Last month, the Cherokee Metropolitan Water District imposed a complete ban on watering lawns and washing cars within the district until further notice, affecting residents in the Cimarron Hills and Claremont Ranch developments.The ban is the result of a relatively dry summer and a dispute between the Cherokee district and the Upper Black Squirrel Creek Groundwater Management District, which supplies water to the Cherokee district. The Upper Black Squirrel Creek district sued the Cherokee district for using certain wells to deliver water to out-of-basin customers, which the Upper Black Squirrel Creek district claimed is in violation of their 1999 agreement.In March, District 2 Water Court Judge Dennis Maes ruled in favor of the Upper Black Squirrel Creek district. The Cherokee district appealed Judge Maes’ decision to the Colorado Supreme Court, which heard arguments in September.Kip Peterson, Cherokee’s general manager, said he expects the Supreme Court to render a decision in early or mid-December. “We’ve managed to arrange some new sources of water, but not enough to relieve the general residents’ restrictions we’re currently under,” he said.Since Judge Maes’ order, the county has delayed approval of new developments in the Cherokee district until the district proves it has enough water to meet its committments.”The new sources of water will allow some development to continue forward. Since the district is strictly a revenue-based organization, it is important that we continue to bring new revenue in so we can use that money to help solve the problem,” Peterson said.”We’re actively pursuing half a dozen potential leads in terms of new water for the district. We have imposed a new water acquisition fee for all water taps, which will help fund the solution. We anticipate having adequate water supplies to allow outside irrigation next year. When you’re dealing with water anywhere in the West, it’s costly and time-consuming, and it frustates many people in our district.”As for the potential for a wet winter, Peterson said the Farmer’s Almanac predicts a snowy winter, but scientists say we’re going to have a weak El NiÒo, so the Southwest is going to be snowy and the northern Rockies are going to be warmer and drier. “We’re right on the border between those two areas, so it’s hard to tell,” he added.Linsay Pitman, from Beazer Homes in the Claremont Ranch development, said that townhomes with small backyards are continuing to sell, but buyers are avoiding stand-alone houses because of the water restrictions.Kathy Hare, president of the Upper Black Squirrel Creek district’s board, said the board understands the hardship water restrictions place on residents living in the Cherokee district. “But it’s the board’s duty to protect water resources within the Upper Black Squirrel Basin,” Hare said.The board is conducting a study to determine how much water flows into the basin and the amount of water being consumed. The board passed a new rule in October requiring meters on all large-capacity wells. Agricultural, commercial, industrialand municipal well owners must have the meters installed by March 2007. Pumping rates must be reported to the board monthly. “Well owners not complying will face fines and may have their wells shut off,” Hare said.She also said that water usage in the Upper Black Squirrel Basin is governed by Colorado’s water law, which states, “first in time, first in rights.” If the study determines there is not enough water within the basin, well owners with junior water rights may face losing their wells. “Water conservation measures are a prudent first step in conserving the basin’s water supply,” Hare said.In an October meeting, representatives from the Upper Black Squirrel Creek district and the Cherokee district agreed to enlist the help of El Paso County Commissioners to enact conservation measures limiting the amount of sod in all subdivisions that rely on the Upper Black Squirrel Basin. Additional measures, including treating water and recharging the Upper Black Squirrel aquifer, also are being studied.”Residents must realize there is not an endless supply of water within the basin,” Hare said. “Not having a lush green lawn is a small hardship compared to not having any water at all.”Editor’s note: Facts: On Oct. 12, the BOCC approved the final plat for Claremont Ranch Business Park Filing II. Water for the business park will be supplied via the “Kane Water Right,” presently owned by Rodney Preisser. Kathy Hare said Preisser has a permit to re-drill a Kane well, which is currently filled with concrete. Hare said it’s her opinion that until this can be accomplished, it is not certain there will be any “wet water” to deliver to the business park.
