That didn’t take long.
I received a reply from a Elbert County Commissioner of an email I sent concurrently with writing Part I, “Who’s Kidding Who Here“. My email touched upon the same points in my post. In his rebuttal the Commissioner states that the Independence “SIA governs OFFSITE improvements” and that the language denying Craft and his cronies is in “The Service Plan for the Water and Sanitation District contain the language restricting water export..”
So I went and found one of the Service Plans approved on September 7th, 2017. It had all I needed to see – I don’t need to see any of the other 5 Special Districts – I already know what they say. All I needed to see was in the finalized Independence Overlay Special District Service Plan. I compared it to the original same Service Plan filed in June, 2017 – well before the public hearing.
Finalized (pdf) Independence Overlay District Service Plan.
And this was my exact reply to the notion that the Independence SIA governs offsite improvements:
Absolutely laughable that as important as water is to this community, you believe placing a single line on the bottom of a Service Plan is going to stop water from leaving this county? And more specifically leaving the Independence “project”?
“The District shall not export water outside of Elbert County, with the exception for provisions of any emergency services.”
Are you kidding me?
You approved six districts that are allowed to merge, regroup, consolidate, transfer, etc. and you approved this service plan language:
“The District will be authorized to provide for the acquisition, construction, installation, operation and maintenance of the Improvements (as defined in §32-1-1006(1)(c), C.R.S., as amended, and for the ongoing maintenance of the Improvements, within and without the boundaries of the District, as described in Exhibit F. The District may accept appropriate, purchase, lease or otherwise acquire any water or water rights, either potable or non-potable, for use within or without the Development area.”
Because of your language, all a waterburgler has to do is paper transfer water to another one of their Districts, and/or a District with no boundaries, and/or a District without restrictions, and that District can sell anywhere it wishes. A brilliant idea since everybody is looking to buy Elbert County water! And you know it.
After with what this county went through with the same water attorney and other special districts prior, the document preventing the transfer/sale/export of our water should have been 20 pages deep to prevent just a theft.
And that SIA is specific to the Independence project. It is not some kind of OFFSITE document as you call it. It is EXACTLY as the headline name says it is: “SUBDIVISION IMPROVEMENT AGREEMENT AND RESTRICTION ON CONVEYANCE RELATED TO THE SUBDIVISION AND DEVELOPMENT OF INDEPENDENCE“.
It is the exact place the export language (all 20 pages of it, not one half-assed line) should be placed, as well as within the special district documents. Even the districts and their functions are specifically spelled out in it (page 3, number 3).
That Independence “project” (and it’s SIA) is a transferable document SEPARATE of Special Districts. It can be sold to a buyer (such as Walton), assigned to another developer, or annexed by others. I am sure the developer/investors plead their case so that language would not be included in it. You stated it would be in the SIA (where it should be), and you let us down, again.
I cannot see how you are protecting the citizens of Elbert County with actions like these.
And so it it goes. A fight to maintain our western way of life. A fight to protect our Elbert County water. A fight against corruption. A fight to protect our home values, and a fight to establish everything that is rightfully ours.
Elbert County citizens deserve better than this. Way better.
If you wish to help in this fight, let your voice be heard. Get involved! If you can’t get involved, consider supporting the Stop Over Development Elbert County (SOD) educational cause with a donation. The SOD has an active judicial review filing against the county that we need financial assistance with – attorneys are not cheap.
Thank-you for your time and consideration.
Wayne Ordakowski, a concerned Elbert County Citizen