Sundance Water

Possible Legal Action Cherokee Has files for an augmentation plan This is the final step before drilling is authorized Objection timeline has passed They looked into collaborating with objectors (waste of time and money we will get no where) Individual action concerning the effect in your existing well may be effective (but costly and hypothetical, judge will tell you to come back when the well is effected)

Possible Legal Action Classic Homes inherited an objection stance from Dave Wisemer (SP?) upon purchase of the land for flying horse expansion Classic homes is in negotiations with Cherokee No clue to what they are negotiating Dave Wisemer owns three wells on Sundance Ranch and has objections filed against Cherokee Dave Wisemer sold the water rights to Cherkoee and the Land to Classic but has filed objections??????? This is a mess and a dead end

Possible Legal Action Dry wells are not considered a legal injury Must wait until wells are affected before a court will entertain Legal avenues are not worth pursuing

Possible Legislative Action Long term commitment (years) Must join Organizations Engage lobbyists Constant pay outs required Cherokee will have started pumping and would be grandfathered to continue pumping Legislative Action not worth pursuing

Groundwater Model Julia Murphy is a geologist that has proposed to develop a comprehensive Ground Water Model using a Computer program from Microfilm Can show effect of Cherokee pumping on individual wells for full or half rate pumping and how many years until effected (10, 20, 100? This is not known) 6 weeks or more to develop Cost is $16-20k Would use state charts and inputs I am not sure the results would be recognized by the state or water courts Black Forest Land Use Committee would own the results Soliciting money for development Black Forest Land Use Committee would make the results available for a fee My Suggestion Allow Julia access to Palmer Divide to gather data points Pay the fee to the Black Forest Land Use Committee “IF” the results are needed No initial output of money: option later to access results “IF” needed

Approaches to Protecting Wells Negotiate with Cherokee to leave Dawson water alone Trade Aquifer rights such as Arapahoe or Denver allotments Easier for Cherokee No augmentation plan required The Capital investment of the well has already been made Palmer Divide does not own the Arapahoe or Denver water rights Grant Langdon would have to grant the water rights or we would have to purchase Does not guarantee Cherokee will not drill a half mile to the north Of course a lawyer volunteered to negotiate for a cost The benefit to Palmer Divide giving away water rights is highly debatable

Way Ahead Stay engaged and be watchful Watch Classic negotiations with Cherokee find out results Watch High Forest Ranch and Cathedral Pines HOA’s. Learn how they are engaging and conducting negotiations Explore our avenues: Contact Grant about granting water rights Can Cherokee service our neighborhood when and if needed Who would negotiate? Lawyer? Cost? Water lawyer cost?