Water Access

Priorities: Water Access

August 7, 2025 board meeting minutes:

Discussion: Board priorities

Board Member Powell moved to immediately hire a water rights attorney to determine what water rights are available to the subdivision’s landowners, and to authorize the expenditure of up to $5,000 for related legal fees. Board Member Way seconded the motion. A voice vote resulted as follows: The yeas prevailed; motion passed.
Board Member Frase accepted an action item to immediately hire a water rights attorney on behalf of SCRO and to liaison with that attorney on behalf of SCRO.

September 4, 2025 board meeting agenda:

Background: Water access for refilling cisterns has been shut off, first by Sangre de Cristo Water Services, then more recently by the Fort Garland Water and Sanitation District. This has local residents – within the Ranches and outside of the Ranches – scrambling to find reliable and affordable sources of bulk water. Tensions between governmental agencies and the public have increased. Multiple residents have stepped into leadership roles to find and implement solutions. This has created a disjointed approach to finding solutions.

Presentation by Board Member Frase: Proposal related to the possibility of SCRO taking on the role of an information clearinghouse and a facilitator/mediator to ensure effective collaboration among the various entities and grassroots effort and entities within the community. (See attachment “Proposal: SCRO-Led Facilitation…”)

Discussion: Consider approving the SCRO-Led Facilitation proposal, or a variation thereof.

Vote by voice: Motion to “approve the SCRO-Led Facilitation proposal as presented [with the following amendments…].”

Executive Session: Water rights attorney

Background: In response to the water access crisis, SCRO retained a water rights attorney on August 12th. The attorney has submitted a recommendation of “next steps” to SCRO. The board members will discuss this recommendation in an executive session.

The board members will break into a private executive session while other meeting participants remain in the main Zoom room. It is anticipated that this executive session will last 5-10 minutes. The board members will return to the main Zoom room before taking any formal action.

Vote by voice: Motion to “???”

September 4, 2025 board meeting minutes:

Discussion: Board Member Frase presented a proposal related to the possibility of SCRO taking on the role of an information clearinghouse and a facilitator/mediator to ensure effective collaboration among the various entities and grassroots efforts within the community pertaining to restoring access to water for cisterns.

The board members agreed to act as liaison in the following capacities:

Board Member Squire as the “water rights” liaison
Board Member Navratil as the “filling stations” liaison
Board Member Averett as the “Costilla County” liaison
Board Member Way as the “public relations” liaison
Board Member Rodriguez-Walters as the “storage & transportation” liaison
Board Member Powell as the “strategic planning” liaison

Vote: Board Member Way moved to approve the SCRO-Led Facilitation proposal as presented; Board Member Powell seconded the motion. A voice vote resulted as follows: The yeas prevailed; motion passed.

Vote: Board Member Squire moved to move into an executive session to discuss confidential details related to the recommendation from the water rights attorney; Board Member Averett seconded the motion. A voice vote resulted as follows: The yeas prevailed; motion passed.

Executive session: The board moved to an executive session and then returned to the main session.

Vote: Board Member Squire moved to authorize the expenditure of an additional $2,000, for a total of $7,000, for attorney fees related to water rights; Board Member Way seconded the motion. A voice vote resulted as follows: The yeas prevailed; motion passed.

Vote: Board Member Navratil moved to authorize the water rights attorney to draft a letter on behalf of SCRO to Sangre de Cristo Water Services, Inc. regarding access to water for cisterns; Board Member Averett seconded the motion. A voice vote resulted as follows: The yeas prevailed; motion passed.

September 18, 2025 work session agenda:

During the Sep 4 board meeting, the board voted to accept the proposal related to SCRO taking on the role of an information clearinghouse and a facilitator/mediator to ensure effective collaboration among the various entities and grassroots effort and entities within the community. The board members agreed to act as liaison in the following capacities:

Board Member Squire as the “water rights” liaison
Board Member Navratil as the “filling stations” liaison
Board Member Averett as the “Costilla County” liaison
Board Member Way as the “public relations” liaison
Board Member Rodriguez-Walters as the “storage & transportation” liaison
Board Member Powell as the “strategic planning” liaison

Discussion led by Board Member Frase: Inquire about each liaison’s progress (see attachment titled, “SCRO-Led Facilitation of the Management of the Water Access Crisis").

September 18, 2025 work session post-meeting notes:

Update: Board Member Frase noted that a sufficient number of emailed votes from board members were received for authorizing SCRO’s water rights attorney to send a letter to Sangre de Cristo Water Services, Inc. This vote is to be ratified in the next board meeting (Oct 2nd) and an executive session will be held on this matter during the same board meeting.

Discussion: Status of liaison efforts regarding water for cisterns:

Board Member Frase announced that she and Board Member Navratil are scheduled to meet with Salina Pacheco, the manager of the Fort Garland Water and Sanitation District (FGWSD) later in the day (Sep 18) to establish a cooperative relationship between SCRO and FGWSD and to gather an update on the potential sale of water for cisterns by FGWSD. It was noted that, on Sep 12th, FGWSD voted to restart the sale of water in the very near future.
Board Member Frase announced that she is working to set up a meeting with Pat McDermott, a staff engineer for Water Division 3 of the Colorado Division of Water Resources (DWR). Several of SCRO’s board members need to gather information from Mr. McDermott and Board Member Frase is considered about each board member contacting him independently and causing him more work than necessary. Thus, the purpose of the meeting with Mr. McDermott would be to establish a cooperative relationship between SCRO and DWR, and to determine how to most efficiently exchange information between the two entities.
Board Member Navratil shared that his research indicates that the quality of water from private wells is not regulated by DWR because they are not covered by the EPA’s Clean Water Act. However, potable water that is for sale (via a commercial or municipal well) is subject to the Clean Water Act laws and is regulated by DWR. This regulation places a huge burden on private companies looking to provide water during this water crisis (and possibly into the foreseeable future). It is not only the wells that are affected by this regulation; it is also the responsibility of commercial delivery services to maintain the potability of the water during the delivery process, which requires maintaining the potability certification of the delivery trucks. SCRO needs to be cognizant of the legal risk associated with listing commercial wells and delivery services on SCRO’s website that are not maintaining these minimum quality standards. To counter this risk, we might be able to obtain from DWR a list (and subsequent updates to that list) of vendors whose certificates are in good standing. Board Member Navratil emphasized that we need to have permission from vendors before posting their information on SCRO’s website.
Board Member Squire called attention to the newspaper articles (Colorado Sun) that have been published about our community’s water crisis.
Board Member Frase noted that whomever takes Board Member Squire’s position on the board would also take on her water access liaison responsibilities.
Board Members Rodriguez-Walters and Steve Navratil both invited Dudney Donovan to attend today’s work session and provide an update on his efforts to establish perpetual and reliable access to water for cisterns.
Board Member Rodriguez-Walters reported that she had spoken to Debbie Blouin from Ojo Springs Drilling (near La Veta pass), who has an artesian well. They are already providing water at their site (bring your own container, 10 cents/gal) and they are looking at possibly delivering water to our community. They are also looking at purchasing the car wash in Ft Garland and installing some storage tanks at that location to serve as a second “bring your own container” access point. Board Member Rodriguez is exploring the level of interest in these options within our community.
Board Member Frase identified some overlap between the liaison efforts of Board Member Navratil and Board Member Rodriguez-Walters. They accepted an action item to review and possibly reorganize their liaison responsibilities so they are not duplicating each other’s efforts.
Board Member Navratil asked “anyone” (whether board members or not) to pass along to him contact information for any sites providing water and/or delivery of water.
Dudney Donovan gave an update on the progress of his efforts. He recently purchase a piece of property with a well; he is working to convert that well from a private well to a commercial well (DWR is helping to facilitate this conversion), with the intention of providing water for the off-grid community (the Ranches and beyond) in perpetuity. He is also planning to provide water delivery and to install storage tanks at strategic locations within the community. He noted that those storage tanks could provide water for the fire department in case of an emergency. He will be ready to sell water as soon as the permitting is completed (hopefully by October 1st). Mr. Donovan anticipates that the well will produce about 1.8 acre feet, which is more than FGWSD has historically sold to the public last year. He is anticipating the price for delivered water will be about 40 cents/gal.
Board Member Powell provided an update on the efforts of Lex Rudel, who has been researching the possibility of forming an incorporated municipality within our community as a means of addressing some of our community’s issues. The most significant roadblock is that incorporation requires a population density of 50 people/square mile (per C.R.S. Title 31), which we do not meet. Mr. Rudel is in communication with our state congressman, requesting that the congressman work to reduce this requirement. Given the ongoing fire danger (there was, just recently, yet another house fire in the Ranches), we need to find a way to address some of these water and fire concerns.
Board Member Way reported that she continues to be in contact with Denver 9 news and the Colorado Sun (Jennifer Brown). Ms. Brown would like to understand how many people, realistically, would continue to utilize the newer alternate water sources once FGWSD begins selling water again. If that number is low, it could impact the viability and longevity of these other sources. Ms. Brown is planning a follow-up news story, focused on that concern.
Board Member Powell noted that, per the Colorado Sun, Ojo Springs Water’s water is not considered potable, which is a concern for both the health of the community and for SCRO’s liability if we post their contact information on our website. Ojo is working around this issue by testing the water to ensure its quality, and by recommending that people treat it before consuming it. Ojo is willing to share the results of their quality testing.

October 2, 2025 board meeting agenda:

Discussion: Review actions taken outside of a properly noticed board meeting

Action #1 on 9/11: The board voted to approve the publication of a news release announcing SCRO’s plan to facilitate efforts within the community to develop short-term and long-term access to water for cisterns

Action #2 on 9/16: The board voted to authorize SCRO’s water rights attorney to deliver a formal letter to Sangre de Cristo Water Services, Inc. concerning access to water for cisterns

Vote by voice: Motion to “ratify Action #1 taken outside of a properly noticed board meeting as presented [with the following amendments…]”

Vote by roll call: Motion to “enter into an executive session to discuss concerns related to Action #2 taken outside of a properly noticed board meeting.”

Vote by roll call: Motion to “ratify Action #2 taken outside of a properly noticed board meeting as presented [with the following amendments…]”

Note: Fort Garland Water and Sanitation District has resumed the sale of water for cisterns. The new hours of business are Tuesdays and Thursdays from 8am to noon.

October 2, 2025 board meeting minutes

Discussion: The board reviewed two actions taken outside of a properly noticed board meeting:

Action #2 on 9/16: The board voted to authorize SCRO’s water rights attorney to deliver a formal letter to Sangre de Cristo Water Services, Inc. concerning access to water for cisterns.

Vote: Board Member Way moved to ratify action #1 as presented; Board Member Squire seconded the motion. A voice vote resulted as follows: The yeas prevailed; motion passed.

Vote: Board Member Squire moved to enter into an executive session to discuss concerns related to Action #2 taken outside of a properly noticed board meeting; Board Member Rodriguez-Walters seconded the motion. A voice vote resulted as follows: The yeas prevailed; motion passed.

Executive session: The board moved to an executive session and then returned to the main session.

Vote: Board Member Way moved to ratify action #1 as presented; Board Member Squire seconded the motion. A roll-call vote resulted as follows: Yeas – Frase, Way, Powell, Squire, Navratil, Rodriguez-Walters, Averett; Nays – None. Motion passed 7-0.

Note: Fort Garland Water and Sanitation District has resumed the sale of water for cisterns. The new hours of business are Tuesdays and Thursdays from 8am to noon.

October 16, 2025 work session agenda:

Presentation: Pat McDermott is a staff engineer for Division 3 of Colorado Division of Water Resources (DWR). He has been working with various community members within the Ranches and Costilla County to find a long-term solution for a more reliable source of water for cisterns. He will be presenting on the various options our community might have for finding a relatively sustainable solution. His presentation will be followed by a Q&A session.

SCRO’s water rights attorney, Katie Randall, will also be in attendance. She is planning to participate in the Q&A to the extent she can without compromising confidentiality. We can discuss options available to the general community. However, we cannot discuss what actions SCRO, specifically, might want to consider as that is confidential and should not be discussed in a meeting that is open to the public.

Please see the following attachments: SLV subdistricts map, Trinchera Ranch well locations, and the photo of the Polo Field Well.

Background: Reliable and relatively stable access to water for refilling cisterns has become a monumental concern in recent months. Multiple residents have stepped into leadership roles to find and implement solutions. This has created a disjointed approach to finding solutions.

During the Sep 4 board meeting, the board voted to accept the proposal related to SCRO taking on the role of an information clearinghouse and a facilitator/mediator to ensure effective collaboration among the various entities and grassroots effort and entities within the community. Each board member has agreed to act as liaisons in the following capacities, with Board Member Frase facilitating the overall effort:

Board Member Cessac as the “water rights” liaison
Board Member Navratil as the “filling stations” liaison
Board Member Averett as the “Costilla County” liaison
Board Member Way as the “public relations” liaison
Board Member Rodriguez-Walters as the “storage & transportation” liaison
Board Member Powell as the “strategic planning” liaison

Discussion led by Board Member Frase: Inquire about each liaison’s progress (see attachment titled, “SCRO-Led Facilitation of the Management of the Water Access Crisis").

October 16, 2025 work session post-meeting notes:

Presentation: Pat McDermott gave a presentation on the various options our community might have for finding a relatively sustainable source of water for cisterns (see Board Member Frase's notes from the presentation).

Update: Concerning his water access liaison responsibilities, Board Member Powell reported that the angst in the community about access to water has been greatly reduced with the resumption of bulk water sales from FGWSD. Dudney Donovan is now delivering water. “Granny Annie’s” (owners of The Carriage House) is also delivering water under the name of Bear Necessities Delivery. Finally, Dudney Donovan and Wesley Barnett are working to establish a nonprofit delivery service.

Update: Board Member Navratil stated that today’s presentation by Pat McDermott answered the questions he had pertaining to water filling stations. He stressed that any filling station we promote on our website must be fully qualified by the DWR as commercial wells with appropriate pumping and treatment infrastructure. Ojo Springs Drilling has stopped delivering water. He reported that he has been trying to get permission from FGWSD to place a link to their website on the SCRO website.

Note: A full discussion on the status of each liaison's efforts was postponed due to a time constraint.

November 1, 2025 membership meeting agenda:

Update:

Water access for cisterns
Proactive/preventative efforts (see “SCRO-Led Facilitation…”)