Summit County: Is Copper Mountain’s base village up for sale?

Ownership changes inevitable as real estate trust expires in 2015

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By Bob Berwyn

FRISCO — Along with a slew of other ski resort villages, Copper Mountain‘s commercial base-area properties (the Village at Copper) may be for sale as part of a “trophy resort village portfolio,” offered  for $142.5 million.

According to an online brochure making the rounds, the resort villages can also be bought separately, starting at about $9 million for the smallest and ranging up to about $30 million. The real estate investment services company Marcus & Millichap is offering the properties, which are owned by CNL Lifestyle Properties, Inc..

The Florida-based real estate investment trust (REIT) that became a big player in the mountain resort business when it bought properties all over North America about the time the resort real estate boom fizzled. (more…)

Colorado: Skier donations build forest conservation legacy

National Forest Foundation awards $650,000 for stewardship work

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Ski area visitors leave behind a year-round stewardship legacy when they contribute to the Ski Conservation Fund. Bob Berwyn photo.

By Bob Berwyn

SUMMIT COUNTY — Thanks to voluntary contributions from ski resort visitors, the the U.S. Forest Service and the National Forest Foundation will partner to invest about $650,000 in forest restoration and recreation projects. The donations are collected in a voluntary add-on to ticket and lodging sales, a dollar or two at a time.

The grants were awarded recently to organizations like the Blue River Watershed Group, the Colorado Fourteeners Initiative, the Colorado Mountain Club and the Colorado Natural Heritage Program for projects like trail improvements, wildlife habitat enhancement, tree planting and stream restoration. (more…)

Outdoors: Skier visits rebound nationally

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U.S. resorts tallied 56.6 million skiers visits — and counting — in he 2012-2013 ski season.

All regions post increases from last year

By Summit Voice

SUMMIT COUNTY — After a bid dip last season, skier visits rebounded strongly in the 2012-2013 season, climbing up to 56. million with the season still going strong at areas like Mammoth Mountain and Arapahoe Basin.

For the country as a whole, skier visits climbed 11 percent from last season. Skier visits in the Pacific Southwest and Northeast regions climbed more than 20 percent from last winter, not surprising, since they were the areas hit hardest by sparse snowfall and an early meltdown last year.

Resorts in all regions started slow but skier visits gained momentum through the holidays and spring break. Overall, 78 percent of reporting ski areas posted increases in visits. The median resort experienced a 10.6 percent gain in visits, according to a release from the National Ski Areas Association. (more…)

Vail, Breckenridge and Copper extend the season

Late-season snow spurs limited re-opening April 19-21

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Fine spring skiing conditions at Breckenridge.

By Summit Voice

SUMMIT COUNTY — Colorado skiers will get a bonus weekend at Breckenridge, Copper Mountain and Vail, with all three areas firing up some of their lifts for a final spring fling.

“After skiing some amazing powder turns on closing day and more heavy snow in the forecast this week, we just don’t have the heart to shut down Breck’s lifts just yet,” said Pat Campbell, chief operating officer for the Summit County resort.

“Mother Nature is a fickle business partner and apparently she wasn’t ready for the ski season to be over. We can’t think of a better way to thank our loyal guests for celebrating our 40th Anniversary season with us,” said Gary Rodgers, president and general manager of Copper Mountain Resort.

Copper Mountain will open American Flyer, Sierra and Timberline lifts this Friday, Saturday and Sunday, April 19-21, from 9 a.m. – 4 p.m. each day. Skier services including food and beverage offerings and rental and retail options will be limited to Center Village.

Breckenridge will open 1180 acres, lifts and terrain on Peak 8 only this Friday, Saturday and Sunday, April 19-21, from 9 a.m. – 4 p.m. each day after picking up 60 inches of snow in April. Lifts open will include:  The BreckConnect Gondola, Colorado SuperChair, Rip’s Ride, 6 Chair, T-Bar and the Imperial Express SuperChair; Park Lane and Trygve’s Terrain Parks will also be open. (more…)

Forest Service holds public meetings on ski area water rights

After legal showdown, agency, resorts start down collaborative path to address critical water questions

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Who owns the water originating on national forest lands? Bob Berwyn photo.

By Bob Berwyn

SUMMIT COUNTY — After losing a court showdown, the U.S. Forest Service will restart a process to try and clarify the future of water rights associated with permitted uses on national forest lands, especially with regard to ski areas in the West. Click here to see related Summit Voice stories.

In December, a federal court ruled that the Forest Service failed to meet legal requirements when it updated the rule administratively. Now, the agency will hold a series of public meetings, starting April 16 in Denver, to take input from the public and key stakeholders. Additional meetings are set for Salt Lake City on April 17, and Lake Tahoe, Calif., on April 18. (more…)

Colorado: U.S. Fish and Wildlife Service acknowledges lynx mistakes in Breckenridge Ski Area’s Peak 6 expansion plan

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A transplanted Canada lynx watches a Colorado Division of Wildlife biologist. Photo courtesy Tanya Shenk/ Colorado Division of Wildlife.

Federal approval missed a key step in addressing requirements of Endangered Species Act

Click here to read all Summit Voice Peak 6 stories

By Bob Berwyn

FRISCO — Federal biologists have acknowledged that they left out a key step in their approval of the proposed Peak 6 ski area expansion at Breckenridge, a project that would degrade a patch of lynx habitat in the Tenmile Range.

“We reviewed the … biological opinion, and we agree that our incidental take statement lacks a meaningful mechanism to reinitiate consultation if the project exceeds the anticipated incidental take,” U.S. Fish and Wildlife Service Western Colorado Supervisor Patricia Gelatt wrote in a March 6 letter responding to a formal legal notice from Rocky Mountain Wild and the Blue River Group of the Sierra Club.

Gelatt said her agency plans to meet with the Forest Service and modify its biological opinion to address the deficiencies before the Notice of Intent expires on April 19, but she didn’t explain how agency biologists missed including the required regulatory mechanisms after discussing the expansion with the Forest Service for several years. (more…)

Colorado skier visits stabilize during the heart of the season

Good late-season snow conditions should help Colorado ski areas bounce back partially from a so-so start to the season.

Good late-season snow conditions should help Colorado ski areas bounce back partially from a so-so start to the season.

Ski trade group reports slight increase from last season for the January-February period

By Summit Voice

SUMMIT COUNTY — After dropping steeply last season and the first part of this winter, Colorado skier visits stabilized during the past few months, according to Colorado Ski Country USA.

The state’s ski industry trade group said skier visits at its 21 member resorts climbed 1.3 percent during January and February, compared to the same two months last season.

For the season to-date, visitation at CSCUSA resorts was down 4.2 percent compared to the same time last season, defined as opening day through February 28. (more…)

Colorado: Vail Resorts says mid-winter business rebounded

Major capital investments announced for upcoming seasons

Vail Resorts is talking up the Peak 6 expansion at Breckenridge as part of its capital investment plan for the coming season.

Vail Resorts is talking up the Peak 6 expansion at Breckenridge as part of its capital investment plan for the coming season.

By Summit Voice

FRISCO — Vail Resorts said business bounced back after a slow start to the season, with some of the company’s resorts posting record business during the Christmas holiday period. VR’s net income climbed 30.5 percent, to $60.5 million in the second fiscal quarter compared to last season, with skier visits up 2.9 percent and mountain net revenue up by 9.5 percent.

“We are very pleased with our performance in the second quarter of fiscal 2013, which was notable for two distinct dynamics we experienced in the quarter,” VR CEO Rob Katz said this week during a call announcing the company’s second quarter earnings. “The first was our results through the middle of December, which were marked by unusually warm and dry weather in Colorado that limited the terrain we could open, leading to lower than expected results for our four Colorado resorts.  (more…)

Ski industry wins water rights lawsuit against Forest Service

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A judge rules this week that the Forest Service can’t force ski areas to transfer water rights to the federal government. Bob Berwyn photo.

Judge orders Forest Service to go back to the drawing board on developing permit language to govern water originating on national forest lands

By Bob Berwyn

FRISCO — A long-running dispute over water rights at ski areas operating on public land was resolved — at least temporarily — this week, as Federal District Court Judge William Martinez ruled that the U.S. Forest Service violated its own regulations and other federal laws when it adopted a new water rights clause to be added to ski area permits.

Martinez stayed away from the takings issue raised by the ski industry, but slammed the Forest Service for issuing a new rule without providing a chance for formal input and public comment. Read the ruling here.

He vacated the water rights clause, enjoined the Forest Service from enforcing it and remanded the matter back to the agency for further action to be guided by the court ruling. Specifically, Martinez said the Forest Service failed to develop the new water rights clause under formal public processes required under federal regulations.

He also ruled that the Forest Service violated federal regulations because the agency did not evaluate the economic costs of forcing some smaller ski areas to to assign their water rights to the Forest Service without compensation.

“Given how critical and valuable water is to ski area operations, we are pleased that the court has stopped this unreasonable and unlawful policy in its tracks,” said Michael Berry, president of the National Ski Areas Association. “We look forward to working in cooperation with the Forest Service to develop a water policy in the future that respects property rights and state water law.” (more…)

Colorado: Judge rejects Vail Resorts’ claim that avalanches are an inherent risk of inbounds, lift-served resort skiing

Vail will have to produce avalanche safety documents for trial

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A jury trial may determine whether Vail Resorts has any liability for the Jan. 22 avalanche death of 13-year-old Taft Conlin on Prima Cornice.

By Bob Berwyn

* some discusssion of this story on the Telemark Tips forum.

FRISCO — Vail Resorts failed last week to convince a judge that avalanches are an inherent risk of skiing on the company’s flagship mountain. Broomfield District Court Judge Patrick Murphy declined to dismiss a lawsuit filed by the family of Taft Conlin, who was killed by a snowslide on Prima Cornice in January 2012.

The company’s argument that avalanches are an inherent risk of skiing inbounds at ski areas may surprise a great many skiers, most of whom probably assume that they won’t be exposed to avalanche danger when they’re riding resort lifts and skiing on marked trails. Read Vail’s motion to dismiss here.

Advocating on behalf of Conlin’s family and for all skiers, attorney Jim Heckbert urged the court to reject Vail Resorts’ claims.

“If one is to accept the Defendant’s arguments, a ski area operator is permitted to negligently or knowingly expose skiers to the danger of death by avalanches with impunity. Because the risk of avalanche on January 22. 2012, could have been eliminated through the use of reasonable safety measures, the risk was not an inherent danger of skiing,” Heckbert wrote in the response to the the Vail Resorts motion to dismiss. Read the entire response here. (more…)

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