Affairs continue to develop rapidly in the Colorado-New Mexico fire danger situations:

1. According to press reports, the attorneys general of New Mexico and Colorado have demanded the U.S. Forest Service immediately rescind its orders which shut down the Cumbres & Toltec Scenic Railroad on June 7. The Albuquerque Journal reports:

"The Forest Service may be liable for the railroad's lost revenue — currently totaling more than $800,000 — for illegally shutting down the 64-mile, narrow-gauge railroad linking Chama and Antonito, Colo., the attorneys general stated.... New Mexico Attorney General Patricia Madrid and Colorado Attorney General Ken Salazar each wrote last week to the forest supervisors of the Carson and Rio Grande national forests.

Their letters state the 1880s-era railroad, a national historic property jointly owned by New Mexico and Colorado, is not subject to any forest closure orders because it operates on a narrow strip of private property granted by Congress which predates both national forests.

The Carson and Rio Grande forests shut down the railroad because of fears the coal-burning, steam-powered locomotives would spark wildfires on their remote, mountainous route through both forests.

The nonprofit Rio Grande Railway Preservation Corp., which operates the railroad, announced Tuesday it is on the brink of financial collapse because of the closure. The corporation is seeking a federal restraining order to lift the closure, which already has forced the layoffs of 69 railroad employees.

The bistate commission which oversees railroad operations must approve the request to seek a restraining order in federal court. The commission executive director, Bob Johnson, couldn't be reached for comment Tuesday about when a meeting will be scheduled. "

2. Last night the Durango & Silverton announced that it was suspending train service up the Animas Canyon to Silverton, and shortening its run to the Hermosa area. The entire ROW from Durango to Hermosa is within yards of major maved roads, affording excellent access for fire suppression equipment above and byond the RR's own equipment and measures. Bus tours will be offered to Silverton as an interim measure.

D&S has taken this measure voluntarily; thus far the Animas National Forest has taken a much more consutlative position re. the D&S than the Carson and Rio Grand FS managers have taken re. the C&TS.

Even so, with a major wildfire burning in the north-east Durango suburbs and tempers running high in the community, D&S management has apparently decided that this is the better part of valor. They will be reevaluating the situation day to day and continuing to consult with the Animas forest maangers and other community leaders and stakeholders and reserve the right to reopen service to Silverton once they feel conditions allow.

eledbetter@rypn.org