On Oct. 24, Jody Grantham, hearing officer for the Colorado ground water commission, met with representatives of the Cherokee Metropolitan District and property owners in Ellicott who have objected to Cherokee’s request for a determination of right to the water beneath their property. The request is based on leases arranged in the mid 1950s by prior property owners.Most of the property owners didn’t know about the leases until they received notices of Cherokee’s claim in July.The purpose of the October meeting was to set a hearing date. The hearing was set for 9 a.m. April 8, April 9 and April 11. No facilities were available in Ellicott, so the hearing will be held at the El Paso County Board of County Commissioners hearing room in downtown Colorado Springs.Grantham said the ground water commission had received about 70 letters of objection accompanied by the required $10 filing fee, and those property owners had been granted standing in the case. Some letters were forged, he said, and others were notes accompanied by the filing fee.One property owner said he hadn’t sent the $10 fee because he was not one of the original property owners. Grantham said he might give standing to property owners who did not send the $10 fee if, by Nov. 21, they send a letter of objection, along with a $10 fee and a letter of explanation as to why they didn’t respond earlier.Grantham said copies of the letters should also be sent to the Cherokee Metropolitan District.Grantham also set Nov. 21 as the date by which objectors with standing must disclose information to Cherokee, such as copies of deeds, title insurance policies, determination of water rights, and water court decrees.Marilan Luttrell, who is organizing Ellicott property owners, said the group is trying to arrange legal representation, and they need as much time as possible.Lisa Thompson, a representative for the Upper Black Squirrel Creek Groundwater Management District, asked that Cherokee provide a list of all assignments, royalty payments,and leases so the objectors can request copies if they need them.In a separate interview, Luttrell said her group needs $1,500 just to hire an attorney. She also said state representative Marsha Looper (R-Calhan) is allowing the group to use the Colorado Citizens for Property Rights name. Donations can be made under that name at any of the three offices of the Farmers State Bank in the area.
