This engine was purchased from the RGS by Boulder resident and historian Dr. J.B. Schoolland in 1952.
Money was raised in coffee cans and mayonaise jars all over town so people could contribute to it's acquisition. Enough money was raised that there were suffificent funds to also purchase coach #280 from the D&RGW.
Although Dr. Schoolland's investment and committment to purchase the equipment was covered by contributions, it was he who convinced the City of Boulder to assume ownership.
Eventually, the equipment was designated to be included under the City's Parks & Recreation department. There is an advisory board which is involved in decisions related to management and maintenance of the train, and in recent years, Jason's group has some official status as guardians of the equipment at the discretion of the Advisory Board. In the 80's, until I left Boulder, that distinction was held by me, and other volunteers.
The Parks & Recreation Director is technically responsible for the equipment from the City's perspective, and it would be the City Attorney who would have to be involved in any contractual relationship with CHS with any issue related to the extent of the City's liability regardless of where the train happens to be located, and regardless of what it's operational status might be.
Although I still have considerable doubt as to the understanding of the full scope of restoration and the financial resources that will required to bring this engine back to operational service by those who are apparently willing to undertake the task, I wish them well, and will support the effort in any way I can.
But the answer to your question is, the City of Boulder owns the train.