Taos Mountain Alliance is concerned about forest access in the Taos Ski Valley especially in and around the Carson National Forest Special Use Permit (SUP) area and including the adjacent Wilderness areas. Past and current details are presented for for educational purposes and to help identify potential changes that have the potential to affect forest access. All efforts are made to present facts and reliable information. Please bring to our attention anything that you feel needs correction or clarification, as well as, other important forest access issues or concerns. Thank you.
Access to the Williams Lake and the Wheeler Peak Wilderness Area
Here is a description of the ways to access backcountry skiing in the Wheeler Peak Wilderness around the Taos Ski Valley resort (Click here).
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A reminder that the intention of Taos Mountain Alliance is to be accurate when providing educational materials related to our mission and issues. Please provide us feedback/corrections through the “contact us” page. Thank you for the feedback we have already received which has been used in the following revisions.
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Threats to the WP/WL Backcountry Access
On June 19, 2023 we first met in person with TSVI (the resort), Carson National Forest, and VTSV (the Village) to exchange information and start a dialog about preserving the historic access to the Williams Lake/Wheeler Peak trails. As TMA began to consider aspects of the TSVI 2021 Master Development Plan and to recall changes and events that have occurred in the past few years, we’ve become focused on helping to establish a formality to this access.
The first meeting gave us the opportunity to explain why we are very concerned about changes/activities we have observed, things that have been said publicly, and how these are related to preserving forest in and around the resort. It also provided us the opportunity to learn perspectives and facts from all parties.
One conversation discussed how the the resort has held a World Cup Pro Ski race event near the bottom of Lift 4 in the past years which has an effect on forest access. The photo of the VTSV police car blocking access to Twining Rd exemplifies the general problem - activities and events and changes to the configuration of the resort constrains access. In our dialog with TSVI, John Kelly explained that “the intention was to only restrict cars who were going to watch the event and the public should not have been hindered from going to the backcountry.” It was agreed by all in our meetings that access up the road is not controlled by TSVI (the Resort) and road closures should only temporarily occur when there are health and safety issues determined by the Village of TSV.
We were also able to mention how our perceptions of the TSVI development and potential to constrain access originate. An example was David Norden’s quote stating that "The idea is to take everybody out of their cars, off the road and put them in the gondola.” To us this is a direct statement of the intention to constrain (or even close) access to the Backcountry.
We learned more details about a 2018 process that occurred regarding a “relocation” of the historic WL/WP Trail. The proposal put forth by TSVI for the constructing of new mountain biking trails within the resort Special Use Permit area and re-routing the historic trail were combined. In our opinion, these seem related (along with the proposed Lift 4 hiking trail and gondola projects) and should be considered by the public and the Carson National Forest in relationship with each other. The 2018 trail re-route got a a “categorical exclusion” from the forest service which means a close look at the environmental impacts of the project was not required.
The current situation is as follows. Here is a “memo” from Carson National Forest’s James Duran approving the trail reroute in 2018 and an excerpt":
“To enhance the experience of the WLT, there is a need to realign the first segment of trail away from the existing service road onto a hiking trail created specifically for that purpose. Additionally, in its existing state, this segment of the WLT is almost entirely located on private lands; the opportunity to relocate this trail onto National Forest System (NFS) lands would alleviate management challenges associated with this recreation resource. The WLT is a prized resource in the area and providing visitors with a high quality natural experience from start to finish is a priority of the Forest Service. “
We fundamentally disagreed with these stated reasons for the trail re-route and feel that the process was rushed and lacked adequate opportunity for thorough public input and consideration of the ramifications. In fact, this change resulted in a problem for back country skiers and snowshoers - discussed later.
The resulting 2018 action was to create an Warranty Deed for a new “alternate” or “relocated” trail at the bottom of the El Funko ski run mostly within the resort Special Use Area (but partially within and near the private land). The warranty deed maps show both trails (click here) . This formally “abandoned” the historic trail and established a relocated trail. You’ve probably seen the TSVI intended entrance of the alternate trail - a “hobbit” bridge just above the bottom of Lift 4 (lookers left). The historic trail does go through two parcels of private land that are owned by the resort and the owner of the resort - TSV Holdings, Inc. (click here). We feel the historical trail is the only viable ingress/egress to the WL/WP wilderness trail, especially in Winter and should be preserved. The problem is that the “alternate” route is not suitable for skiing or snowshoeing because of the difficult steep and rocky terrain and avalanche dangers from El Funko ski run.
To prepare for our meeting, we obtained the TSVI Special Use Permit Winter Operation Plan which has a statement about the trail situation:
“During operating hours in the winter, the ski area will allow uphill traffic on the El Funko egress cat track for access to the Williams Lake Trail and Wheeler Peak Wilderness Area. When avalanche mitigation work is being performed in El Funko, ski patrol will close the new entrance of the Williams Lake Trail, allowing uphill traffic to access the El Funko egress. The ski area will be responsible for signage and communication, ensuring safe two-way travel on this trail.”
We fundamentally disagreed with this because it specifies a type of control of the “alternate” section of the WL/WP trail and does not address its inadequacies related to stock (horseback) and skinning/snowshoe access.
The first meeting went well as is reflected in this summary:
TSVI stated that the resort has no desire or intention to hinder (or prevent) public access to the historical wilderness trails. They offered clarification - “the resort cannot and has been the lead in taking proactive steps to protect access for perpetuity.” They explained this being the reason why the resort filed the easement to protect access and committed to providing the alternative access route with the Forest Service). However the inadequacies of the alternate trail and the inadequacies of the wording in the Winter Operation Plan were recognized.
We all acknowledged that Twining Road and the Williams Lake hikers lot are under control by the Village and will not be closed (less health and safety emergencies). The Forest Service indicated that the Wilderness trails (Williams Lake/Wheeler Peak Trail, and Bull of the Woods Trail) would not be closed to the public ever, and “Carson National Forest is amenable to considering a formalization of the historic WL/WP trail as an easement through the existing private lands.” TSVI agreed to include the private land owners in these considerations and request that they attend a subsequent meeting about establishing an easement for the historic trail.
All agreed that a proposed Gondola if approved would be only complementary to Twining Road Access and not replace or constrain road access to the Kachina Basin. But these perceptions, along with consistency in the Winter Operating Plan and what TSVI can control, need to be clearly understood and reflected accurately to the public. This is especially important as the proposed 2021 projects (yet to be approved by the CNF) are being considered and may have further potential to constrain backcountry access.
(As an aside, we raised concerns that should Gondola construction occur, as well as further development of Kachina Basin, that construction activities might restrict public access. We suggested that VTSV and TSVI consider an agreement with CNF that establishes construction activities should not restrict public access to Forest Users. Perhaps this may be something that can be included in conditional use permits.)
On Sep 5th, 2023, we met again with TSVI, CNF, and VTSV. The private land owners were not present.
We were prepared with the following information and requests:
We did some research into the Warrant Deed (August 10, 2020) and became concerned with the following language in Section B.4: “The Right to vacate and terminate and bar all pedestrian hiking passage upon all former locations of the WLT on Grantor’s subject land other than the above-described amended and relocated “WLT” Easements #2 and #3 areas granted hereby to Grantee.”
We asked to discuss this language and get a grasp on what it does and does not permit. Our read is that this wording and the whole of the deed may restrict winter and stock (horseback and cattle) access to Williams Lake and worse yet the historic trail could be blocked at anytime in the future by TSVI and/or the private property owners. We hoped to ensure that winter and stock access continue as they have historically. We felt that the immediate/temporary fix is via the Winter OPs Plan, but that the permanent fix is creating a new warranty deed to include a prescriptive easement for the ‘historic trail’ from the Phoenix along the private land to the beginning of the trail in the wilderness.
Some of our followers had also raised a concern: The 2018 TSV Plan calls for ‘revegetation and rehabilitation’ of historic trail. We have concerns that there could be future development in the riparian area and on the historical trail in these private properties.
In the meeting, we asked these points be considered:
1.) The language in warranty deed seems to imply winter and stock access on the historical trail can be barred at anytime? If so, we considered this unacceptable.
2.) Revised language in the Winter OPs plan that ensures Winter and stock access on historical trail. This could be a temporary positive concession for TSVI and CNF in eyes of the public.
3.) An additional warranty deed should preserve the easement over the historical trail through the private lands and include language regarding set-backs that prohibit building on land adjacent and on the historical trail and riparian area. This could be a tangible act of conservation and way to build community relations.
During the meeting and in email summaries that followed, John Kelly (TSVI) wanted to emphasize that
“some folks have a hard time trusting that there are “no plans” or intentions to restrict access. This is why it’s very important to reinforce to the larger group (all TMA Followers) that the Warranty Deed (for the new, alternate trail) ensures public access will not be restricted and will always be protected. Prior to the Ski Resort and The Carson working together to establish the Easement, there was nothing in place to provide that level of public access protection. We are in a better situation than we have ever been, where the Easement Deed protects public access permanently to back up the statement of “no plans” or intentions.”
We felt that this intention (while on the surface is appreciated) is in conflict with the clause in the Warranty Deed, and that there was no public benefit to winter users from a new, alternate trail. Considered within the context of the proposed 2021 TSVI “improvements”, it seems to us that the benefits and advantages of the new, alternate trail may also be about rerouting it into the Special Use Permit area for complimenting resort activities like the existing mountain biking, via ferrata, and proposed lift 4 trail system. We would have preferred that the trail change would have been made with better public input and a wider Forest Service consideration, and that all reasons for (or against) the move to abandon the historic trail be considered.
We all agreed in the meeting that the 'historic trail' is the only feasible and safe route for winter and stock travel. After the meeting and an exchange of emails, we came to these conclusions:
1.) TSVI (John Kelly) agreed to include improved language in the Winter Ops Plan: that travel along the historic WL/WP trail, that transitions private property to the East of the Lake Fork stream and enters the wilderness just to the West of the VTSV water tanks, can be used for winter and stock users. This will be accomplished by e-mail sometime in October because of the Winter Operation Plan deadline. (this changed…see below).
2.) TSVI being a corporation owned by the same person/corporation that owns the private properties transitioned by the historic WL/WP trail is asked to coordinate with TMA and CNF to provide an additional deed that creates a prescriptive easement for the historic trail. We hope, as agreed to, we can begin the plans for this deed (easement) for the historic trail with the private lands owners. We are told by John Kelly that the owners of these parcels have been looped in on our discussion and all the factors involved.
Our Taos Mountain Alliance intention and perspective is that having both requests accomplished would have multiple positive effects: preserving public forest access (and not constraining what existed prior to the alternate trail), creating a significant and tangible conservation act for TSVI and it's owner, and establish the importance of the working relationship between TMA/CNF/TSVI and consequential improved trust by the wider TMA followers and public who are watching this progress.
The next meeting will be in early November. Adam Ladell is moving on to work in Montana so there will be a Carson National Forest replacement representative. We hope that we hear positively that another easement can be deeded to preserve the historic trail.
Nov 9, 2023 Meeting:
Alyssa Rodriguez is the temporary CNF replacement for Adam LaDell. Prior to the meeting, she verified that the Agriculture Dept. of the USA could accept a new easement over the private lands near (or on) where the historic trail exists.
Steve Hoxie, TSVI came new to the meetings. He is Chief Operating Officer for TSVI
We came with a review of the history of this process from the TMA perspective and started the meeting with it. Following, we made it clear that we wanted an answer from the private land owner (TSV Holdings, TSVI, Mr. Bacon) about our request for a new easement to formally establish the historic WL/WP trail.
April 4, 2024 Meeting:
We had Darien Fernandez, of Taos Land Trust along to hear his proposal for establishing a conservation easement as a solution. Discussions also touched on whether the Pueblo should have representation at our meetings since TSVI was beginning to represent them in terms of how access to the Wilderness might threaten trespassing onto Pueblo land.
Discussions deteriorated because TSVI accused TMA of making disparaging comments and misrepresenting facts. We have other issues that began to be discussed: Water usage, “velvet ropes”, pricing locals out of skiing/riding at TSV, etc. Opinion articles written by some of our members offended TSVI. We were unwilling to stop any members from freely speaking about these other issues.
July 3, 2024 Meeting
We asked TSVI if there was an answer from the Land owner, Louis Bacon. John Kelly said “the land owner is not interested in providing such an easement at this time.”
We discussed the wording for the 23/24 Winter Operation Plan related to a temporary solution to the access problem. We agreed on wording that will describe how backcountry skiers and snowshoers can travel up and downhill along the historic trail. Stay tuned for the official word, but this travel will be “allowed” whenever the “conditions” or “closures” (of the alternate trail) require it - basically travel at your own discretion avoiding avalanche dangers on both sides of the canyon and it is not required to skin uphill on the alternate trail as it is recognized that it is not adequate. This remains an inadequate solution in our opinion.
At this last meeting, TSVI decided to discontinue their participation in TMA meetings with the Forest Service and the Village of TSV. We hope that this turns around and they come back to the table. In the meantime, Darien Fernandez of the Taos Land Trust is attempting to contact the landowner with a proposal for the conservation easement.
Ongoing:
The reason we will continue to champion the request for an easement for the historic trail is simple. It is the only adequate way to get to and from the backcountry, it is historic and established (and we believe the right thing to do is preserve it), and the Winter Operation Plan is only yearly and temporary. We don’t feel the public should have to rely on a yearly promise from TSVI that backcountry access will “not be restricted and will always be protected.”
Taos Mountain Alliance continues to meet with the Forest Service. Currently we are engaging them to understand the Final Decision regarding the proposed “Gondola and other” projects with a focus on ensuring that forest access -independent of the recreational activities controlled by the Resort in the SUP -is preserved.
Village of TSV Proposing to Change Hikers Lot Usage
There is a meeting of the Village Council March 21, 2025 to consider a new Ordinance related to prohibiting camping and constraining overnight parking. Details about this meeting can be found here.
This is the input we have provided the Forest Service and Village Administration:
March 17, 2025
To: Richard Bellis, Village Manager, VTSV
James Duran, Forest Supervisor, CNF
Amy Simms, District Ranger, CNF
Overnight Parking Input by TMA to VTSV and FS
This is input from Taos Mountain Alliance (TMA) prior to the next Village of Taos Ski Valley (VTSV) Council meeting which may consider restricting parking and camping in the VTSV HIker Lot. Because this issue is about public access to the forest wilderness above the Taos Ski Valley (TSV), we are sharing our opinion with the Forest Service.
It’s clear that the proposed action is based on a complex set of issues. Certainly some of which are Village residents concerned about traffic on the Twinning passage, stress on the Village for upkeep of the HIker Lot, and individuals or entities desiring to accommodate their development needs. We feel the second (2nd) through the sixth (6th) “WHEREAS” paragraphs in the proposed Ordinance are irrelevant and bogus reasons for implementation. The public who use the HIker Lot and travel the historic trail to the wilderness do so at their own risk, do not impose any inconvenience or safety issue to Village residents or staff, and have the right to do so freely.
The Wilderness around Williams Lake is forest that belongs to US citizens who have a right to access. The Forest Service is the steward of that access. The Village owns the Hiker lot that provides parking for citizens to enjoy the historic trail access to the Forest. Regardless of what influences come from the TSVI Resort developers or the Village property owners and residents, we feel VTSV should keep in mind its allegiance to the community and keep a focus on preserving these valuable access resources while ensuring that the public have its rightful say.
To that end, we request that VTSV administration cancel the consideration of this Ordinance until they can, along with (and championed) by the Forest Service, hold in person public forums to consider the main issues which are 1) improving the Twinning corridor, and 2) managing the maintenance and operation of the Hiker Lot. The public has due process and first amendment rights to speak out about any proposed action that affects citizen access to public lands.
Further opinion from TMA toward a workable solution:
While we have yet to get records regarding the history and formal intention of the Hiker Lot, we know it was given to the Village for its current use. Along with the historic Williams Lake hiking trail to which it connects, the Hiker lot and historic trail have been an iconic and well-established public resource for access to the Wilderness for many years. In order to camp (backpack, hunt, backcountry ski, etc.) in the wilderness, the public needs to be able to park in the Hiker Lot overnight. Also to execute a safe and successful ascent of Wheeler Peak people often camp in the Hiker Lot the night prior to departure in the early morning.
We appreciate that VTSV administration changed its position in the latest proposed Ordinance from “no camping or overnight camping allowed” to “permitted overnight parking allowed.” However, this would still impose a restriction on the public who want to sleep in their vehicles before embarking on a Wheeler ascent. We feel the proposed Ordinance would need to include allowing camping in vehicles. It is also an unacceptable constraint to require that an overnight permit require approval and processing from the VTSV. Closing the Hiker lot temporarily for a tangible reason is understandable, but a cumbersome process to obtain a permit is not. There is no reason that the public can’t easily register from a kiosk or on-line. We see the only aspect that the Village could control is the number of daily permits based on available parking spaces, and a limit to the number of overnights based on Forest Service rules for camping in the wilderness.
We understand VTSV administration has to balance the needs of its residents while conducting business to take care of land, infrastructure, and assets. But from our perspective it has lost sight of the fact that it is part of a wider community that includes the County, the Town, and citizens who come to enjoy their forest independent of the Resort. There are many actions that appear biased toward support of the Resort and its owner’s intended overdevelopment. There is an impression that VTSV business goes behind closed doors, circumvents the legislative process, and self-interest fuels the desire to make TSV exclusive. The VTSV administrator’s response to the Forest Service putting a constraint on the proposed gondola, and now this action, is widely viewed to be part of a plan to constrain or close public access into the upper Kachina Basin.
Thank you for taking our input, and we look forward to the possibility of helping with the resolution of these issues.
Taos Mountain Alliance
March 21, 2025
Due to the number of our members and our input, the VTSV Council decided (at the start of the meeting) to postpone the consideration of the proposed Parking Ordinance. We continue to stay in touch with the Village to understand the situation with the Hiker Lot, creative ways to solve problems with the Lot, and how to get the Forest Service and the Village to coordinate solving related problems of parking and accessing the Historic Williams Lake/Wheeler Peak Trail independent of the Resort control of an “Alternate Trail” within the SUP.
Stay Tuned