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The Bennet-Hickenlooper Court: How 2 senators left their mark on Colorado’s federal bench | COVER STORY

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The Bennet-Hickenlooper Court: How 2 senators left their mark on Colorado’s federal bench | COVER STORY


One month before President-elect Joe Biden’s inauguration, Dana Remus, the incoming White House counsel, sent a letter to senators outlining the new administration’s philosophy for filling certain presidentially appointed roles, including federal trial judgeships.

“With respect to U.S. District Court positions,” she wrote, “we are particularly focused on nominating individuals whose legal experiences have been historically underrepresented on the federal bench, including those who are public defenders, civil rights and legal aid attorneys, and those who represent Americans in every walk of life.”

Colorado’s two Democratic U.S. senators, who, like their colleagues, play an outsize role in judicial nominations from their home state, said the Remus letter struck a chord.

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“I was very sympathetic to the memo in that I do think, historically, there has been a tendency to appoint lawyers that have served in large firms to federal judgeships,” recalled Sen. Michael Bennet. “But it’s not the only experience that’s valuable. I think that the Remus memo and the Biden administration’s approach gave all of us the chance to reconsider the scope of what an applicant pool would look like.”

“Anytime the White House tells me something, I take it seriously,” added Sen. John Hickenlooper. “So, I assumed it was very serious.”







Colorado Senators Bennet Hickenlooper

In this file photo, U.S. Sens. Michael Bennet, left, and John Hickenlooper, both Colorado Democrats, speak at an event on June 18, 2021, in Aurora.






The last three years have been transformative for Colorado’s federal district court, with Biden appointing five members to the seven-judge bench. In line with the Remus letter, many of the appointees touted underrepresented backgrounds: a workers’ rights attorney, a resident of the Western Slope and the first magistrate judge to be elevated to a district judgeship.

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In interviews with Colorado Politics, Bennet and Hickenlooper spoke about their role in filling vacancies after multiple Barack Obama and George W. Bush appointees, in rapid succession, announced they would take a form of retirement known as “senior status,” opening up seats for new judges. 

With no current or pending district judge vacancies for the first time in several years, Colorado is no longer a “judicial emergency” state with an exceedingly high ratio of cases to judges.

“Sens. Bennet and Hickenlooper continue to engage thoroughly and meaningfully with the White House and our committee to identify and support nominees to federal judgeships in Colorado,” said Senate Judiciary Committee Chair Dick Durbin, D-Ill. “Their work is paying off for Coloradans with five highly qualified, diverse judges confirmed to the District of Colorado under President Biden. I thank them for their partnership to help fill these vacancies.”







Charlotte Sweeney with Michael Bennet and John Hickenlooper

U.S. Sens. Michael Bennet and John Hickenlooper pose with U.S. District Court Judge Charlotte N. Sweeney at her ceremonial swearing-in in October 2022. Photo courtesy of Hickenlooper’s office.

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Getting down to work

As of mid-April, the Biden administration has won confirmation for more than 190 judges. Progressives, however, have raised concerns about a lopsided aspect of the appointments. While states with two Democratic senators have generally made quick work of addressing vacancies — including filling seven out of seven seats on the Seattle-based trial court with Biden appointees — the majority of outstanding vacancies are from states with at least one GOP senator. 

District court vacancies still require senators to return “blue slips,” which effectively give them individual veto power over nominees from their home states. Bennet agreed in principle with the idea that senators, “in a functional system,” should have substantial input on judicial nominees. He called the Remus letter a “delicate dance” between the executive and legislative branches of government.

“I don’t think they felt like they were gonna overrule the prerogatives of the senators and the senators weren’t gonna overrule the prerogatives of the Biden administration,” he said. “I wouldn’t say they were insistent on enforcing the message of the letter. I think they were clear that that was the priority.”







Michael Bennet Senate

In this file photo, U.S. Sen. Michael Bennet, D-Colo., arrives for the vote to confirm former Los Angeles Mayor Eric Garcetti as the next ambassador to India at the Capitol in Washington on March 15, 2023. 

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Hickenlooper, who defeated Republican Sen. Cory Gardner in 2020 and joined the Senate at the outset of the Biden administration, had been involved in judicial selection for almost two decades. As Denver’s mayor, he had the responsibility of selecting Denver County Court judges and then appointed scores of trial and appellate judges during his eight years as Colorado’s governor.

“It’s funny. So, my first appointment was a county judge as mayor of Denver,” he said. “At that time, my chief of staff was Michael Bennet.”

Hickenlooper said his goal has been to appoint the best possible candidates, while also taking time to ensure diversity in the candidate pool. Upon joining Bennet in the Senate, Hickenlooper suggested refreshing the membership of an advisory committee Bennet had used to screen judicial candidates previously.

“I wanted to have a couple people there that I knew well and trusted their opinions within my sense of priorities,” he said.

The committee, whose members had varying degrees of experience with the district court, worked to screen applicants and forward candidates to the senators. Although the first appointee, Regina M. Rodriguez, did not go through the regular committee process, the members engaged with the next four vacancies that arose over the course of two years. In doing so, the committee discussed the Remus letter.

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“The directive was to look for candidates who met the directives from the White House. That was important and that was a factor when we were looking at candidates, that we honored that,” said April Jones, the committee’s co-chair. “Not followed it, but it was in our minds.”

Although some Democrats viewed Biden’s presidency as an opportunity to “rebalance” the federal judiciary after the Trump administration’s installment of 234 judges in just four years, Colorado’s senators and the leaders of their advisory committee distanced themselves from the idea that putting progressives on the bench locally was a priority.

“I was motivated to fill the vacancies that occurred because justice delayed is justice denied and I really believe that,” Bennet said.

“I think we were in some way balancing the court just because in a lot of our appointments, there weren’t people with similar backgrounds on the bench,” said Hickenlooper. “But there was never politics. Again, we didn’t ask about how you stand on a woman’s right to choose or how do you stand on issues around how to deal with protesters.”



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042823-cp-news-Hickenlooper_13.jpg

U.S. Sen. John Hickenlooper says he’s been surprised how work in the Senate has aligned with his strengths. 







‘The door is now open’: Charlotte Sweeney officially sworn in to history-making judgeship

Diversity in mind

Bennet, a former editor-in-chief of the Yale Law Journal who joined the Senate in 2009, helped confirm four judges to Colorado’s district court under the Obama and Trump administrations. All were men. In contrast, the first three appointments under Biden were all women.

“We were being intentional about getting women on the court,” he said. “And we were intentional about trying to diversify the court, both in terms of experience and in terms of perspective.”

Bennet added the senators were similarly intentional about recommending magistrate judges, who are hired by the district court to assist with the workload and handle many of the same tasks as their presidentially appointed counterparts. Until the Biden administration, no magistrate judge in Colorado had ever been confirmed to a district judgeship.

“The magistrates were applying regularly to become district court judges and they were getting shut out. And the people in the bar, both inside the court and outside the court, said to me, ‘Look, that’s valuable experience these guys have and you’re losing it by not having magistrate judges,’” Bennet said. “Now, we have three.”

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One of the magistrate judges confirmed last year, Gordon P. Gallagher, worked out of Grand Junction. During Gallagher’s Senate confirmation hearing, Bennet touted the geographic diversity Gallagher would bring to the trial court, whose district judges were all stationed in Denver. Shortly after Gallagher’s confirmation, the court announced Gallagher would remain on the Western Slope as the first district judge to ever sit outside of Denver.

Asked whether he recommended Gallagher for a judgeship with the hope Gallagher would remain in Grand Junction, Bennet said yes.







Gordon Gallagher 2 (copy)

U.S. Magistrate Judge Gordon P. Gallagher appears before the U.S. Senate Committee on the Judiciary on Dec. 13, 2022 for his confirmation hearing.

Colorado Politics file

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‘More than a symbol’: Western Slope’s Gordon Gallagher ceremonially sworn in to federal judgeship

Hickenlooper maintained the objective in the selection process was to recommend “the best person.” At the same time, he acknowledged the demographic needs of the court were evident.

“We were certainly aware there had been a significant lapse since a woman had been appointed from Colorado. But that didn’t mean we were gonna compromise our standards,” he said.

Hickenlooper said he and Bennet shared the job of getting support in the Senate for Colorado’s judicial nominees and determining what features of a candidate’s background might cause concern with which senators. As a first-term senator, though, Hickenlooper said he sometimes used judicial nominations as an inroad to forming relationships to advance other policy issues.

“By starting and doing judicial appointments right off the bat, it helps us break the ice with not just Democrats, but Republicans, as well, and helps us on things like making sure that we had bipartisan support to keep Space Command in Colorado,” he said. “Space Command doesn’t have anything to do with judicial appointments, but building relationships with other senators is relative to everything that’s important.”

The familiar face

Although the majority of the nominees kept relatively low profiles, two candidates attracted scrutiny from opposite ends of the political spectrum.

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During Obama’s last year in office, then-Senate Majority Leader Mitch McConnell, R-Ky., famously blocked the president from filling a Supreme Court vacancy and shifting the court leftward. But the Senate also declined to act on other nominations — including Rodriguez, who had the backing of Bennet and Gardner to become a trial judge.

At the outset of the Biden administration five years later, the president faced an immediate vacancy on Colorado’s district court.

“I was very familiar with the way Gina Rodriguez was left high and dry in the process that we had gone through,” Bennet said. He and Hickenlooper turned to their advisory committee to ask what members thought about renaming Rodriguez as the sole candidate for the seat — despite the Remus letter’s request that senators provide at least three finalists to the White House.







Regina Rodriguez Senate Biden Judges

In this file photo, Regina M. Rodriguez, nominee to be U.S. District Judge for the District of Colorado, testifies during her Senate Judiciary Committee confirmation hearing in Dirksen Senate Office Building in Washington, D.C., on Wednesday, April 28, 2021. Rodriguez was confirmed to the bench by the full Senate on Tuesday, June 8, 2021.

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“We didn’t feel the need to redo the process, given how robust it was sending her name up before,” recalled Michelle Lucero, co-chair of the committee. “And it was fairly close in time. … The nice thing about her is that she had bipartisan support from, at that time, Sen. Gardner within the state. So, we felt pretty comfortable.”

Rodriguez’s nomination generated complaints from progressives who noted Rodriguez, as a corporate attorney, did not fit the Remus letter’s request for judges from underrepresented backgrounds.

“Why Is Michael Bennet Defying Joe Biden’s Call for Non-Corporate Judges?” asked an article in The American Prospect.

Still, notwithstanding their knowledge of the Remus letter, the committee gave the senators a thumbs-up on Rodriguez.

“Not only did they think she would be an excellent judge, but I think they thought she had taken a real beating in the process before,” said Bennet. “Maybe I shouldn’t say ‘real beating.’ She had taken a long time in the process. And they thought it was appropriate that she’d go first.”

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Biden included Rodriguez in his first batch of judicial nominations and she wound up being confirmed by the largest margin of any Biden appointee in Colorado: 72-28.


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The gaffe

Biden’s most recent appointee, S. Kato Crews, was confirmed in January by a narrow 51-48 vote. Crews had been a magistrate judge for five years and, like other nominees, came with a roster of home state endorsements, including from Justice Monica M. Márquez of the Colorado Supreme Court.

But at Crews’ confirmation hearing in March 2023, he flubbed a question from Sen. John Kennedy, R-La. about Brady v. Maryland, the U.S. Supreme Court case requiring prosecutors to disclose certain evidence favorable to defendants.

“Do you know what a Brady motion is?” Kennedy asked. Crews, in the moment, did not immediately recall.

Lawyers who practice in Colorado’s federal courts were largely unbothered by the memory lapse. But Crews generated social media criticism and McConnell, speaking on the Senate floor, pointed to him as a nominee “not on track to get bipartisan support.”

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“I had conversations with Republican colleagues,” said Bennet about Crews’ nomination. “It’s not surprising to me that that could be a difficult moment, and I thought Judge Crews’ entire record needed to be considered here.”

“With Judge Crews,” added Hickenlooper, “because he misunderstood the question around the Brady motion, that was very easy for me to talk about with other senators because I didn’t know exactly what the Brady motion was.”

As a non-attorney — and someone with his own history of making eyebrow-raising comments publicly — Hickenlooper said he was able to make the case to colleagues that Crews’ flub was understandable.

“Pretty much everyone agreed: That sounds like a misunderstanding that certainly shouldn’t be something that in any way would disqualify him from being appointed,” Hickenlooper said. “You know, those are the type of conversations by which you change people’s opinions.”

The Senate confirmed Crews 11 months after his nomination, the longest gap of any Biden appointee in Colorado. Two Republicans voted in favor.  Asked whether they had any serious concerns Crews would need to withdraw his nomination, Bennet and Hickenlooper immediately responded: No.

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U.S. Magistrate Judge S. Kato Crews

U.S. Magistrate Judge S. Kato Crews testifies at his confirmation hearing to be a district court judge on March 22, 2023.



Into the lull

Colorado’s district court bench is likely stable for the foreseeable future. The only member eligible to take senior status, George W. Bush appointee Philip A. Brimmer, has two years left in his term as chief judge. Bennet said he usually receives a heads-up from judges who have decided to step down, but Brimmer has not indicated he will do so.


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The gap between vacancies also gives an opportunity for legal groups in Colorado to think about their engagement with the process of nominating federal judges. Although bar associations are routinely involved with appointments of state judges, they had to adjust to Bennet and Hickenlooper’s system.

“Because federal judicial vacancies are so rare, APABA’s judicial nominations committee does not have a defined process for weighing in as we do for state judicial vacancies,” said Christine Lyman and Kevin Chen, co-chairs of the judicial nominations committee for the Asian Pacific American Bar Association of Colorado. They added that their association sent endorsement letters to the senators’ advisory committee and the White House on behalf of certain candidates, and also wrote a letter of support for Crews to the Senate Judiciary Committee at his request.

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Amber R. Gonzales, president of the Colorado Hispanic Bar Association, added that the group endorsed multiple candidates and was disappointed the judicial nominees did not include more Latino lawyers. However, Gonzales said, the bar association would continue to build a more robust pipeline to the bench and “regrow a lot of those (political) connections, especially outside of just the core legal community.”

Apart from the public and private advocacy on behalf of Colorado’s judicial nominees, Hickenlooper disclosed another factor that, in his view, made the process unfold smoothly.

“What also helps Colorado is the fact that Michael Bennet is recognized as a consummate, someone who really understands the law at a deep level,” Hickenlooper said. “So, when he and I are both going out there to make sure we get enough votes to confirm any of these appointments, my voice carries a little more authority because he’s my senior senator.”





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Colorado

The Arkansas River’s Big Timbers region reflects a complex history of Western expansion, Indigenous displacement

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The Arkansas River’s Big Timbers region reflects a complex history of Western expansion, Indigenous displacement


A view of the Big Timbers grounds used by the Cheyenne and Arapaho tribes, and participants in American westward expansion, to camp along the Arkansas River during the mid 1800s at the site of Bent’s New Fort (Mike Sweeney, Special to The Colorado Sun)

A view of the Big Timbers grounds used by the Cheyenne and Arapaho, as well as traders, trappers and the U.S. military, to camp along the Arkansas River during the mid 1800s at the site of Bent’s New Fort (Mike Sweeney, Special to The Colorado Sun)

In late October, leaves still cling to cottonwoods that shade stretches of the Arkansas River, while the wind through their branches barely whispers the story of the landscape once known as Big Timbers.

These sturdy, intermittent groves and the mostly shallow water flowing past them mark the playground of Jake Rogers’ youth. This is where he and his buddies fished, fought Airsoft battles, hung out on a hunting stand high amid the twisted trunks and camped on land where his family still farms alfalfa and leases grazing pasture. 

But for Rogers, now the 28-year-old curator of the Big Timbers Museum in this city of nearly 8,000, the river’s meandering ribbon ties together its more recent significance — as an engine for agriculture and, gradually, recreation — with a complicated history of westward expansion and native displacement from the water’s once heavily timbered banks that extended more than 60 miles west toward La Junta.

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The Indigenous story of this region has largely disappeared with those people. Still, residents along the Lower Arkansas continally evaluate their own relationship to the river and its surroundings as part of Colorado’s living history.

This story first appeared in
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Land that once thrilled Rogers’ younger self with discoveries like a beaver pond or bleached cattle bones on grazing land south of the river that was once Mexico now carries a deeper meaning. His education has been complicated by the clash of cultures that not only removed the region’s earlier inhabitants, but in the process also changed the natural environment that has nurtured his love for the landscape.

Perhaps ironically, the land where Rogers’ family eventually settled once belonged to George Bent, the son of 19th-century trader and entrepreneur William Bent and his wife Owl Woman, daughter of a Cheyenne chief. It was the last of 29 sections given to mixed-blood relatives of prominent white men by treaty in the wake of the Sand Creek Massacre. 

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The museum stands on parcel No. 26. And in one corner of the main exhibit area, Rogers points to the original stone marker denoting parcel No. 29.

“My folks’ family farm is actually on that piece of land,” he says. “Their folks came out here during the Great Depression, and I’m not sure when they acquired the land out there, but yeah, that’s where I grew up gallivanting.”

Claims along the river

The top map shows claims awarded by treaty in 1865 to the children of the earliest white settlers and their Native American wives. The breakout map shows the location of those claims in and around Lamar. The current Big Timbers Museum sits on claim No. 26, while the family of the museum’s curator settled in the 1930s on claim No. 29. (Adapted from General Land Office map of State of Colorado, 1934. Download a full-sized PDF with more information here.)

Source: U.S. Department of the Interior/U.S. Geological Survey

List of claimants
  1. Join Poisal
  2. Virginia Fitzpatrick
  3. Andrew Jackson Fitspatrick
  4. Winsor, alias of M. Winsor, daughter of Tow-e-nah, wife of A.T. Winsor
  5. William Keith
  6. Francis Keith
  7. Robert Poisal
  8. Mrs. Margert Wilmarth
  9. John Sickles
  10. William Bent Moore
  11. William Gilpin Smith
  12. Armama Smith
  13. Julia Bent
  14. Amache Prowers
  15. Rosa Guerier
  16. Edmund Guerier
  17. Mary J., alias of Josephine Keith
  18. Adia, alias of Addia M. Moore
  19. Mary Prowers
  20. Margaret Sickles
  21. Minnie Sickles
  22. Charles Bent
  23. Mary Bent Moore, alias Mary Moore
  24. Miss Margaret Pepperdin
  25. Mrs. Matilda Pepperdin
  26. Julia Guerrier
  27. Mrs. Mary Keith
  28. None
  29. George Bent

Caro Hedge, the researcher who works with Rogers at the Big Timbers Museum, pores over old maps that portray the many faceted history of the area — whose precise definition can be a moving target.

“So the thing about Big Timbers is, if you ask somebody how long it was, you’ll get a different answer every time,” Hedge says. “Because if you go back to 1820 it was about 70 miles long and pretty much solid cottonwood trees on both sides of the river.”

Eventually, the Santa Fe Trail brought increased activity along the Arkansas, from traders and trappers to gold-rush hopefuls, while native tribes still used Big Timbers primarily in the winter. The actual wooded area began to shrink. 

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For example, when his source of firewood in the immediate area became depleted (and at the urging of his Cheyenne trading partners) William Bent moved his original fort — the historic site known as Bent’s Old Fort, a key commercial hub — several miles to the east.

“So at that point,” Hedge explains, “Big Timbers starts becoming just these swaths of timber separated by empty spots as land got put into use and cleared for roads and everything. People say, ‘How big is Big Timbers?’ And you’ll get all sorts of answers, depending on what year it was.”

Throughout his life, Rogers’ sensitivity to an environment so laden with lore — from Indigenous tribes to Spanish and Mexican possession to the arrival of white traders, trappers and, eventually, settlers — triggered conversations with his parents and grandparents “just talking about why things are the way they are here.”

An 1819 treaty with Spain designated the Arkansas River the border between U.S. territory and Spanish holdings, and later Mexico after it won independence in 1821, until the Treaty of Guadalupe Hidalgo in 1848. That marked the end of the Mexican-American war and brought most of present-day Colorado into the expanding United States. 

But when his family bought adjacent land just south of the river, Rogers could stand on those banks an imagine a time when he would have been across the border in another country.

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What Rogers learned about the Native American perspective in school revolved mostly around the 1864 Sand Creek Massacre, which essentially began at Fort Lyon, formerly known as Bent’s New Fort, where troops from the 1st and 3rd Cavalry, led by Col. John Chivington, rode nearly 40 miles north to slaughter more than 230 mostly elders, women and children. 

Jake Rogers, curator of Big Timbers Museum, grew up on his family’s farm that’s bisected by the Arkansas River and was once part of the area in Prowers County known as Big Timbers. While cottonwood trees (seen in the framed 1910 photo) and native grasses still grow there, they lack the stature and numbers from the turn of the 20th century. (Mike Sweeney, Special to The Colorado Sun)

“In school, we spent maybe a week learning about it,” Rogers says. “But for the most part, my education was pursued afterward, and independently so. It was a pretty significant shift for me, because you learn how their way of life was deliberately deconstructed — basically, through westward expansion and Manifest Destiny.”

Another lesson he learned — and lived — came as a student at Lamar High School, where the school’s nickname, the Savages, was challenged for its disparaging depiction of Native American culture and finally succumbed to a state law banning most such mascots.

“In school, I absolutely took pride in the mascot,” says Rogers, who graduated in 2012. “I got caught up in the school spirit. As I grew older, I learned that it’s tough to justify that kind of a name.”

But what initially caught his attention about the region’s historical narrative — and kept it — was the array of plant life that native tribes cultivated in the area. Chief among these, in his observation, was dogbane, also called Indian hemp, that grows along the river and some of the creeks and was used to make cordage for clothing and netting, among other things. Also, he has noticed native plums have become rare, as have native grapes, early food sources managed by native people that began to disappear with displacement of the tribes. 

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And of course the trees. For the early white travelers, they provided shelter and fuel, but the soft wood was useless for replacing wagon axles or oxen yokes. Many Indigenous people regarded the cottonwood as a source of medicine and food for their horses, as well as a medium for carving spiritual artifacts.

Clusters of cottonwoods, many of good size, remain here and there along the Arkansas — although they no longer include the behemoths that inspired people to pose for photos amid improbably thick trunks. But they were plenty good for backyard camping trips, when Rogers and his scouting buddies could lie beneath them and imagine their 19th-century heyday.

As an adult, his appreciation gained depth and perspective, and piecing together the ecological and cultural history of his home turf became a hobby. He earned his associate of arts degree at Lamar Community College and then last year heard that the Big Timbers Museum was hiring an assistant. He landed the job, which “ended up being kind of an apprenticeship” as the museum’s curator prepared to step back.

Over these last few years, his understanding of the expansive history of the land and the river’s lifegiving thread has grown beyond childhood awe and led him to consider revisiting his education, perhaps through a lens of biology and history. It has certainly informed his vision of what the museum can impart to the community.

“I walked through those cottonwood forests,” Rogers says. “Most of my reverence for this place is definitely the kind of nature, the wilderness that exists here — the small, little sliver. I would like more people to realize that there are natural spaces here, out on the prairie, out in no-man’s-land, that are worth preserving and worth recognizing.”

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map visualization

An enduring native connection

Growing up, Chris Tall Bear would listen as the elders sat in a teepee or tribal ceremony recounting historical or cultural events. Sometimes, they would talk about a place of renewal. Of abundance. A sacred landscape.

The 54-year-old Southern Cheyenne descendant of survivors of the Sand Creek Massacre, a traditional chief and member of the Council of Forty-four, lives in Oklahoma. But he remembers trips to Colorado to visit his dad and hearing history handed down through the generations about the place known as Big Timbers. 

Chris Tall Bear is a member of the Southern Cheyenne Tribe who lives in Norman, Oklahoma. He is a descendant of survivors of the 1864 Sand Creek Massacre. (Courtesy of Chris Tall Bear)

“His grandfather would tell him they would move into the trees and that river was always going,” Tall Bear recounts. “It would give them water. They always had firewood. It was abundant. And just being there with your people, you know, it was a time when we were strong.” 

Also powerful is the connection to a place he never lived, but where distant relatives on both sides of his family survived the massacre, and lived through events that displaced them to Oklahoma. There’s a sense of belonging to the Big Timbers region, yes, “but I feel like it is that whole area,” Tall Bear says.

“You’ve got to keep in mind back in 1865 a lot of these man-made boundaries were not in place, they were just areas, regions that were significant,” he adds. “Sand Creek, the whole ancestral area in general where they were wronged, that cultural patrimony, you might say, ties us to the land and the connection that the river played — the sacredness of those rivers and those waters.”

The river also served at some points in history as a tribal boundary, notes Fred Mosqueda, an outreach specialist and Southern Arapaho tribal historian and Sand Creek descendant.

“The Arkansas River was actually one of the points that the government used as a boundary for us, for the Cheyenne-Arapahoes,” he says. “They said that our area was between the Platte and the Arkansas.” 

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The trees also held meaning. Sun Dance lodges, sites of the dayslong ceremonial rituals practiced by Plains tribes, were built out of cottonwoods, which conferred them sacred status. 

Tall Bear compares the connection to the once-forested banks of the Arkansas River to the one the Cheyenne also feel visiting Bear Butte in the Black Hills of South Dakota, where belief holds that the prophet Sweet Medicine received a sacred covenant. 

“It’s still very, very sacred, and it’s one of those places that, once you step on that ground, it just feels like you’re home,” Tall Bear says. “I just cannot describe how good it feels. It’s restoring. It’s spiritual. It’s healing.”

Returning to the tribe’s Colorado territory, he adds, inspires similar feelings.

“There’s a sad history,” he says, “but it’s also a place of healing and coming to terms with the old and the future as well.”

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He recalls driving through the region with his dad to harvest teepee poles from National Forest land near Gunnison and reflecting on the history of their people, “having honest conversations about how it feels to us as Cheyenne, what that area represents.” 

“It’s the profoundness of distance, of freedom in the area,” Tall Bear explains. “It’s our medicines that we harvest — earth paints, mineral paints that are in the ground, resources that we needed when we had our renewal ceremonies that helped us with holistic healing. We’ve lost some of that knowledge.”

It was his father’s feeling that a return to the area can be restorative — a sense that Tall Bear shares.

“I’ve got a lot of hope that we’re going to reclaim that institutional knowledge,” he says. “It’s still there. It’s still in that region, it’s very much alive. We’ve just got to go back and look carefully for it and listen.”

Cottonwoods dot the landscape near the Arkansas River on the Rogers family farm near Lamar in the area of Prowers County once known as Big Timbers. While cottonwood trees and native grasses still grow there, they lack the stature and numbers from the turn of the 20th century. (Mike Sweeney, Special to The Colorado Sun)

An expansive history of tribal inhabitants

For centuries, tribal population of the area was diverse and complex.

Into the 1700s, Big Timbers represented the heart of an extensive Comanche trading center, boosted by the tribe’s entry into the horse trade and their shift from hunting on foot to hunting on horseback. They became the early military and economic power of the Great Plains, notes Jared Orsi, a Colorado State University professor and former state historian.

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In the mid-18th century they began operating from the Big Timbers area and expanding a commercial network that stretched all the way to St. Louis and New Orleans, then under French control. Into the early 19th century, Big Timbers was a Comanche stronghold that attracted trading partners from hundreds of miles in every direction.

“The Cheyenne or Arapaho get there a little bit later and for them, the area is similarly important, environmentally and ecologically,” Orsi adds. “There’s tons of space on the Plains, but only a few spots are good for supporting human welfare. So having access to those resources is absolutely critical.”

Orsi notes that the Plains tribes were skilled at knowing how to travel north and south, away from the rivers, when necessary. But for European newcomers who didn’t have those skills, moving east to west along the rivers proved essential. And so, in addition to being good stopping places seasonally, rivers tended to be preferred travel routes.

Some historians cast the resulting conflict with westward expansion as essentially a contest for scarce resources that could meet human needs on a large scale. 

“Bent puts his forts on the Arkansas River because this is the place where everybody comes,” Orsi says. “Everybody’s got to travel there. Everybody who wants to move about and camp seasonally has to come through there. And so the first American trading enterprises occur along the rivers, places like Big Timbers.”

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Additionally, much of the early American settlement in the area revolved around ranching, especially after the Civil War, as reliable irrigation wouldn’t arrive until later that century. A rancher could claim a stretch of land along the river and graze cattle for miles. 

Removing people who were competing for spaces along the rivers was necessary in order to make this economic model work, Orsi says, leading to “an ecological contest between settlers and native peoples, both of whom have lifestyles and economies that depend on having access to a small number of vital places.”

Significantly, the U.S. military presence along the Santa Fe Trail, which follows the Arkansas through the region, increased markedly between 1859 and 1865. That included the site of Bent’s New Fort, which the Army folded into nearby Fort Wise and then, in 1862, renamed Fort Lyon. It was from there that Chivington’s forces struck out in November of 1986 to attack the Cheyenne and Arapaho encampment at Sand Creek, leaving an invisible thread from the river that would tragically tie the tribes to the land long after they were displaced.

“It’s the darkest chapter in Colorado history, as far as I’m concerned,” says Sam Bock, a public historian and exhibit developer at History Colorado. “This happened at the height of the Civil War, before the Battle of Gettysburg, and the massacre was so horrifying and such a breach of military conduct that amidst the horrors of the Civil War, people are already dealing with this sense of all these atrocities.”

Land for native relatives

Almost a year after the attack at Sand Creek, the Treaty of the Little Arkansas officially proclaimed the events a massacre and promised reparations to survivors. Efforts to claim reparations continue to this day, but so far have been unable to clear legal hurdles. A privately funded study last year sought to quantify losses of life and land among 10 tribal nations that called Colorado home and foster renewed discussions about reparations with the state.

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But the treaty’s promise of a quarter-section of land — 160 acres — to widows and orphans of the massacre never materialized. Still, more than two dozen people did come away with sections of riverfront property.

“There was another section in this treaty that gave full sections of land along the Arkansas on the northern bank to the sons and daughters of prominent white men in the area who had Indian wives and children,” says Hedge, the Big Timbers Museum researcher. 

Caro Hedge is a longtime researcher at Big Timbers Museum in Lamar. The museum was named for the huge stands of cottonwoods which once extended eastward and westward along the Arkansas River. (Mike Sweeney, Special to The Colorado Sun)

For instance, in addition to section No. 29, where the museum curator Rogers’ family eventually settled, John Prowers, the local county’s namesake, ended up with one of the sections because his wife, Amache — for whom the World War II-era Japanese American incarceration camp would be named — received section No. 14. All told, the parcels ran to Lamar from well west of present-day Rocky Ford.

“Most of them got collected up and made into some of the first major ranches in the area,” Hedge says. “But these did end up, technically, in Native American hands. They’ve all been sold and resold.”

In 1867, the Medicine Lodge Creek Treaty — actually a series of agreements among the U.S. and several Plains tribes — moved Southern Cheyenne and Arapaho people from Colorado onto an Oklahoma reservation. The succession of treaties was one mechanism in a plan designed to avoid costly military campaigns by removing tribes from the wave of westward expansion.

“The defeat of the native population of Colorado was partly military, but if you look at things like the Sand Creek Massacre, they were not decisive military battles,” says Orsi, the CSU professor. “They did not hamstring the ability of the Cheyenne or the Arapaho to engage in military activities and defend their land. The deepest reason for the ultimate surrender of the lands in 1867 was because their way of life, their economy, was no longer feasible.”

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He puts it in these terms: Think of the native economy as mobile and expansive, in terms of land, and needing the ability to travel long distances — following the bison herds, for instance. That model ran headlong into the American strategy of using land not extensively, but intensively. Think of farmers and ranchers establishing ownership of parcels, then squeezing from those as much profit as they could.

“Those two ways of using land — intensively and extensively, communally versus privately — they can’t coexist,” Orsi says. “And so in order to impose this kind of economy of gridded small plots of land with unique owners, the United States government and the Colorado government needed to expel the peoples who wanted to use land globally and extensively.” 

The Arkansas River bisects the Rogers Family farm near Lamar in the area of Prowers County once known as Big Timbers. While cottonwood trees and native grasses still grow there, they lack the stature and numbers from the turn of the 20th century due in part to agricultural and water management practices as well as the introduction of invasive plant species. (Mike Sweeney, Special to The Colorado Sun)

The river remains a constant

On a recent afternoon, John Carson, whose diminutive stature and bushy moustache conjure the image of his great-grandfather, the controversial soldier and frontiersman Kit Carson, hikes to the top of a windswept bluff where a modest stone marker stands on the site where Bent’s New Fort once stood.

Below, the Arkansas River weaves its way eastward to Lamar through prairie land punctuated with cottonwood groves, lacing together pieces of a landscape that reflects the contradictions inherent in America’s westward expansion. 

William Bent moved his original trading post here in 1853 and leased it in 1860 to the Army —  which, having built Fort Wise nearby on lower ground by the river, used Bent’s stone structure to house a commissary as well as an Indian Agency office. A year later, in perhaps an early foreshadowing of modern historical backtracking, Virginia Gov. Henry Wise, the post’s namesake, led his state’s secession from the Union, prompting the Army to rename the post Fort Lyon, after the first U.S. general killed in the Civil War.

Carson knows all this and much more by rote. He spent 25 years teaching at the high school and college levels, and years more working at the Bent’s Old Fort National Historic Site and participating in reenactments in the area. His expertise won him honors from the Colorado Tourism Board.

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He dates his desire to teach history back to the sixth grade. And now, at 69, he can stand on the ground his noted forebearer traveled, probably dozens of times over a career that included a roughly nine-month stint working as a hunter for the Bents in the 1840s. A Colorado town and county both bear his name, but he also carries a mixed legacy: hero frontiersman, villainous instrument of Indigenous displacement.

Historian John Carson, great-grandson of frontiersman Kit Carson, explains the strategic benefits of William Bent’s decision to build a trading post near the Cheyenne and Arapaho camping ground Big Timbers along Arkansas River in the 1850s near what’s now the town of Wiley — about 10 miles west of Lamar — in this Oct. 20, 2025 photo. (Mike Sweeney, Special to The Colorado Sun)

So John Carson probably understands the nuances of the Big Timbers landscape a little differently than most.

“You can actually visualize Bent’s trading cabin he had down there on the bottom,” he says, referring to the now-private land by the river. “You can visualize the tribes coming in and setting up their winter camps, the horse herds, the buffalo, deer, antelope, coming down to the river for water. But for me, it’s a way — probably the only way today — to see, at least in your mind, what happened historically at the site.”

Carson also can imagine Chivington leaving this very spot with his troops on a 10-hour march to Sand Creek. The morally conflicting narratives of the past still live in the Big Timbers.

“There’s always dark spots in our history,” he says, “and that’s definitely one of them. There’s nothing we can do today to change what happened. We can learn from it, we can improve on it. But what happened, happened, and we just have to admit that sometimes human beings do bad stuff.”

Down below, in real time, the river moves on.

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“It’s a constant in this part of the state,” Carson says. “The animals depended on it, the tribes depended on it, the farmers depended on it. The towns today depend on it. And as long as we don’t mess it up too awful bad, it’ll be what the future generations depend on.”



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Medicaid spending in Colorado is unsustainable, Gov. Jared Polis says

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Medicaid spending in Colorado is unsustainable, Gov. Jared Polis says


Gov. Jared Polis released his budget request for next year, and Medicaid will take a big hit. The governor says the health insurance program for low-income Coloradans is growing at nearly twice the rate of the state government overall.

Colorado Gov. Jared Polis 

CBS

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Polis says, if the state doesn’t slow the rate of growth, the program will crowd out everything but funding for schools in the next few years.

In the state, 1.2 million Coloradans rely on Medicaid. The governor says none of them will lose coverage, but what that coverage looks like will change. 

“There’s two levers on Medicaid,” Polis said during a press conference. “One is how many people you cover, and two is what you cover.”

Polis’ budget request hones in on what services Medicaid covers.

“There have been a number of benefits that have been added in recent years,” Polis continued. “Some of those are not sustainable over time.” 

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Polis’ budget would require prior authorization for more services, more cost sharing and new payment caps. 

“For instance, whereas dental benefits for adults was at $1,500 and then was uncapped, Polis said. “We are saying don’t go back to $1,500, but go back to a $3,000 annual cap.”

The governor says Medicaid is growing by nearly 9% each year, double the rate of spending on other parts of government. He says it’s unsustainable. 

“The increases in Medicaid costs would crowd out essentially everything the state does,” Polis said. “We would largely just fund schools and do Medicaid — no money for roads, no money for public safety.”

According to the Colorado Department of Health Care Policy and Financing (HCPF), long-term care for older Coloradans and those with disabilities is driving the increase in costs. HCPF says it makes up about 5% of Medicaid enrollment but accounts for about half of all claims.

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The state spends about $16 billion each year on Medicaid, which was projected to grow by $630 million this year. Polis’ budget provides about half that $300 million.

Polis also increases spending on K-12 schools by $276 million, universal preschool $14 million, and public safety by $10 million, while limiting higher education tuition increases to 2.6%.

Additionally, the governor set aside $8 million to $12 million to increase the number of civil commitment beds after CBS Colorado reporting on dangerous offenders with mental health issues being released. 

“We are holding money for a supplemental in this area and working with law enforcement and legislators on the policy and hope that we can bring that forward in January or sooner,” Polis said. 

The governor cut funding for 12 of the 17 state departments, saving about $25 million in all. Public safety saw the biggest increase — about $11 million.

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Polis’ total budget adds up to nearly $51 billion, which is about a 6% increase over last year’s budget. Of that amount, $19 billion is the general fund, which is what lawmakers have most control over and where funding for Medicaid and K-12 schools originates.

The governor’s budget is a starting point. The Joint Budget Committee will make changes to it and send its budget to the Colorado House and Senate. They will make more changes before the final budget goes to the governor for his signature.

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Colorado congressional members speak ahead of SNAP deadline, open enrollment

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Colorado congressional members speak ahead of SNAP deadline, open enrollment


DENVER (KDVR) — Open enrollment season kicks off in just a couple of days. SNAP benefits are set to run out at the same time on Nov. 1.

Some leaders on Capitol Hill say Americans should prepare to be sticker-shocked by an increase in premiums. This is all coming with no deal on healthcare subsidies as Congress remains shut down.

Open enrollment begins with no deal on healthcare

We heard from both Democrats and Republicans representing Coloradans on Capitol Hill.
They have different thoughts about how we got to this point and what could happen next.

“This is going to impact everybody, even if you are on an employer-sponsored healthcare. That’s why we need to fix this,” said Congressman Jason Crow, a Democrat representing the state’s 6th Congressional District. “House Speaker Mike Johnson has closed the House of Representatives. He has not convened Congress for about a month now. So that prohibits our ability to negotiate, to debate, to discuss the path forward. So they actually just need to reopen negotiations, reopen the Congress and in the case of the President, he needs to come back to the United States so we can strike a deal.”

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Democrats in Congress are sounding the alarm ahead of open enrollment. Some people getting their insurance through the open market are already seeing cost projections ahead of November 1st, like Mike, a retiree from Littleton.

“I could finally afford to retire early, knowing I would still have healthcare. My plan through Cigna today costs $936 a month. Thanks to the ACA tax credits, I only pay $141. Without that subsidy, it would be completely unaffordable. It’s a game changer for me and millions of others,” Mike said.

The state estimates 225,000 Coloradans rely on the subsidies, saying they are set to average an increase of 101% statewide. Some members of Congress say there will be a trickle-down impact.

“When people see that shocking number, far too many are going to choose to opt out and that puts us all in a vulnerable position and especially them. The skyrocketing cost will hit all of us. They will be able to adjust, but we need action now. We need leadership in Washington to care about working families,” said Congresswoman Brittany Pettersen, a Democrat representing Colorado’s 7th Congressional District.

Some Colorado Republicans in Congress are standing firm against the subsidies, saying they need reform before they can approve them.

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“These subsidies that democrats are talking about are going to illegal immigrants. If we want to get the cost of healthcare down in Colorado, we have to stop paying for illegal immigrants. We have to stop being a sanctuary city and state, and we have to cut the red tape and regulations in Colorado that is strangling our economy to include healthcare,” said Congressman Gabe Evans, a Republican representing Colorado’s 8th Congressional District.

It’s important to note that those subsidies are only available to people in the nation lawfully.
They expire at the end of the year.

SNAP benefits set to run out on Saturday

With the federal government still shut down, SNAP benefits will halt for families across the nation. So how is Colorado going to handle it? Can there be a compromise or even a lawsuit that can stop it? While some continue to urge the federal government to act, the state of Colorado moved ahead with its plan to help cover for it.

Democratic members of the House Committee on Agriculture joined Colorado Congressman Joe Neguse on Wednesday in urging the Trump Administration to use $5 billion in contingency funding for food assistance.

“The Trump Administration has made a conscious decision to, and deliberate choice, to suspend snap benefits,” said Congressman Neguse, a Democrat representing Colorado’s second congressional district. “Over five billion dollars available today that could be used. That must be used under the law so that hungry families don’t starve.”

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President Donald Trump and Speaker of the U.S. House Mike Johnson have said those funds cannot be used to cover the benefits.

“There was a memo that went out, basically saying that those contingency funds are supposed to be used in an emergency. That’s normally a natural disaster or something like that, not a government shutdown. So I think them talking and Speaker Johnson has talked about this and Trump has, basically saying this isn’t an emergency,” said Michael Fields, FOX31 political analyst and Republican strategist.

The calls from Congress come after Colorado Attorney General Phil Weiser joined more than 20 other states in suing the USDA Secretary over the suspension of the benefits, marking the 40th time the state has sued the Trump administration. Fields said he does not think the administration will act on the emergency relief or lawsuit.

“I don’t think that it’s good policy. It’s not going to work. The fact that we are suing the federal government 40 times, I don’t think, is something that we should be celebrating, given the fact that this is all taxpayer money that we are talking about,” Fields said. “So I don’t think they are going to win this case. I think Phil Weiser should be putting pressure on Senator Hickenlooper and Senator Bennet to vote to reopen the government.”

The state’s Joint Budget Committee approved the use of $10 million in state funding to help offset the loss of SNAP dollars. JBC members said the funds go to food banks and pantries in the state to help meet demand, as the state cannot issue SNAP benefits.

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