Local Buyers Step Forward as Arkansas River Farms Seeks Release From 1041 Rules
~Anne Boswell
Arkansas River Farms drew an unusually large attendance Tuesday at a 1041 hearing in Bent County, asking to be released from regulations that would allow them to sell.
ARF's company representatives were there along with attorneys, experts, and other consultants to present it to Bent County Commissioners. The community was there to listen.
Under the deal, Arkansas River Farms stated they would sell off previously purchased, and sometimes dried up farmland to local residents for agribusiness purposes. The interested parties were there to stand before the board, and community to explain why they wanted to buy some of the land Arkansas River Farms would be selling. Each also stated they would use the land for ag purposes only and would revegetate the land the best they could under the circumstances. ARF also agreed to reinvest money in the county at $250 per acre for the 3,700 acres they were offering to sell.
The stipulations would be that the potential local buyers would use the land for:
Grazing
Cover crops
Dryland Farming
Livestock Production
Arkansas River Farms still has a responsibility under a 1041 agreement and would like to release that to the buyers.
Bent County Rancher Dan Rirezza came to the mic in the hearing to state he was interested in buying land and said he would have no plans to develop it, but rather just use it for his cattle operation.
Others standing up to state interest in buying some land included George Pendleton and Scarlet Johnson.
Legal counsel for Bent County stated some recommendations and consultant Gerry Knapp explained that in order for the permit certification to be complete, at a farm would need to meet 90 percent of the requirements.
Now, a little background, Arkansas River Farms, ARF, applied for the 1041 in 2018 to dry up Bent County farmland and agreed to terms and conditions for economic mitigation of the impacts of drying up the farmland. There was a ten year period for the applicants to put the land back into production through dryland farming/and or revegetation. Arkansas River Farms, if meeting those requirements, would be offered a certification of completion. If conditions weren't met, they would be reviewed before issued a certification of completion. Since nine years have passed, the Authority determined that economic mitigation terms have been met and one farm was released to the County's road and bridge department.
In August of 2026, several Bent County residents have given letters of intent wanting to purchase some of the 3,700 acres that Arkansas River Farms is currently holding. There are standards the Permit Authority would require one of which that revegetation would be needed on the land.
Bent County Commissioner Phil Hemphill asked how this would be beneficial when some of the land isn't yet revegetated, that grazing wouldn't yet be possible. Hemphill wanted the applicants interested in buying the land for that purpose to answer. George Pendleton answered that getting cattle on the land would be beneficial and could've been this year to let them graze early. He further explained that the cattle could be pulled off to allow the natural vegetation to flourish after. Prairie Dog issues could also be addressed.
Dan Direzza said they would have to eliminate prairie dogs and as it would be their land, they would want to take care of it properly to allow good production for their operation.
The Bent County Commissioners, after hearing from residents and Arkansas River Farms officials decided to continue the hearing and put it on the November 12th regular Board of Commissioner agenda.
(history)
The last time a 1041 hearing convened, you might remember, was last year.
Arkansas River Farms asked Bent County to amend its 1041 permit so that AV Farms, LP would assume responsibility for the permit conditions associated with Farm No. 1 and Farm No. 27, including operation and revegetation requirements.
At the May 29, 2025, hearing, company representative Karl Nyquist said the request concerned changing the names on the permit and that AV Farms would be responsible for revegetation. The discussion included the proposed change in the financial assurance supporting those obligations.
At the July 3, 2025, meeting, commissioners rejected the request. According to the meeting minutes, the board identified three compliance concerns:
Failure to make a required annual payment by March 1, 2025.
Failure to submit an irrigation contingency plan required during the five-year review.
Failure to satisfy another requirement imposed during that review, with a deadline attached.
The commissioners concluded that the applicant had not demonstrated that AV Farms could and would comply with the permit conditions.
(related content with Arkansas River Farms in Bent County)
(past stories with Arkanas River Farms, LLC https://www.coloradonewsyourway.com/post/denied-bent-county-commissioners-reject-a-request-by-av-farms)
(a short video version of this story is available here on social media)
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