Indian Mountain Property Owners Assocation

 
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For those considering the June 2017 invoice from BSWC, please review the following from the Ad Hoc Water Committee.  If you are considering the IM WSP, please check the IMMD website for important details regarding the IM Water Service Program (WSP); an alternative augmentation option. 
 
Dear Indian Mountain Well Owners,
 
In 2013, the Indian Mountain Metropolitan district (IMMD) and the Indian Mountain Property Owners Association (IMPOA) created an ad hoc water committee to coordinate efforts to first negotiate with Indian Mountain Corp (IMC) and then to respond to the lawsuit brought by IMC against IMMD concerning water augmentation services in the subdivision. The history of that lawsuit is documented in detail on both the IMMD and IMPOA websites where the committee has kept property owners up to date on developments for the past four years, including several historical accounts of water augmentation in Indian Mountain. The committee members are Attorney and Indian Mountain cabin owner Peter Ampe, IMMD President Susan Stoval, IMMD Secretary and former IMPOA Vice President Dr. Glenn Haas, and former IMPOA President, now Vice-President, Dr. Roger Mattson. Stoval, Haas and Mattson serve on the committee in a volunteer capacity.
 
Many, but not all, well owners in Indian Mountain recently received invoices from Bar Star Water Company (BSWC), successor to IMC, ranging from a few hundred dollars to $1625.00, depending on how long the recipients have owned wells in Indian Mountain during the period January 1, 2012 to May 31, 2017. The ad hoc committee issued information on those invoices to well owners for which it had Email addresses on June 3 and 20, 2017. The committee also posted this information on the IMMD and IMPOA websites. Despite these efforts, confusion over the invoices persists.
 
At the June 10, 2017, public meeting of the IMMD board of directors, following remarks by and a question and answer period with the owner of BSWC, a group of Indian Mountain well owners approached Carl Neu, an Indian Mountain owner since 1977 and former president of the predecessor to IMMD, and asked him to lead an effort to obtain an independent legal opinion on the standing of the BSWC invoices. Mr. Neu subsequently sought such advice from Attorney Herbert C. Phillips in Fairplay. 
 
At the July 8, 2017 meeting of the IMMD and IMPOA boards of directors, Mr. Neu summarized the legal opinion he obtained from Mr. Phillips. In addition, Mr. Neu authorized and the boards of directors of IMMD and IMPOA approved sharing of the opinion Mr. Neu received. There are provisos that go with this opinion that are summarized in the written statement Mr. Neu used to present Mr. Phillips’ opinion to the two boards of directors. That statement and the legal opinion of Mr. Phillips can be viewed from the link following this article.
 
The ad hoc committee has reviewed the legal opinion provided by Mr. Phillips. In that regard, Peter Ampe has stated “If [Mr. Neu] gives permission to post, then yes I think it’s fair to say that Mr. Phillips’ opinions are consistent with my advice to IMMD…. This letter and other information have been voluntarily shared by Carl Neu and IMMD, but they do not constitute legal advice to any other person and may not be relied on by any other person. As we [the ad hoc committee] have advised before, please seek your own legal counsel so they can provide advice to you based on your unique circumstances."
 
The Ad Hoc Water Committee