proposed settlement agreement to end the lawsuit includes $50,000 to help Minturn pay consultants and lawyers to examine the plan in the next six months. The proposal also gives Minturn $100,000 cash and about 250 acres, including publicly accessible land on the flanks of the proposed Bolt’s Lake reservoir for recreation, two 60-acre parcels and three smaller parcels. Gilman will be de-annexed from Minturn and will become part of unincorporated Eagle County and remain subject to EPA clean-up restrictions and development limitations. 

It’s unlikely that Minturn can make big changes to the settlement agreement. After more than a year of negotiations, it appears to be a take-it or leave-it deal. Minturn Councilman Sullivan said the town lost its bargaining leverage when the Eagle River Water and Sanitation District gave the developer enough water to build 700 homes.

“We are working with the hand we were dealt by the water district,” he said. “At least we were able to reduce the potential 700 units to 250.”