The plan is jarring for the development's opponents, who thought an earlier judge's decision closed the book on the development.
While dry summers aren’t new, a winter and spring with little snow and rain have pushed parts of the state to get drier, faster.
Currently more than 80 percent of the state is in some form of drought.
"It's a very challenging fire, I'll be honest with you, with all the wind changes," said incident commander Shane Greer.
US 160 remains closed between Fort Garland and La Veta due to fire activity along the highway.
The Federal Emergency Management Agency said Thursday the U.S. government would help pay the state's cost for fighting the fire.
The fire, which was reported early Wednesday, is zero percent contained.
In Colorado, nine have already joined in the action and more than a dozen cities and counties say they’re considering the move.
While the black market problem is often assumed to be connected to recreational legalization, it is more closely associated with the 2000's Amendment 20 for medical marijuana.