Ellicott property owners met Nov. 2 to continue discussions about Cherokee Metropolitan District’s request for a determination of water rights. Ellicott landowner Marilan Luttrell is leading the opposition, which has organized under the Colorado Citizens for Property Rights group.Cherokee’s request is based on 50-year-old leases the district had entered into with eight former Ellicott property owners. The individual property owners had about 5,000 acres of land each, which they eventually sold or subdivided. For the most part, the property owners did not disclose the Cherokee leases, and, today, new owners are fighting Cherokee’s decision to call in their water rights.Luttrell said the Colorado Board of Land Commissioners has filed a motion with the Colorado Ground Water Commission to join the opposition to Cherokee’s request. “The land commission owns property in Ellicott designated for use by public schools,” Luttrell said.Larsen Land & Equipment also requested inclusion with the opposing side. According to a motion filed by the company, Larsen Land & Equipment owns 160 acres of vacant land in the affected area. Representatives said they did not receive the notice to file an objection in time to file before the deadline.Cherokee attorneys responded to the inclusion requests by asking the ground water commission to deny both motions because the land commission and Larsen Land & Equipment did not file their objections by the Sept. 24 deadline.Luttrell said she is hopeful the ground water commission will allow the objections.Hydrogeologist Julia Murphy spoke about the importance of monitoring wells inside and outside the boundary areas of the leases. If property owners plan to establish damages related to Cherokee’s high-capacity pumping, they must submit data collected from a third party monitoring the wells, Murphy said.Murphy said well owners in the area should have at minimum one year of quarterly data before Cherokee starts pumping from any new wells. Two years would be ideal, she said.Data collected on as many wells as possible corroborates data collected on each well, Murphy said. “The higher the participation, the more compelling the data,” she said.The leases allow Cherokee to drill wells anywhere on a property, except near a house, Murphy said. Cherokee would most likely drill wells near the boundary of a property in order to suck water from outside the boundary, Luttrell said.According to the notice of hearing issued by the ground water commission, all people granted objector status must provide Cherokee and the ground water commission with copies of “deeds to their property; a description of water rights they own, including relevant decrees; copies of all well permits; and determinations of water rights they believe are relevant to this proceeding” by Nov. 21. Cherokee also requested copies of the objectors’ title insurance policies.Luttrell said copies of well permits need to be in the name of the current property owner. “If you have a permit in the name of a previous owner, call the state and get an updated well permit,” she said. Murphy said it only costs a few dollars to update a permit.Luttrell said she has taken out a personal loan of $1,500 to retain a lawyer. “We are in this for the long haul,” she said. She asked for fundraising ideas and said people can make donations to Colorado Citizens for Property Rights at any Farmers State Bank.Luttrell said she will hold meetings the first Friday of every month. The next meeting is scheduled Dec. 7 at 7 p.m. at New Hope Church.
