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News from the Upper Black Squirrel

In recent years, the Upper Black Squirrel Ground Water Management District Board of Directors has focused the majority of its efforts on protecting the quantity of water in the alluvial aquifer, but the management district also is charged with maintaining ground water quality.Nitrates from manure, commercial fertilizers, sewage effluent and septic leach fields can all contaminate a shallow aquifer. In 1992, the district wrote a policy, which states, “The district encourages the use of central (municipal) water and wastewater systems as opposed to the use of individual wells and septic systems in any proposed subdivision consisting of three or more lots, in order to minimize the possibility of contamination of the alluvial aquifer.”A 2003 water quality study conducted by the Pikes Peak Area Council of Governments reported a dramatic increase in the number of septic systems within the county between 1990 and 2000 and found that “septic tank effluent (outflow of a sewer) is the most common water quality problem in rural areas that do not rely on central wastewater services.”According to the study, to control water quality in the county, “Future development will need to be coordinated to minimize non-point source impacts (septic tank runoff) and provide wastewater service in a cost effective and environmentally sound manner.” However, board member Dave Doran pointed out the increasing number of subdivisions planned in the Upper Black Squirrel that rely on individual septic systems because of the lack of wastewater treatment plants in the region.In order to address this problem, board members passed a motion recommending a letter be sent to Dick Anderwald, director of El Paso County Development Services, requesting a work session with county officials to address the lack of adequate wastewater treatment facilities within the basin.Other district action centered around a motion to require metering on all larger capacity wells within the Upper Black Squirrel by March 1, 2007. A large capacity well is one that pumps more than 15 gallons per minute and includes municipal, industrial, and irrigation wells.The need for meters became apparent to board members after a “Basin Water Budget” study was completed by Leaf Engineering in Oct. 2005. Study findings estimate that 5,800 acre-feet of water is being mined from the basin annually.But meters will give a more accurate account of the water usage, which is a necessary step before action can be taken to bring the basin water budget into balance. The motion passed, and research is currently under way to determine the types of meters that will be required and how readings will be collected by the district.Board members also were notified that the appeal of Judge Mae’s decision concerning Cherokee Metropolitan District’s use of wells No. 1 through No. 8 in the Upper Black Squirrel will be heard by the Colorado Supreme Court Sept. 13.Water from Cherokee wells No. 1 through No. 8 was being exported out of the Upper Black Squirrel for use in the Cimarron Hills and Claremont Ranch subdivisions. All out of basin pumping has stopped, and Kip Petersen, manager for the Cherokee district, said water is currently being purchased from Colorado Springs Utilities to make up for the shortfall.Other court cases pending in the Upper Black Squirrel include the Schubert priority call and Falcon Highlands’ request to export water out of the basin.In 2004, the Schuberts attempted a senior water right priority call in the basin, under Colorado’s “First in time, First in Rights” water law. They claimed pumping from 16 wells was injuring their water supply. Their case was heard and denied by the Upper Black Squirrel Board, but is now on appeal in Colorado District Court. The case will be heard on Oct. 24 through Oct. 27.The board also challenged Falcon Highlands’ request to export water to homes located in the Sand Creek basin. The case will be heard by the Colorado Ground Water Commission in November.Kathy Hare is the president of the Upper Black Squirrel Ground Water Management District

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