COSTILLA COUNTY CENTER OF ORIGIN

GMO-FREE ZONE OF PROTECTION

Proposed Additions to the Costilla County Land Use Code
(Code Sections to be specified)
Title and Policy.
Findings.
Definitions.
Prohibitions.
Exemptions.
Implementation.
Jurisdiction.
Enforcement and Remedies.
Severability
TITLE AND POLICY.
(a)

It is the intent and purpose of this land use regulation to:

(1)
(2)
(3)
(4)

establish a Center of Origin GMO-Free Zone of Protection in Costilla

County;
to protect Costilla Countys native plants, trees, and animals from
transgenic contamination by GE organisms;
to defend and promote the economic integrity of organic, traditional, and
other agricultural markets that are harmed by transgenic contamination by
GE organisms;
make it unlawful for any person to propagate, cultivate, raise, or grow
genetically engineered maize (Zea mays, corn) in Costilla County or
genetically engineered alfalfa plants within an overlay district to be
entitled, Culebra Center of Origin GMO-Free Overlay District with
boundaries that correspond strictly to District 24 of Colorado Water
Division 3 (see Maps 1 and 2 as appended below).

(b)
This Ordinance supports the Costilla County goals of protecting the health, safety,
and welfare of its citizens by preserving the genetic integrity of organic and traditional
agricultural crops including specifically several Center of Origin varieties of maize and
other land race crops unique to the Upper Rio Grande watershed and bioregion. It affirms
the Costilla County Land Use Code objective of protecting traditional acequia farms (as
outlined in 1.20 A(2) of the code),1 which have also been recognized under Colorado
state law (HOUSE BILL 09-1233, amending Chapter 168 of the Colorado Revised
Statutes) as constituting unique and invaluable cultural, historical, ecological, and

1

Also see Costilla County Comprehensive Plan at: Policy ENR-14 (p. 24), Policy ENR-16
and Policy ENR-17 (p. 25).

economic assets, and which are also valued as principal cultural and ecological features
of the Sangre de Cristo National Heritage Area. The ordinance also protects the economic
security and commercial value of county agricultural enterprises whose products stand to
be damaged, or diminished in value due to transgenic contamination from genetically
engineered crops. This ordinance is intended to follow existing Costilla Land Use Code
regulations establishing a priority for rapid environmental impact actions to protect the
economic and ecological values of our traditional acequia family farmers, and in this
context, their substantial native land race and heirloom seed stocks and plant varieties.
(c)
This Ordinance is added to the Costilla County Land Use Code as part of TO BE
DETERMINED BY PLANNING COMMISSION.
FINDINGS.
Costilla County finds that:
(a)
Genetically engineered crops and products are being developed with precipitous
speed, and have been introduced into the marketplace, often without the consumers
knowledge and before the potential risks and long term health and environmental effects
of these products have been adequately studied.
(b)
It is in the public interest to protect the health, safety, and welfare of its citizens
by protecting the economic welfare of organic, non-GMO conventional, and traditional
acequia farmers. Agricultural income remains a vital component of our local economy
and more than 21 and possibly as much as 32 percent of Costilla County income is
directly earned from the direct sale of farm produce and livestock. This includes sales of
beef cattle and sheep; row crops like fall potato and spring wheat; field crops like alfalfa;
specialized grains (maize, barley, canola); and some legumes (soybean, common bean).
Costilla County is the third largest producer of fall potato and fourth in alfalfa and hay
output among San Luis Valley counties. According to the USDA Agricultural Census for
2009, Costilla County in 2007 had crop sales of $22,840,000 and livestock sales of
$3,820,000. The same census shows that Costilla County sales of vegetables, melons,
potatoes, and sweet potatoes ranked 5th in the state in 2007 while sales of livestock
varied between 46th for beef cattle and 37th for sheep, goats and their products. Not
revealed by official agriculture statistics is the value of the ecosystem and economic base
services provided by the Countys traditional acequia farmers. One peer-reviewed study
estimated that Costilla County acequia farmers provide $9.4 million in agriculture
income, sales, and services; $4.7 million in artisan, subsistence, and amenity values; and
$6.5 million in soil and water conservation (Pea 2003:176). We currently estimate that
the short and longer term value of GMO-free native heirloom seed stocks developed by
Culebra watershed acequia farmers will contribute an additional $3-5 million in annual
economic, ecosystem, and amenity values to the local economy; as the GMO-free
branding of local acequia crops develops and is further marketed we can expect these
values to increase significantly; climate change will also make our acequia farmers
drought-resistant land race varieties immeasurably more valuable.

(c)
Costilla County recognizes that all citizens have the right to grow organic produce
and traditional heirloom varieties of maize and other land race crops, and residents have a
right to decide that the risks associated with cultivating genetically engineered crops are
unacceptable and to take action to prohibit such crops.
(d)
The traditional acequia farmers of the Culebra watershed are widely celebrated as
multigenerational seed savers and plant breeders; for over 170 years in place, they have
developed unique land race varieties of maize, including maz de concho (a native white
flint corn) used to produce chicos del horno and pozol. Chicos del horno are listed in the
Slow Food USA Ark of Taste as an endangered food and artisan production practice;
the land race varieties of local corn therefore constitute part of the North American
Center of Origin for native populations of maize. These local center of origin varieties
are known to possess several unique and invaluable genetic characteristics including:
adaptation to a very short growing season (with an average of 74 days from sowing to
harvesting); adaptation to diurnal temperature extremes; and resistance to the desiccating
effects of intense UV radiation at Costilla Countys high elevation. These land race
varieties thus constitute an important part of the in-situ and in-vivo conservation of the
plant genetic diversity of our countrys seed stocks, and as a northern extension of the
Mesoamerican Vavilov Center of Origin for Zea mays.
(e)
Transgenic contamination can and does occur as a result of cross-pollination,
comingling of conventional and genetically engineered seeds, accidental transfer by
animals or weather events, and other mechanisms. Transgenic contamination results in
genetically engineered crops growing where they are not intended. Transgenic
contamination from genetically engineered crops can contaminate the native land race,
conventional hybrid, organic, and heirloom plants and seed stocks of citizen farmers and
gardeners an effect widely documented by scientific studies and termed introgression
events. The traditional acequia and organic farmers of Costilla County (including those
within the boundaries of the Culebra Center of Origin GMO-Free Overlay District)
have a right to farm and to do so in a manner that eliminates the risks of introgression
posed by new transgenic technologies that will interfere with the use of their lands in the
manner to which they are historically and culturally accustomed.
(f)
The contamination of agricultural products with genetically engineered material
can have myriad significant impacts. Organic and many foreign markets prohibit
genetically engineered crops, and even a single event of transgenic contamination, can
and has resulted in significant economic harm when the contaminated crops are rejected
by buyers. Farmers and other parties who lose markets through no fault of their own as a
result of transgenic contamination may not find adequate legal recourse. Further,
contamination causes the loss of the fundamental right to choose, for the farmer and the
public, to sow crops that are not engineered.
(g)
Currently, no mechanisms exist to guarantee that transgenic contamination will
not occur.

(h)
The Colorado Department of Agriculture does not have an adequate regulatory
structure in place to monitor genetically engineered crops or to aid in the understanding
of the impacts of these crops on Costilla Countys agricultural economy or traditional
acequia farmers, most of whom are Mexican-origin and non-tribal indigenous ancestry
and thus a historically disadvantaged and now protected group. We therefore find this to
be a matter of environmental justice in due process and equal protection.
(i)
Planting genetically engineered crops is not reasonably associated with
agricultural production because transgenic contamination from windborne and insect
carried pollens from one farm can create significant economic harm to organic farmers
and to other farmers who choose to grow non-genetically engineered crops. This is
especially true of traditional acequia farmers who are seed savers and plant breeders of
various Center of Origin land race and introduced naturalized heirloom lines of corn,
bean, squash, fava, and other economically, culturally, and ecologically significant crops.
(j)
Planting genetically engineered maize is not commonly associated with
agriculture in Costilla County, nor will it become commonly or reasonably associated
with agriculture among certified organic farmers who use organic farm practices by
complying with USDA regulations and certifications, which explicitly ban the use of
genetically engineered organisms to acquire and maintain their organic certification. As
such, organic farm operations are not similar in nature to nonorganic farm operations
because they are controlled and regulated by specific rules not applied to others.
Therefore, farming practices that utilize genetically engineered organisms compromise
the welfare of the organic farmers who are citizens of Costilla County. The same applies
to traditional acequia farmers, many of whom cannot afford the costs associated with
USDA organic certification but who nevertheless play vital roles in the agricultural
economy as seed savers and plant breeders of original locally adapted varieties of corn,
bean, squash, and other economically, culturally, and ecologically significant crops.
(k)
The Obama Administration is promoting a co-existence policy in which growers
of organic, conventional non-GMO, and GMO crops are to find a way to co-exist. This
ordinance seeks to realize a more science-based alternative to this market-driven coexistence policy as a local land use matter by ensuring that traditional acequia farmers
have a property right to protect the genetic integrity of seed stocks for production, seed
saving, and plant breeding activities in a manner that eliminates the threat of
contamination or transgenic introgression events that alter the integrity of the genomes of
the native seed stocks. Co-existence is not possible given the widespread and proven
environmental impact of introgression events as a result of gene flow. The creation of
GMO-Free Protection Zones to preserve the integrity of land race gene pools in vital
Centers of Origin is a first step toward an alternative policy based on the extension of
equal protection to traditional acequia farmers and organic farmers.
(l)
Costilla County has the power to protect agricultural operations, including organic
and traditional agricultural operations, which are threatened by transgenic contamination
from genetically engineered crops.

(m)
For all of these reasons, the People of Costilla County find and declare that the
propagation, cultivation, raising, and growing of genetically engineered maize in Costilla
County and genetically engineered alfalfa plants within the Culebra Center of Origin
GMO-Free Overlay District threaten the health and welfare of our residents, organic,
non-GMO conventional, and traditional acequia farmers, and those residents who choose
to grow non-genetically engineered plants in their home kitchen gardens and milpas
(multi-crop row fields).
DEFINITIONS.
(a)
"Board of Commissioners" or "Board" means the Costilla County Board of
Commissioners.
(b)
Center of Origin means a distinct biogeographical region that is home to the
wild and intermediary ancestors of crops domesticated and diversified by indigenous
farmers over millennia and where the co-evolution of crops and wild ancestors persists as
a direct result of surviving indigenous cultural selection and agroecological practices that
contribute to the continued diversification of the land race crops.
(c)
Genetically engineered (GE) means produced from an organism or organisms in
which the genetic material has been changed through the application of:
(1)
In vitro nucleic acid techniques which include, but are not limited to,
recombinant deoxyribonucleic acid (DNA) or ribonucleic acid (RNA), direct
injection of nucleic acid into cells or organelles, encapsulation, gene deletion, and
doubling; or
(2)
Methods of fusing cells beyond the taxonomic family that overcome
natural physiological, reproductive, or recombination barriers, and that are not
techniques used in traditional breeding and selection such as conjugation,
transduction, and hybridization.
For purposes of this definition, in vitro nucleic acid techniques include, but are not
limited to, recombinant DNA or RNA techniques that use vector systems, and techniques
involving the direct introduction into the organisms of hereditary materials prepared
outside the organisms such as biolistics, microinjection, macro-injection, chemoporation,
electroporation, microencapsulation, and liposome fusion.
The terms GE (genetically engineered), GMO (genetically modified organism), and
Transgenic are used interchangeably in this text.
(d)
Land race means a crop that is native to the biogeographical center of its origin,
domestication, and diversification. The local variety of maize known as maz de concho
(a native white flint) is an example of a local land race.

(e)
Organism means any biological entity capable of replication, reproduction, or
transferal of genetic material.
(f)

Plants and crops are used interchangeably in this Ordinance.

(g)
Person means an individual, partnership, corporation, or organization of any
kind.
PROHIBITIONS.
(a)
It is a county violation for any person or entity to propagate, cultivate, raise, or
grow genetically engineered maize plants within Costilla County or genetically
engineered alfalfa plants within the Culebra Center of Origin GMO-Free Overlay
District.
(b)

Subsection (a) of this section does not apply to

(1)
state or federally licensed medical research institutions, medical
laboratories, or medical manufacturing facilities engaged in licensed medical
production, or medical research involving genetically engineered organisms,
provided that such activities are conducted under secure, enclosed indoor
laboratory conditions with the utmost precautions to prevent release of any part of
genetically engineered organisms, especially but not limited to pollen, to the
outside environment;
(2)
educational or scientific institutes, including but not limited to Colorado
State University Extension, working with genetically engineered organisms,
provided that such activities are conducted under secure, enclosed indoor
laboratory conditions with the utmost precautions to prevent release of any part of
genetically engineered organisms to the outside environment;
(3)
licensed health practitioners for the purposes of diagnosis, care, or
treatment to any human patient.
(4)
propagation, cultivation, raising, or growing of genetically engineered
plants on parcels less than 0.5 acres in size, only where the presence of genetically
engineered material is inadvertent and unintentional.
IMPLEMENTATION.

(a)
Upon enactment, existing genetically engineered maize plants within Costilla
County and genetically engineered alfalfa plants within the Culebra Center of Origin
GMO-Free Overlay District must be harvested, destroyed or removed within twelve (12)
months of enactment of this Ordinance.

(b)

Subsection (a) of this section does not apply to

(1)
the propagation, cultivation, raising, or growing of genetically engineered
organisms that are in mid-growth cycle when this Ordinance is enacted;
(2)
the cultivation of genetically engineered seeds in the growing cycle
immediately following enactment of this Ordinance that were purchased before
this Ordinance was enacted.
JURISDICTION.

The district court of the State of Colorado shall have jurisdiction for all violations
of this Ordinance.
ENFORCEMENT AND REMEDIES.
(a)
Costilla County may enforce this Ordinance in accordance with the Enforcement
procedures in Article 8 of the Land Use Code (Enforcement).
(b)
Any injured citizen of Costilla County may, after giving notice of the alleged
violation to the Costilla County Board of County Commissioners and the alleged violator
and subsequently waiting at least sixty days, bring an action to enjoin violation of this
ordinance in any court of competent jurisdiction.
(c)
In a citizen suit action, the court may award to a prevailing plaintiff reasonable
costs and attorneys fees incurred in investigating and prosecuting an action to enforce
this Ordinance. Such an award may not include monetary damages, but only fee and cost
recovery.
SEVERABILITY
The provisions of this Ordinance are severable. If any provision of this ordinance or its
application is held invalid, that invalidity shall not affect other provisions or applications
that can be given effect without the invalid provision or application.
==============

End of Ordinance ==============

APPENDICES
1. Map of Colorado Water Divisions and Districts
2. Map of Colorado Water Division 3 District 24 Boundaries
Confirm Boundaries of the Culebra Center of Origin
GMO-Free Overlay District

APPENDIX 1.
Map of Colorado Water Divisions and Districts

Colorado Map scale: 1:5,000,000

Individual District scale: 1:3,500,000

COLORADO BASINS
District
36
37
38
39
45
50
51
52
53
70
72

District
43
44
47
54
55
56
57
58

District Name
Blue River Basin
Eagle River Basin
Roaring Fork River Basin
Rifle / Elk / Parachute Creeks
Divide Creek
Muddy / Troublesome Creeks
Upper Colorado / Fraser Rivers
Piney / Cottonwood Creeks
Tribs. North of Colorado River
Roan Creek Basin
Lower Colorado River

COLORADO RIVER BASIN

White River Basin

Lower Yampa River
North Platte River Basin
Slater / Timberlake Creeks
Little Snake River
Green River Basin
Middle Yampa River
Upper Yampa River

54

55

36

Division 6
!
(
Steamboat Springs

38

80

Division 1

District

State Engineer's Office

!
( Denver

1
2
3
4
5
6
7
8

GUNNISON RIVER BASIN

Division 4
!
( Montrose

40

59

41
68

60

Division 7
Durango !
(

62

District

District Name

28
40
41
42
59
60
61
62
63
68
73

Tomichi Creek
North Fork / Tribs.
Lower Uncompahgre River
Lower Gunnison River
East River Basin
San Miguel River Basin
Paradox Creek
Upper Gunnison River
Dolores River Basin
Upper Uncompaghre River
Little Dolores River

State of Colorado
Department of Natural Resources
Division of Water Resources
Glenwood Springs, CO
Colorado River Basins
state river basins.mxd
March 16, 2005

!
(

28

61

49

23

!
( Greeley

(
Division 5 !
Glenwood Springs

42

65
2

STATE OF COLORADO RIVER BASINS

52
37

64

51

53

72

73

YAMPA / WHITE RIVER BASIN

43

45

63

SOUTH PLATTE RIVER BASIN

76
48

47
57 58

44

50

39
70

56

District Name

Division 2
Pueblo

District Name

District

South Platte: Greeley to Balzac

South Platte: Denver Gage to Greeley
Cache La Poudre River
Big Thompson River
St. Vrain Creek
Boulder Creek
Clear Creek
South Platte: Cheesman to Denver Gage

9
23
48
49
64
65
76
80

District Name
Bear Creek
Upper South Platte
Laramie River
Republican River
South Platte: Balzac to Stateline
Arikaree River
Sand Creek
North Fork of South Platte

ARKANSAS RIVER BASIN

Division 3
Alamosa
!
(

11

10
12

69

SAN JUAN / DOLORES RIVER BASIN

26
71

32

30
34

District

29
30
31
32
33
34
46
69
71
77
78

33

31

78

29

46

21
22

16

18
19

24

District

District Name

20
21
22
24
25
26
27
35

Rio Grande
Alamosa La Jara
Conejos River
Culebra Creek
San Luis Creek
Saguache Creek
Carnero Creek
Trinchera Creek

67

15
79

35

District Name
San Juan River Basin
Animas River Basin
Los Pinos River Basin
McElmo Creek Basin
La Plata River Basin
Mancos River Basin
Navajo Reservoir
Disappointment Creek Basin
West Dolores Creek / Tribs.
Navajo River Basin
Piedra River Basin

13

RIO GRANDE
RIVER BASIN

20

77

17

14
25

27

District
10
11
12
13
14
15
16

District Name
Fountain Creek
Arkansas: Headwaters to Salida
Arkansas: Salida to Portland
Wet Mountain Valley
Arkansas: Portland to Fowler
Saint Charles
Cucharas River

66
District
17
18
19
66
67
79

District Name
Arkansas: Fowler to Las Animas
Apishapa River
Purgatoire River
Cimarron River Basin
Arkansas: Las Animas to Stateline
Huerfano River

APPENDIX 2.
Map of Colorado Water Division 3
District 24 Boundaries Confirm Boundaries of the
Culebra Center of Origin GMO-Free Overlay District

Note: District 24, Division 3 corresponds to the southern half of Costilla County
from the Rito Seco drainage at 7-Mile Road (N) to the Cuates Creek drainage to
the New Mexico state-line (S), and from the ridge crest of the Culebra Mountains
(E) to the county-line at the Rio Grande (W). This includes the agricultural districts
of the acequias in San Luis, Chama, San Pablo, San Pedro, Los Fuertes, San
Francisco, and Viejo San Acacio as well as the center-pivot farms in New San
Acacio, Mesita, Jaroso, and Garcia. District 24 boundaries confirm the exclusion
zone for GMO alfalfa for purposes of the enforcement of this ordinance.
The District 24 boundaries were established in1879 and include eighty-three
acequias in the Rio Culebra Watershed currently in operation. These are the
oldest water rights decrees in Colorado and include the San Luis Peoples Ditch
(1852), San Pedro Ditch (1852), Montez Ditch (1853), Vallejos Ditch (1854), San
Acacio Ditch (1856), Cerro Ditch (1857), Francisco Sanchez Ditch (1858), Maestas
Ditch (1858), San Francisco Ditch (1860), Little Rock Ditch (1873), Torcido Ditch
(1874), and Abundo Martinez Ditch (1874).