Los Angeles Times - 07.08.2019

LATIMES.COM WSCE WEDNESDAY, AUGUST 7, 2019A

THE NATION

DURANGO, Colo. —
Cres Fleming got the call
shortly after his neighbor
spotted smoke.
He jumped into a pickup
that had been converted
into a water tanker and
plowed through waist-high
weeds to the railroad tracks.
“It took two minutes and
24 seconds,” he said. “I timed
it.”
When he reached the
scene, flames were rushing
up the hillside.
Fleming is a 74-year-old
retired chemist, not a fire-
man. But he’s been dousing
spot fires near his house for
nearly two decades. This one
was different.
His water hose was too
short, the winds too high.
The June 1, 2018, fire went
on to torch 54,000 acres,
making it the sixth-largest
wildfire in Colorado history.
After the blaze was con-
tained nearly two months
later, heavy rains triggered
floods in the burn areas,
damaging homes and busi-
nesses.
Now the federal govern-
ment and others are point-
ing the finger at a local icon
— the Durango & Silverton
Narrow Gauge Railroad,
which carries hundreds of
thousands of passengers a
year through the San Juan
Mountains.
Claiming cinders from
the coal-fired, steam loco-
motive ignited brush along
the tracks during a time of
heightened fire restrictions,
the U.S. attorney’s office
filed a suit against the train’s
owners last month seeking
$25 million to cover the cost

of putting out the fire. An-

other two dozen or so citi-

zens and businesses are also

suing for damage to their

properties.

Nobody wants the train

to go out of business, but

many fear the suits could

drive the railroad into bank-

ruptcy, destroying a historic

landmark and badly damag-

ing the local economy.

Allen Harper, who owns

the train, declined to com-

ment. An attorney for the

railroad, Dick Waltz, said he

could not talk about pend-

ing litigation.

“The responsible deci-

sion of train management

would have been to not run

the train in those super-dry

conditions,” said Thomas

Henderson, a Denver lawyer

whose firm is representing

individuals and businesses

suing the train. “The train

has started fires for years

that the feds have had to put

out. They should not get a

free pass simply because

they are big player in town.

That’s not how democracy

works.”

The train has run be-

tween Durango and Silver-

ton since 1882, offering stun-

ning alpine views and spe-

cialty trips. And while fish-

ing, skiing and the ancient

cliff dwellings at nearby

Mesa Verde are major tour-

ist draws, the train is argu-

ably the region’s chief econo-

mic powerhouse.

“The train’s impact is

huge,” said Jack Llewellyn,

executive director of the Du-

rango Chamber of Com-

merce. “We have about

200,000 riders a year, and

that brings in about $

million in economic impact

to the region annually.”

Few businesses are as

tied to the railroad as the

historic Strater Hotel, built

in 1887. Roderick Barker’s

family has owned it for 93

years, and he figures at least

50 to 60% of his guests ride

the train.

“The train is the lifeblood

of this whole town,” he said.

“If it were to fail it would cer-

tainly be one of the most sig-

nificant things to happen in

the history of Durango.”

He believes the train

caused the fire and needs to

change its operations. But

given its contribution to the

economy, he questions why

any local business would sue

the railroad.

Geoffrey Schlittgen,

owner of the Westerly RV

Park, lost a substantial part

of his summer business be-

cause of the fire.

“If I started a fire here I’d

be held responsible and

probably lose my business,”

he said. “I don’t want the

train to go out of business

and I don’t think it will go out

of business. But they need to

take responsibility for their

decisions.”

The deep communal ties

to the train and its possible

role in the fire have made life

awkward for some here.

Bobby Duthie, an attor-

ney, grew up in Durango.

The train whistle woke him

each morning. He’s ridden it

more than 50 times. Now he’s

working with Henderson in

representing those suing the

train. “I was initially reluc-

tant to get involved because

I love the train. But I also

know that their decision to

run it that day was reckless,”

he said, sitting in his down-

town office. “They had

started fires on the tracks

the month before and it was

just a matter of time until it

got out of control.”

According to the federal

lawsuit, the wildfire, dubbed

the 416 fire, began on

Shalona Hill where the

grade is steep. As the train

climbed, it cast off sparks

and cinders. A metal screen

on the smokestack caught

many but not all.

Kristi Nelson’s home es-

caped the fire but suffered

major damage in the mud-

slides. “They took 23 dump-

truck loads of mud from my

property,” she said. “It was

devastating. I still have a

mortgage on top of $116,

worth of damages. Let’s say I

don’t want to do this work.

Can I sell it?”

She says people have

urged her not to ruin the

train. That stings for the for-

mer vice president of sales

and marketing for the rail-

road.

“It is with a heavy heart

that I entered into this law-

suit because I love the train,”

she said. “But if I crashed my

car into the train depot they

would expect my insurance

to pay. The train’s insurance

should do the same.”

For its part, the railway

has purchased two diesel-

powered locomotives with

less chance of causing fires

and is making improve-

ments to its tracks.

Cres Fleming welcomes

anything that will reduce

wildfires.

A self-described train fa-

natic, he lives in the wooded

Meadowridge subdivision

near the railroad tracks.

Railroad crossing lights

adorn his driveway. A ca-

boose and vintage rail car

stand nearby. His home has

a “train room” jammed with

lanterns, uniforms, bells,

brass locks, milepost mark-

ers and wooden signs.

“A lot of railroad people

are mad at me for saying the

train caused the fire,” he

said. In fact, he said, the

train routinely ignites fires.

“On the morning of the

fire I got there at 9:51 or

9:52ish. It took me about two

minutes to get the pump on-

line,” he said. “I dragged the

hose up here and shot the

water. But the hose was

about 20 feet short.”

“If I arrived two minutes

earlier I think I could have

put it out,” he said. “I still

think about it today.”

Kelly is a special

correspondent.

A railroad, a town and a wildfire

Residents reluctantly

sue a historic and

beloved Colorado

train for damages.

By David Kelly

THE DURANGO & SILVERTONNarrow Gauge Railroad carries hundreds of thousands of passengers

a year through the San Juan Mountains. The train is arguably the region’s chief economic powerhouse.

David KellyFor The Times

ARAMCOis ratedExcelent

Rated 9 out of 10

877-579-

CALL US FOR DETAILS

AND GET STARTED TODAY!

6

IMPROVEMENTS

TO THE

REVERSE

MORTGAGE

NEW

NEW OPTIONS INCLUDE:

Choose your monthly payments OR make no mortgage payments at all.**

1. No closing costs*


2. Access to more cash


3. No mortgage insurance (Non-FHA)
   4. Maximum loan amounts close to $5 million
   5. FHA condo approval no longer required (Non-FHA)
   6. Use it to purchase a home

DRE license #01853626 NMLS #

*Not all borrowers qualify. Rates are subject to change and products and lending options may change without notice.

**Not all borrowers qualify. Borrowers have to pay for the counseling fee, property taxes and home owners insurance. Some borrowers may not qualify for this option based on

their home value and loan amount. This material is not from HUD or FHA and has not been approved by HUD or a government agency.