The Irony of this is that about year ago, The D&S started some clear cutting logging on their right of way, as fire mitigation, this after they were blamed for starting a fire. And the forest service went to court and got a STOP order, claiming that they ( D&S ) hadn’t gotten a proper permit for logging thru them. Now understand… the D&S took over all rights and such from the D&RGW for the original right of way that was filed in 1880. Long time before there even was a forest service. The original right of way, gave them ( the D&RG ) total control of the assigned land.
There is still a on going legal discussion between the D&S an the Forrest service ( and closely followed by all RRs ) over jurisdiction over their ROWs. Here’s the just… the Forest Service will sue for damages if a train starts a fire along the track side, But the Forrest Service won’t allow clearing along the ROW. RR says the fire was the results of not being able to properly clear the ROW, And Forrest Service sites Environmental regs that they are not allowed to violate. Then toss in the extreme tree huggers that filed a lawsuit to stop, the Forrest Service from doing a prescribed burn for about 12 years in the area and stopped them from thinning the forrest also, then a fire started and went way out of control. Poor D&S caught in a true catch 22.
BTW: The Durango Herald newspaper is a very far Left reaching newspaper. They have been caught ahead of time setting up several “Gotcha” events against the D&S. Even advocating to close the D&S and turn the ROW into a bike trail.
Full Disclosure for those that don’t know. I live in Farmington NM. about 40 miles South of Durango. The Durango Herald is considered a Local newspaper. I also set on the Board of Directors for The Durango Railroad Historical Socity ( we own and operate D&RGW 315 Coal Fired Steam engine [C-18, 2-8-0, Baldwin 1895] ) And I actively crew and run 315.