Colorado Ground Water Commission hearing officer Jody Grantham issued his decision May 26 regarding Cherokee Metropolitan District’s request to obtain Denver Basin water rights in the Ellicott area. The district based its request on 50-year-old leases.In his decision, Grantham concluded the leases on which Cherokee made its request “are ambiguous” and other evidence “indicates the intent of the Leases and Supplemental Leases was to convey alluvial water only.”Alluvial water is water near the surface of the land.In an e-mail to his clients, Allen Hale, attorney for some of the Ellicott property owners, said Cherokee has two options: ask Grantham to reconsider his decision within seven days or file an appeal with the Ground Water Commission within 30 days of the May 26 decision.Marilan Luttrell, the Ellicott property owner who organized resistance to Cherokee’s water rights request, said she plans to organize a final fundraising drive to pay off the $60,000 in legal fees that have accumulated since contesting their request in August 2007.Kip Petersen, Cherokee’s general manager, was not available for comment.
