CALF_News_June_July_2019

33 CALF News • June | July 2019 • www.calfnews.net Disruptions in the Livestock Industry panel members include (left to right), Marshall Frasier (moderator), Tom Haren, Chris Carrington and Floyd Ciruli. RIGHT: Tom Haren, right, answers a question from panel moderator Marshall Frasier (left) during the Q&A portion of the panel discussion. disputes, financial issues and certain environmental matters. Carrington used examples to illustrate the disruption that litigation and the misuse of our legal system causes. In one case, they had a client who was in full compliance with all regulations of the Colorado Department of Public Health and Environment as of March of 2015. After a 50-year flood in June of 2015, an individual sued the feedlot for an“unlaw- ful taking” after 379 dead fish were found in a stream 3.5 miles away from the feed- lot. The eventual judgement ruled against the feedlot to the tune of $600,000. The case is currently under appeal and is only one example of similar cases. Carrington expressed how the impacts of a changing world and a new genera- tion of landowners with a new perspec- tive on land ownership is disrupting agriculture. This generation is much more removed from the land and wants to do something different with land than traditional agriculture. Because the law states that "action for the division and partition of real or per- sonal property or interest therein may be maintained by any person having an interest in such property," the landown- ers who have an interest in a property are able to disrupt how property is used or maintained. The reality is that in many areas experiencing urban encroachment, land is worth much more when devel- oped than if kept for farmland. This younger generation favors development as a land use over agriculture. "As the rural and urban settings increasingly intersect, we expect to see more disputes related to governmental, private and political/regulatory issues,” Carrington said. “As political winds shift, we are likely to see increasing governmental enforcement and more nuisance lawsuits. Political issues such as agritourism, changes in oil and gas regulations, hemp farming, the ongoing debate about ‘ag-gag’ laws and the like will increase." Floyd Ciruli, policy consultant and professor at University of Denver, founded Ciruli Associates, a consulting firm specializing in public policy and research. Since starting his company in 1985, he has seen decades of changes and countless disruptions. “All medias are fairly dis- ruptive,” Ciruli said.“Politics are also very disruptive and, at this time, can be attributed to the extreme polarization between all parties. We are not happy with our politicians at all,” Ciruli said. Ciruli pointed out that Colorado is the seventh-fastest growing state in the nation and is going through the most dramatic electoral change since 1974 (the year of Watergate). Consequently, Colorado will get a new congressional seat and new commissions. He also pointed out that Democrats are very much in control of the Colorado House (41 Democrats vs. 24 Republicans) and Senate (19 Democrats vs. 16 Republi- cans). This shift has prompted a change in public and political priorities for Colorado, many of which do not favor agriculture. At the very least, the changes in priorities bypass agriculture as an important industry. All panelists emphasized the impor- tance of complying with regulations, building relationships and being a good neighbor in order to avoid disruptions. “We know of instances where litiga- tion has happened because of an upset neighbor and broken communications, and once lawyers get involved, things deteriorate fast,” Carrington said.“Good relationships will help avoid getting government and lawyers involved.” “At the base level, be in compliance and be able to prove it,” Haren added.“At the human level, build relationships and be a good neighbor. At the looking-glass level, start looking at what is ahead and act accordingly. Frankly, we cannot stop progress and growth. We are outvoted and outnumbered.” Ciruli agreed.“Ag is valued by the urban population from an ideals standpoint, but we must be anticipatory about what is coming and how the culture is changing,” he said.“Be more sophisticated in looking ahead and do not take it for granted that people view agriculture as you do.” While agriculture may not be able to totally avoid disruptions, being proac- tive and engaged will make them less destructive. 