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Agenda2009November.doc Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of August 21, 2009 Report of the Executive Director by State Engineer Dick Wolfe Petition by the Upper Big Sandy Ground Water Management District to initiate rulemaking to amend Rule 5.2.7.1 to re-define the extent of the alluvial aquifer in the Upper Big Sandy Basin, and to amend 5.2.7.2 so as to determine that the alluvial aquifer in the Upper Big Sandy Basin is overappropriated Petition by the Upper Big Sandy Ground Water Management District to correct clerical errors in the Commission’s Final Order and Decree forming the Upper Big Sandy Ground Water Management District Staff Report by Keith Vander Horst Report of the Attorney General by Jen Mele. This is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 12 for discussion in Executive Session if the Board has questions about the litigation. District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Jack Dowell Arikaree GWMD by Rod Mason Plains and East Cheyenne GWMDs by Deb Daniel Southern High Plains GWMD by Max Smith North KiowaBijou GWMD by Robert Loose Upper Black Squirrel GWMD by Tracy Doran Upper Big Sandy GWMD by Dave Taussig Lost Creek by GWMD by Thomas Sauter Republican River Water Conservation District by Stan Murphy Old Business Follow up on proposed resolution by the Colorado Ground Water Commission recognizing the creation of a task force dedicated to securing the long-term sustainability of the Ogallala Aquifer in the Republican River Basin New Business Selection of next year’s meeting dates and locations Public Comments Executive Session (if needed) Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION November 20, 2009 A G E N D A (page 2, cont.) NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, November 20, 2009 Town of Castle Rock Council Chambers 100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A Agenda2009November.pdfMicrosoft Word - Agenda2009November.doc 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of August 21, 2009 4. Report of the Executive Director by State Engineer Dick Wolfe 5. Petition by the Upper Big Sandy Ground Water Management District to initiate rulemaking to amend Rule 5.2.7.1 to re-define the extent of the alluvial aquifer in the Upper Big Sandy Basin, and to amend 5.2.7.2 so as to determine that the alluvial aquifer in the Upper Big Sandy Basin is overappropriated 6. Petition by the Upper Big Sandy Ground Water Management District to correct clerical errors in the Commission’s Final Order and Decree forming the Upper Big Sandy Ground Water Management District 7. Staff Report by Keith Vander Horst 8. Report of the Attorney General by Jen Mele. This is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 12 for discussion in Executive Session if the Board has questions about the litigation. 9. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Jack Dowell c. Arikaree GWMD by Rod Mason d. Plains and East Cheyenne GWMDs by Deb Daniel e. Southern High Plains GWMD by Max Smith f. North Kiowa-Bijou GWMD by Robert Loose g. Upper Black Squirrel GWMD by Tracy Doran h. Upper Big Sandy GWMD by Dave Taussig i. Lost Creek by GWMD by Thomas Sauter j. Republican River Water Conservation District by Stan Murphy 10. Old Business a. Follow up on proposed resolution by the Colorado Ground Water Commission recognizing the creation of a task force dedicated to securing the long-term sustainability of the Ogallala Aquifer in the Republican River Basin NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, November 20, 2009 Town of Castle Rock Council Chambers 100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION November 20, 2009 A G E N D A (page 2, cont.) 11. New Business a. Selection of next year’s meeting dates and locations 12. Public Comments 13. Executive Session (if needed) 14. Adjournment Agenda2009November-WithError.doc Determine quorum Review and approval of agenda items Approval of Minutes for Meeting of August 21, 2009 Report of the Executive Director by State Engineer Dick Wolfe Petition by the Upper Big Sandy Ground Water Management District to initiate rulemaking to amend Rule 5.2.7.1 to re-define the extent of the alluvial aquifer in the Upper Big Sandy Basin, and to amend 5.2.7.2 so as to determine that the alluvial aquifer in the Upper Big Sandy Basin is overappropriated Petition by the Upper Big Sandy Ground Water Management District to correct clerical errors in the Commission’s Final Order and Decree forming the Upper Big Sandy Ground Water Management District Staff Report by Keith Vander Horst Report of the Attorney General by Jen Mele. This is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 12 for discussion in Executive Session if the Board has questions about the litigation. District Reports: Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap W-Y GWMD by Jack Dowell Arikaree GWMD by Rod Mason Plains and East Cheyenne GWMDs by Deb Daniel Southern High Plains GWMD by Max Smith North KiowaBijou GWMD by Robert Loose Upper Black Squirrel GWMD by Tracy Doran Upper Big Sandy GWMD by Dave Taussig Lost Creek by GWMD by Thomas Sauter Republican River Water Conservation District by Stan Murphy Old Business Follow up on proposed resolution by the Colorado Ground Water Commission recognizing the creation of a task force dedicated to securing the long-term sustainability of the Ogallala Aquifer in the Republican River Basin New Business Public Comments Executive Session (if needed) Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION August 21, 2006 A G E N D A (page 2, cont.) NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, November 20, 2009 Town of Castle Rock Council Chambers 100 N. Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A AGReport2009-11-20.docxATTORNEY GENERAL’S REPORT ATTORNEY GENERAL’S REPORT Cases involving the Colorado Ground Water Commission November 20, 2009 The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of November 13, 2009. pETITIONS TO amend boundaries of basin—Kroskob and Uhrick Case No. 09CV61 Designated Basin: Kiowa-Bijou Management District: North Kiowa-Bijou Before: Morgan County District Court, Judge C. Vincent Phelps Attorney: Pat Kowaleski Subject: This matter involves two petitions to expand the boundaries of the Kiowa-Bijou Designated Ground Water Basin to include two square-mile parcels on the northeastern edge of the basin, one contiguous with the existing basin and the other not contiguous. Staff published the petitions pursuant to direction from the Commission and received two objections, one from the North Kiowa-Bijou Ground Water Management District and one joint objection from the Bijou Irrigation Co. and Bijou Irrigation District. Following a hearing on August 4-7, 2008, the hearing officer issued an order denying the petitions, ruling that the petitioners did not meet their burden of proof. The Commission affirmed this initial decision at the February meeting. <Petitioners have appealed the Commission’s decision, and the matter will be heard “de novo” by the District Court. Status: Disclosures and discovery have begun. There in no trial date yet. appeal of rules adopted by the upper black squirrel creek ground water management district Case No. 09CA131 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Colorado Court of Appeals Attorney: Pat Kowaleski Subject: Cherokee, Meridian Ranch, Meridian Service, Paint Brush Hills and Woodmen Hills Metropolitan Districts filed an appeal to the adoption of Rule Nos. 3, 17, 18, and 19 by the Upper Black Squirrel Creek Ground Water Management District. The Upper Black Squirrel Creek District issued rules limiting withdrawals from large capacity wells, and, pursuant to statute, the Commission was required to approve the rules. On October 29, 2004, Cherokee et al filed an appeal with the District Court in El Paso County. The Commission filed a Motion to Dismiss the District Court action on the grounds that the Commission had not yet completed its review, and the matter was therefore not ripe for an appeal to District Court. The District Court put the matter on hold until the Hearing Officer and the Commission acted on the remand to the Hearing Officer. On December 12, 2008, the El Paso County District Court upheld the Commission’s approval of the Management District Rules. On January 20, 2009, the District Court’s decision was appealed to the Court of Appeals by the parties who had objected to the rules. The Appellants sought to have the matter heard by the Supreme Court, prior to review by the Court of Appeals, but their request was denied by the Supreme Court. Status: The case has now been fully briefed at the Court of Appeals, and unless oral argument is scheduled by the Court, the matter is ready for decision. Moser v. Ground Water Commission Case No. 07CV487 Designated Basin: Proposed Box Elder Creek Management District: Before: Hon. James Hartmann, Weld County District Court Attorney: Pat Kowaleski Subject: The Commission denied the request of John Moser, et al, to create the Box Elder Creek Designated Basin, and Moser appealed the Commission’s decision to District Court. Pursuant to statute, the matter will be tried de novo by the Court. The Court ordered the setting of the trial to be stayed so as to allow the parties to brief the disputed legal issues, including the preclusive effect of the court’s final decree (to be issued this spring) in Central Colorado Water Conservancy District’s Well Augmentation Subdistrict case, which included findings by the court regarding the Box Elder Creek drainage. On July 31, Moser filed a 45 page Motion For Determination of Questions of Law. Status: The Court has ruled on the Motion, and the matter will now continue to trial. Trial has been set for April 26-May 14, 2010 (15 days). CHEROKEE METROPOLITAN DISTRICT Case No. 05-GW-15, 16, 17 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Subject: These cases involve nine applications for the withdrawal of groundwater from the Upper Black Squirrel Designated Ground Water Basin on land leased by the applicant. <In its November 2006 meeting, the Commission directed Staff to proceed with evaluation and publication of the applications and notify the legal land owners of the applications. Following publication, the Commission received some 400 objections. However, the hearing officer ruled that only those objections—totaling about 80—that had been filed by the deadline and with the statutory $10 fee would be considered in the proceeding. The hearing officer issued an order setting a hearing in the matter. Prior to the hearing, the proceedings in this matter were stayed pending the outcome of a district court action to determine the legal effect and validity of the applicant’s leases. Status: A two-day hearing was held the first week in March. The Hearing Officer denied the application, finding that Cherokee did not meet its burden to show that it had the consent of the overlying land owners. Cherokee has appealed to the Commission and a hearing will be set for a future meeting. Dale and bonnie arnold Case Nos. 08-GW-07 & -08 Case Nos. 08-GW-76 & 77 Designated Basin: Kiowa-Bijou Management District: North Kiowa-Bijou Before: Jody Grantham, Hearing Officer Attorney: This matter involves final permits for two wells. In the first set of two cases, Staff published information regarding the permits based on information in its files. The District objected, and the matter was set for a hearing. However, after negotiations between the District and the Applicants, it appeared to the Hearing Officer that the District withdrew its objection and he remanded the matter to Staff for issuance of final permits. The District moved to reinstate its objection, and the Hearing Officer denied the motion. The Commission affirmed this decision at the February 20, 2009 meeting. Following remand to Staff by the Hearing Officer, with the instruction to conduct an investigation of the water rights as necessary, the Staff concluded that the published information regarding the water rights was incorrect and that final permits should not be issued allowing pumping under them. The Staff republished with this information, and the Applicants and the District objected. Following the Commission affirmance of the initial decision in the related cases, the hearing officer, on the applicants’ motion, dismissed this proceeding Status: Staff will issue final permits for the wells shortly. cherokee metropolitan district Case No. 08-GW-71 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele This matter involves an application for approval of a replacement plan to make new appropriations from the alluvial aquifer within the basin. Objections were submitted by the District, along with four other water users in the basin. A hearing was held for two weeks in Denver beginning on June 8, 2009 during which the Applicants completed their initial presentation and the objectors began their presentations. An additional week of hearing scheduled for August 3 to 7 was vacated following a ruling from the Division 2 Water Court regarding Cherokee’s use of some of its wells, subject to further negotiations and amendment of the proposed replacement plan. Status: This case has been consolidated with 08GW78, a change case for one of the Cherokee wells, and a recently filed case, 09GW____, a change case for four other wells, all of which are to be used in the replacement plan. Nine additional days of hearing have been set for January 11, 13, 14 and 19 through 21, 25 through 28, 2010. cherokee metropolitan district Case No. 08-GW-78 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele This matter involves an application to change the type and place of use of a well. Objections were submitted by the District and other water users in the basin. Status: This matter has been consolidated with 08GW71 and 09GW____, and set for hearing January 11, 13, 14 and 19 through 21, 25 through 28, 2010. edna farmer et al. Case No. 09-GW-02 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: This case involves the determination of water right in the Laramie-Fox Hills aquifer. An objection was filed by Cherokee Metropolitan District. The applicant moved to consolidate this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and09GW03, another application for determination of water right (discussed below). This motion was denied by the hearing officer. Status: The hearing officer will set the matter for a hearing. daniel and theresa farmer et al. Case No. 09-GW-03 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: This case involves the determination of water right in the Laramie-Fox Hills aquifer. An objection was filed by Cherokee Metropolitan District. The applicant moved to consolidate this case with 08GW71, the replacement plan application by Cherokee and Meridian Service Metropolitan District, and 09GW02, another application for determination of water right (discussed above). This motion was denied by the hearing officer. Status: The hearing officer will set the matter for a hearing. Yokam land holdings, llc Case No. 09-GW-04 Designated Basin: Lost Creek Management District: None Before: Jody Grantham, Hearing Officer Attorney: This case involves an application for six new appropriations in the alluvial aquifer for irrigation and export for municipal purposes. An objection was filed by Morgan County Quality Water District, which has moved (with Staff’s consent) to stay the application pending the Commission’s consideration of its petition to amend Rule 5.2.5.2 so as to declare the Hay Gulch subdivision overappropriated. The applicant opposes the motion. The hea<ring officer granted a motion (consented to by all parties) by Lost Creek Land & Cattle Company, allowing it to intervene in the case. Status: The matter has been stayed, upon consent by the Applicant, until resolution of the petition seeking to have the Commission enact a rule declaring the Hay Gulch portion of the basin (in which the new appropriations are located) to be over-appropriated. PV WAter II Case Nos. 09-GW-5 through 10 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele This is an application for change of type and place of use of wells. Two objections were filed. Applicants have stipulated with the objectors and has moved for a remand to Staff. Status: The hearing officer must rule on the motion for remand. meridian service metro district Case No. 09-GW-11 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Jen Mele This is an application for a determination of water right. Two parties have filed objections. Status: The hearing set for October 20, 2009 was vacated and is now set for February 25 and 26, 2010. Hay gulch petition for rulemaking Case No. 09-GW-12 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele This is an application for a rulemaking to amend rule 5.2.5.2 to make the main stem of Lost over-appropriated and to require replacement plans for new large capacity wells. Status: This matter is set for hearing March 15-19, 22-24 and 30-31, 2010. Lost Creek (Main stem) petition for rulemaking Case No. 09-GW-13 Designated Basin: Lost Creek Management District: Lost Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele This is an application for a rulemaking to amend rule 5.2.5.2 to make the Hay Gulch basin over- appropriated and to require replacement plans for new large capacity wells. Status: Applications for party status are due October 30. The hearing officer will set a hearing. 6 6 AGReport2009-11-20.pdfMicrosoft Word - AG Report2009-11-20.docx ATTORNEY GENERAL’S REPORT Cases involving the Colorado Ground Water Commission November 20, 2009 The listing below summarizes matters in which the Office of the Attorney General represents the Colorado Ground Water Commission as of November 13, 2009. PETITIONS TO AMEND BOUNDARIES OF BASIN—KROSKOB AND UHRICK Case No. 09CV61 Designated Basin: Kiowa-Bijou Management District: North Kiowa-Bijou Before: Morgan County District Court, Judge C. Vincent Phelps Attorney: Pat Kowaleski Subject: This matter involves two petitions to expand the boundaries of the Kiowa-Bijou Designated Ground Water Basin to include two square-mile parcels on the northeastern edge of the basin, one contiguous with the existing basin and the other not contiguous. Staff published the petitions pursuant to direction from the Commission and received two objections, one from the North Kiowa-Bijou Ground Water Management District and one joint objection from the Bijou Irrigation Co. and Bijou Irrigation District. Following a hearing on August 4-7, 2008, the hearing officer issued an order denying the petitions, ruling that the petitioners did not meet their burden of proof. The Commission affirmed this initial decision at the February meeting. Petitioners have appealed the Commission’s decision, and the matter will be heard “de novo” by the District Court. Status: Disclosures and discovery have begun. There in no trial date yet. APPEAL OF RULES ADOPTED BY THE UPPER BLACK SQUIRREL CREEK GROUND WATER MANAGEMENT DISTRICT Case No. 09CA131 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Colorado Court of Appeals Attorney: Pat Kowaleski Subject: Cherokee, Meridian Ranch, Meridian Service, Paint Brush Hills and Woodmen Hills Metropolitan Districts filed an appeal to the adoption of Rule Nos. 3, 17, 18, and 19 by the Upper Black Squirrel Creek Ground Water Management District. The Upper Black Squirrel Creek District issued rules limiting withdrawals from large capacity wells, and, pursuant to statute, the Commission was required to approve the rules. On October 29, 2004, Cherokee et al filed an appeal with the District Court in El Paso County. The Commission filed a Motion to 2 Dismiss the District Court action on the grounds that the Commission had not yet completed its review, and the matter was therefore not ripe for an appeal to District Court. The District Court put the matter on hold until the Hearing Officer and the Commission acted on the remand to the Hearing Officer. On December 12, 2008, the El Paso County District Court upheld the Commission’s approval of the Management District Rules. On January 20, 2009, the District Court’s decision was appealed to the Court of Appeals by the parties who had objected to the rules. The Appellants sought to have the matter heard by the Supreme Court, prior to review by the Court of Appeals, but their request was denied by the Supreme Court. Status: The case has now been fully briefed at the Court of Appeals, and unless oral argument is scheduled by the Court, the matter is ready for decision. MOSER V. GROUND WATER COMMISSION Case No. 07CV487 Designated Basin: Proposed Box Elder Creek Management District: Before: Hon. James Hartmann, Weld County District Court Attorney: Pat Kowaleski Subject: The Commission denied the request of John Moser, et al, to create the Box Elder Creek Designated Basin, and Moser appealed the Commission’s decision to District Court. Pursuant to statute, the matter will be tried de novo by the Court. The Court ordered the setting of the trial to be stayed so as to allow the parties to brief the disputed legal issues, including the preclusive effect of the court’s final decree (to be issued this spring) in Central Colorado Water Conservancy District’s Well Augmentation Subdistrict case, which included findings by the court regarding the Box Elder Creek drainage. On July 31, Moser filed a 45 page Motion For Determination of Questions of Law. Status: The Court has ruled on the Motion, and the matter will now continue to trial. Trial has been set for April 26-May 14, 2010 (15 days). CHEROKEE METROPOLITAN DISTRICT Case No. 05-GW-15, 16, 17 Designated Basin: Upper Black Squirrel Management District: Upper Black Squirrel Before: Jody Grantham, Hearing Officer Attorney: Subject: These cases involve nine applications for the withdrawal of groundwater from the Upper Black Squirrel Designated Ground Water Basin on land leased by the applicant. In its November 2006 meeting, the Commission directed Staff to proceed with evaluation and publication of the applications and notify the legal land owners of the applications. Following 3 publication, the Commission received some 400 objections. However, the hearing officer ruled that only those objections—totaling about 80—that had been filed by the deadline and with the statutory $10 fee would be considered in the proceeding. The hearing officer issued an order setting a hearing in the matter. Prior to the hearing, the proceedings in this matter were stayed pending the outcome of a district court action to determine the legal effect and validity of the applicant’s leases. Status: A two-day hearing was held the first week in March. The Hearing Officer denied the application, finding that Cherokee did not meet its burden to show that it had the consent of the overlying land owners. Cherokee has appealed to the Commission and a hearing will be set for a future meeting. DALE AND BONNIE ARNOLD Case Nos. 08-GW-07 & -08 Case Nos. 08-GW-76 & 77 Designated Basin: Kiowa-Bijou Management District: North Kiowa-Bijou Before: Jody Grantham, Hearing Officer Attorney: This matter involves final permits for two wells. In the first set of two cases, Staff published information regarding the permits based on information in its files. The District objected, and the matter was set for a hearing. However, after negotiations between the District and the Applicants, it appeared to the Hearing Officer that the District withdrew its objection and he remanded the matter to Staff for issuance of final permits. The District moved to reinstate its objection, and the Hearing Officer denied the motion. The Commission affirmed this decision at the February 20, 2009 meeting. Following remand to Staff by the Hearing Officer, with the instruction to conduct an investigation of the water rights as necessary, the Staff concluded that the published information regarding the water rights was incorrect and that final permits should not be issued allowing pumping under them. The Staff republished with this information, and the Applicants and the District objected. Following the Commission affirmance of the initial decision in the related cases, the hearing officer, on the applicants’ motion, dismissed this proceeding Status: Staff will issue final permits for the wells shortly. CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-71 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele 4 This matter involves an application for approval of a replacement plan to make new appropriations from the alluvial aquifer within the basin. Objections were submitted by the District, along with four other water users in the basin. A hearing was held for two weeks in Denver beginning on June 8, 2009 during which the Applicants completed their initial presentation and the objectors began their presentations. An additional week of hearing scheduled for August 3 to 7 was vacated following a ruling from the Division 2 Water Court regarding Cherokee’s use of some of its wells, subject to further negotiations and amendment of the proposed replacement plan. Status: This case has been consolidated with 08GW78, a change case for one of the Cherokee wells, and a recently filed case, 09GW____, a change case for four other wells, all of which are to be used in the replacement plan. Nine additional days of hearing have been set for January 11, 13, 14 and 19 through 21, 25 through 28, 2010. CHEROKEE METROPOLITAN DISTRICT Case No. 08-GW-78 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: Jen Mele This matter involves an application to change the type and place of use of a well. Objections were submitted by the District and other water users in the basin. Status: This matter has been consolidated with 08GW71 and 09GW____, and set for hearing January 11, 13, 14 and 19 through 21, 25 through 28, 2010. EDNA FARMER ET AL. Case No. 09-GW-02 Designated Basin: Upper Black Squirrel Creek Management District: Upper Black Squirrel Creek Before: Jody Grantham, Hearing Officer Attorney: This case involves the determination of water right in the Laramie-Fox Hills aquifer. An objection was filed by Cherokee Metropolitan District. The applicant moved to