1. Sundance Water

2. 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)

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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?