In November, the Supreme Court upheld a March decision by Judge Maes that banned the Cherokee Metropolitan District from exporting water out of wells one through eight in the Upper Black Squirrel Creek groundwater basin.It’s a water battle that’s been rippling for years.In 1999, the Upper Black Squirrel Creek Groundwater Management District and the Cherokee district agreed that the latter would export water from wells one through eight in case of an emergency only. However, Cherokee continued pumping the wells.Six years later, the Colorado State Engineers Office determined that Cherokee was in violation of their agreement with the Upper Black Squirrel Creek Groundwater Management District.The state engineers requested that county commissioners cease from approving further development in the Cherokee district. But the county commissioners – exception: Douglas Bruce – approved the Claremont Ranch filings anyway.In October, county commissioners approved the final plat for Claremont Ranch Business Park, based on Cherokee’s contention that they had a new water supply from a previous well. They just needed to redrill the well.However, Cherokee continues to scramble for water. The county has delayed all construction.It’s been seven years since the formal agreement between Cherokee and the UBS. The district’s population has grown significantly with new subdivisions. Meanwhile, current residents in Cimarron Hills, Claremont Ranch and surrounding areas are under strict watering bans.Would it have made a difference if the county commissioners had abided by the recommendations of the state engineer last year?”I think it would have,” said Kim Petersen, general manager of Cherokee Metropolitan District. Petersen has been on the job just 11 months. “It’s anecdotal evidence,” Petersen said. “The commissioners made their decision based on the (Cherokee) attorneys’ assertions that there were adequate water supplies. Physically, we had them, but it came down to a legal interpretation.”An interpretation that supported an “emergency” export of water did not include new building development.”While I’m shocked that it was necessary to take this case to the Colorado Supreme Court in order to determine the meaning of the word ’emergency,’ I was pleased with the court’s decision because it reaffirms the Upper Black Squirrel District’s right and obligation to manage the water within the basin,” said Kathy Hare, president of the UBSGMD.What’s done is done, Petersen said. It’s time to move on and find new water supplies.Since the news of the Supreme Court decision, he said he’s received many phone calls from people interested in selling their water. There has been talk of drilling wells on private property. “We have to let people know that drilling on their property cannot happen without their permission – we have to get permission,” Petersen said.Cherokee is researching all of its water leases as well, but, he said, “We’re talking old wells in the Denver basin.”The UBS board passed a measure in December to place meters on district wells. Petersen applauded the decision. “We have to know what the problems are,” he said. “Everyone (water districts) has operated on an autonomous basis. I don’t think the state has done a great job of anticipating the water demands. We obviously need new water sources.”The Cherokee board is reviewing whether it will “relax” the water restrictions in 2007. Since September, outside irrigation has been prohibited for thousands of area residents.”Perhaps we will go to once a month and then twice a month (outside watering),” he said. “But Cherokee will be on restrictions for the foreseeable future.”Although the foreseeable future is yet to be determined for the Cherokee district, the case itself may be “cited for years” with issues related to water agreements, Hare said. “This case will (set) … a legal precedent to enforce stipulations made between management districts and water providers.”
