General Land Office (GLO) Commissioner Jerry Patterson has proposed leasing the 9,269-acre Christmas Mountains tract to the Property Owners of Terlingua Ranch, Inc. (POATRI) at $10 a year for a five-year period. Patterson told the Gazette the lease was, at this stage, a draft, and as such, “it may change, with good suggestions possible.”

The GLO manages the Christmas Mountains on behalf of the Texas Permanent School Fund.

Patterson made the draft lease known at a Board of Directors workshop of POATRI on July 25, where he said the lease was, “subject to change, a starting document, we’re not in a hurry.”

Unrelated to the GLO proposal, several days after Patterson made the proposed lease public, the Board of Directors of the Ranch, in an executive session, voted to close the Ranch’s lodge operations indefinitely as of Sept. 2, which will include the cabins, restaurant, RV Park, laundry facilities, and pool.

“The Board of Directors decided to make cuts across the entire operation in order to help ensure our meeting our commitments through the end of the year” wrote Terlingua Ranch General Manager Alida Lorio. “This includes a temporary closing of the lodge facility...with the exception of water sales. There will be more information posted on the web site shortly. The resort staff has been put on a temporary layoff status. No one quit. In fact they were extremely supportive of the move, although losing your job even temporarily is certainly no fun.”

Seven lodge employees, four full-time and three part-time, will be laid off, and others, including office staff, will have reduced hours, according to Lorio.

Road maintenance, perhaps the Ranch’s most valued responsibility to the majority of property owners, will necessarily be affected as well since, as Lorio clarified, “Positions that have become vacant through attrition will not be filled in the short term. Response time will lengthen and major repairs that require use of outside resources will be negatively affected.”

President of the Board Liz Demetri offered this explanation for the move: “Once it became clear that POATRI would not have the funds to meet the 2008 budget because the [new Ter. Ranch Maintenance Agreement] failed, the Board’s duty was to do what was in the best interest of POATRI. Accordingly, temporary corrective options were discussed in executive session to protect confidences, minimize negative perceptions and to avoid the dissemination of misinformation.”

When asked how this will affect POATRI’s ability to consider the Christmas Mountains lease, Lorio responded “Although the lease is a bit low on the priority list right now it is still under consideration by the Board. Since we do not consider the lodge closing to be permanent there is no reason to not continue discussion with the GLO for the present.”

If  the lease is consummated, the Christmas Mountains would be open to the public and members of POATRI for recreation.

In recent years, access to the Christmas Mountains has been limited to members of The Christmas Mountains Association, a group consisting mostly of adjoining property owners. This spring, the GLO cancelled that lease. Patterson told the workshop attendees the lease was cancelled because he realized the land office was charging TCMA for something it could better provide: access.

During a question and answer period at the July 25th meeting, after Patterson introduced the proposed lease, Ranch property owner Jane Brewster asked Patterson if the issue of road access to the public had been settled. Patterson responded that he did not know. Like a moth to a flame, controversy and the Christmas Mountains were again paired in discord. Attorney for POATRI Rudy Cano interjected that the matter of road access was before a District Court in Alpine and could not be discussed. Unsatisfied, Brewster pressed Patterson about the wisdom of even drafting a lease if such an important issue remained unsettled.

Diffusing tension with humor, Patterson responded, “I’m not an attorney, although I did sleep with one last night. My wife’s an attorney.” In humor Patterson continued, “I’m shocked and amazed there’s controversy out here.”

Patterson offered to return the $10 lease fee if there were any problems.

Property owner Tom Alex expressed concern about potential liability. What if a visitor to the tract broke a leg? What if a visitor started a campfire that got out of control and crossed over to private property? Patterson responded that under the proposed lease, future visitors would come to Terlingua Ranch Lodge to register for access to the Christmas Mountains and sign a release of liability.

With the lodge now closed it remains unclear how any registration would take place. The earliest the Terlingua Ranch board will consider the matter is October.

In an email, Alida Lorio, General Manager of Terlingua Ranch, wrote “There is obviously the advantage of potential increased use and revenues for the Lodge itself, which benefits the owners by reducing the amount of assessments they may have to contribute to the upkeep of the facility. There is also the benefit of all TR owners having access to the [Christmas Mountains] rather than the limited number allowed during the term of the TCMA.” Lorio insists the lodge closure is temporary.

Under the terms of the draft lease, POATRI would be limited to using the property for recreation defined as “low impact, non-invasive uses including fishing, horseback riding, hiking, camping, birding, photography and like-kind or related uses, but not hunting.”

Any hunting would be administered by the state, reserving “the right to authorize a limited number of individuals or associations to use the Premises for hunting purposes.”

The state would also reserve the right to determine the number of individuals or associations authorized to hunt and all hunting would be in accordance with existing state law. However, while reserving the right to limit the number of hunters, the proposed lease does not define what those numbers are.

Hunting would be limited to “the use of bows and arrows, black powder muzzle loaders, and shotguns.” During an interview with the Gazette, Patterson said, “The primary reason I’m doing this is to make this a special place, to make this unique for hunting.”

Patterson added there are plenty of places to hunt for mule deer and acknowledged this would not be high on hunter’s lists but that the Christmas Mountains had “beaucoup number of quail” on it, prime for hunting. Patterson does not, he said, envision high numbers of people using the property but wanted the option to be available, “this is primarily about an appropriate level of access.” When asked about potential liability Patterson said people would be required to sign a release and take personal responsibility adding “a play on words: caveat emptor, caveat hikeor.”

The GLO has been unsuccessful in auctioning the Christmas Mountains despite three attempts.

The February 2006 auction was cancelled at the request of the Conservation Fund, the group that donated the property to the state. At the time the GLO maintained it had a fiduciary responsibility to the Permanent School Fund and should sell the property to raise funds for it. In 2005, Jim Suydam, press secretary at the GLO told the Gazette “We can’t make money off the property so we are ‘moving’ it. We are responsible to make money for the state land fund, and need to sell it.”

The October 2007 auction was cancelled due to mapping errors in the bid package offered by the GLO.

By November 2007, the sale had become an imbroglio that garnered national attention. Preservationists wanted the property to become part of Big Bend National Park or a state park. Patterson raised his objections to NPS’ prohibition of guns. One day before the GLO was scheduled to award the property in the third auction, Patterson postponed the bid acceptance and announced the GLO would allow the National Park Service 90 days to submit a management plan.

In February of this year the School Land Board voted unanimously to reject the two private bids, leaving the GLO only with the NPS proposal. After the board rejected the bids, one of the bidders who requested anonymity told the Gazette it was unlikely he would again bid for the property. While still on the table, the NPS proposal has languished since.

During the meeting on the 25th, Patterson reiterated his reluctance to having the Christmas Mountains become part of Big Bend National Park. Patterson said for the NPS to acquire the tract, he insists that firearms must be allowed, hunting not prohibited, public access addressed and mineral rights must conform to Texas state law, not federal or NPS laws and regulations. “Frankly we can provide equal or better access than the NPS,” said Patterson.

For more information about Terlingua Ranch, click on “Terlingua Ranch” under “Regional Links” on this website.


ABOVE: Texas General Land Office Commissioner Jerry Patterson atop the Christmas Mountains. Patterson described the view from this peak as one of the best in the Big Bend. Under a recently proposed lease with Terlingua Ranch, hikers and other recreational users would have access to the peak from Terlingua Ranch. The earliest the Board of Directors of the ranch may consider the matter is October. (File photo by John Waters.)


ABOVE: Terlingua Ranch office and other lodge facilities in basin adjacent to the Christmas Mountains (in background). (File photo by Marlys Hersey)

Under the articles of incorporation filed in 1976, Terlingua Ranch would consist of any property, “which Terramar Corporation has been, or shall be, the owner of record of title…”

In May, 1970 the Christmas Mountains deed of trust passed from the Christmas Mountains Land and Cattle Company to Great Western Land, which later had a corporate name change to Terramar Corporation.

Alida Lorio of Terlingua Ranch confirmed that the property was part of the original Terlingua Ranch Maintenance Association saying, “The portion of the Christmas Mountains currently owned by the Texas School Fund are included in the deeds listed on Exhibit A of the original Terlingua Ranch Maintenance Association. It would seem that fact that alone would make them part of Terlingua Ranch.”

As such, the owner of the Christmas Mountains, the Texas Permanent School Fund, is afforded the same rights as other property owners including road access.

While the issue of public access to Terlingua Ranch roads is before a court in Alpine, the point would be moot in the case of the Christmas Mountains and the owner, the state, would have road access.