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Hearings and Proceedings - November 6, 2009
Gila River Adjudication
Applications of the Salt River Project for Injunctive Relief
Respondents Kovacovich Investment L. P., Wiertzema Family Trust, and NBJ Ranch L. P.
(see Court's order October 19, 2009)
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November 6, 2009
Due from Salt River Project: Brief re injunctive bond
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December 7, 2009
Due from NBJ Ranch L.P.: Response
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December 21, 2009
Due from Salt River Project: Reply
Applications of the Salt River Project for Injunctive Relief
Respondents David R. and Kathy S. Henry, Michael C. and Judy L. Kasper, Justin T. and
Chelise C. Largent, Myron Ray,
and Jerry D. and Shawn L. Stryker
(see Court's orders May 7, 2009 and September 4, 2009)
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February 26, 2010
Due: Submission of exhibits for marking
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March 5, 2010
Order to Show Cause Hearing
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March 11, 2010 by 5:00 p.m.
Due: Joint Pretrial Statement
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March 16, 2010 - 8:30 a.m. (30 minutes allotted)
Pretrial Conference
Northeast Regional Court Center, Courtroom 112
18380 North 40th Street
Phoenix, Arizona
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March 30-31, 2010 - 9:30 a.m.
Evidentiary Hearing
Northeast Regional Court Center, Courtroom 112
18380 North 40th Street
Phoenix, Arizona
Applications of the Salt River Project for Injunctive Relief
Respondents Linda S. and Paul R. Robinson and Chester-Campbell, L.L.C.
(see Court's orders March 31, 2009 and May 13, 2009)
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November 13, 2009
Due from Salt River Project: Replies
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December 4, 2009 - 10:30 a.m. (one hour allotted)
Oral Argument on Summary Judgment Motions
Northeast Regional Court Center, Courtroom 112
18380 North 40th Street
Phoenix, Arizona
In re State Trust Lands, Contested Case No. W1-104 and CV 6417-100
(see Special Master's report September 28, 2007 and Court's order September 21, 2009)
In re San Pedro Riparian National Conservation Area, Contested Case No. W1-11-232
(see Special Master's orders October 8, 2009)
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November 10, 2009
Telephonic Conference - 9:30 a.m.
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November 30, 2009
Due: Responses to motions and comments to the report of the Arizona Department of Water Resources
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January 15, 2010
Due: Replies and responses to comments to the report of the Arizona Department of Water Resources
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February 18, 2010 - 9:00 a.m.
Oral Argument - Courtroom TBA
In re Fort Huachuca, Contested Case No. W1-11-605
(see Special Master's report April 4, 2008 and Court's order September 21, 2009)
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November 19, 2009 - 1:30 p.m. (3 hours allotted)
Hearing
Northeast Regional Court Center, Courtroom 112
18380 North 40th Street
Phoenix, Arizona
Pretrial Conference
In re Aravaipa Canyon Wilderness Area, Contested Case No. W1-11-3342
(see Special Master's order August 17, 2009)
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November 19, 2009
Due: Motions to Intervene
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February 16, 2010
Due from the United States: Disclosure statements
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March 19, 2010
Due from other parties: Disclosure statements
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March 19, 2010
Due: Commencement of discovery
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June 14, 2010
Exchange of expert reports
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September 10, 2010
Completion of discovery
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November 15, 2010
Due: Motions or statements of position
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January 31, 2011
Due: Responses to motions and statements of position
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March 18, 2011
Due: Replies
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December 31, 2011 - and Redfield Canyon Wilderness Area
Due from the United States: Amendments to statements of claimants
In re Powers Garden Administrative Site, Contested Case No. W1-11-3423
(see Special Master's order July 15, 2009)
Subflow Zone Delineation Report for The San Pedro River Watershed
- December 28, 2009
Due: Objections to report. Objections shall be filed with the Clerk of the Maricopa County Superior Court.
In re Proposed Gila River Indian Community Water Rights Settlement
Contested Case No. W1-207
For information, visit www.azwater.gov/dwr
- Hot Topics - AZ Water Settlements - New Gila River Indian Community Settlement.
- The Court has entered a Judgment and Decree. See article below regarding filing of
petitions for interlocutory review.
Arizona Supreme Court Interlocutory Appeals WC-07-0001-IR and WC-07-0003-IR
(see Court's orders
October 7, 2009 and
October 8, 2009)
Gila River Adjudication Steering Committee
(see Special Master's report August 26, 2009)
Little Colorado River Adjudication
Further Issues for Disposition
(see Court's order September 4, 2009)
In re Hopi Tribe Priority, Contested Case No. CV 6417-201
(see Special Master's orders September 8, 2008, October 31, 2008, January 12, 2009, March 19, 2009, and September 2, 2009)
- January 28, 2010
Completion of all discovery
- March 22, 2010
Due: Motions and Statements of Position
- May 21, 2010
Due: Responses
- June 30, 2010
Due: Replies
Recent Address Changes
- Concerning the listings for Messrs. Carlos D. Ronstadt and Jeffrey W. Crockett, Mr. Paul J. Giancola has withdrawn
and been replaced by Mr. Kristoffer P. Kiefer.
- Mr. Robert B. Hoffman has withdrawn from the mailing list for In re State Trust Lands, No. W1-104 and CV 6417-100.
- New Court approved mailing lists dated July 27, 2009, are posted. These lists contain all changes
known to the office of the Special Master as of July 27, 2009. This date will remain the same until
the lists are updated in January 2010, although changes will be regularly incorporated.
Orders and News
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In re Proposed Gila River Indian Community Water Rights Settlement and Interlocutory Appeals No. WC-07-0001-IR and
WC-07-0003-IR (Contested Case No. W1-207), Gila River Adjudication: These appeals to the Arizona Supreme Court involve
the petitions for interlocutory review
filed by the Apache Tribes (San Carlos Apache Tribe, Yavapai-Apache Nation, and Tonto Apache Tribe), the Lower Gila
Water Users, and ASARCO LLC which seek review of the Superior Court’s approval of the settlement agreement.
The Arizona Supreme Court heard oral argument on November 3, 2009.
- In re Fort Huachuca, Gila River Adjudication: The Court has set a hearing on November 19, 2009, to
consider the objections to the Special Master’s report.
- In re Applications of Salt River Project for Injunctive Relief: The applications involve several parties in
the Verde River Watershed. The Court set a schedule leading to an evidentiary hearing concerning Respondents
Kovacovich Investment, L. P., Wiertzema Family Trust, and NBJ Ranch L. P. On April 15, 2009, the Court heard
oral argument on motions for summary judgment filed by the respondents. The Court denied the motions. Because
the parties need more time to present evidence, the Court postponed until early October the evidentiary hearing
set in late April and added three days. The Wiertzema Family Trust renewed its motion to dismiss based on new
information obtained. The Court granted the motion.
On April 24, 2009, the Court held a telephonic scheduling conference in the matters involving Respondents Henry,
Kasper, Largent, Ray, and Stryker. The Court previously requested joint comprehensive pretrial memoranda from
the parties. The Salt River Project and Respondents Kasper and Stryker filed a joint pretrial memorandum and
proposed scheduling order. The other parties did not attend the conference. A telephonic conference was held
on July 16, 2009. The Court ordered the parties to file joint pretrial orders on or before August 14, 2009,
set a pretrial conference on March 16, 2010, and an evidentiary hearing on March 30 and 31, 2010.
The Court set oral argument on December 4, 2009, for the motions for summary judgment filed by the Salt River
Project in the matters involving Respondents Robinson and Chester-Campbell, L.L.C. These matters have pended in
order to allow the parties to discuss a mutual resolution.
- In re San Pedro Riparian National Conservation Area, Gila River Adjudication: The Special Master
granted the request of the United States to stay the filing of the Arizona Department of Water
Resources’ technical report due on September 11, 2009, and directed the United States to file
a status report on or before September 30, 2009. The United States requested a stay of the report
because more time is needed to resolve two issues that have arisen which affect the report.
The issues are the determination of the land status of a railroad right-of-way within the
riparian area and the status of the official legal description and map of the area. The Special Master will hold a telephonic conference on November 10, 2009.
- In re Hopi Tribe Priority, Little Colorado River Adjudication: The Special Master extended
the pending four prospective deadlines pursuant to the Court’s directive. This contested case
seeks to resolve the question referred by the Court to the
Special Master of “whether the claims to water rights asserted by, or on behalf of the Hopi Tribe in this adjudication
have a priority of ‘time immemorial’ or are otherwise senior to the claims of all other claimants.”
- In re Aravaipa Canyon Wilderness Area, Gila River Adjudication: The Special Master has organized a contested
case to resolve the objections arising from the San Pedro Hydrographic Survey Report concerning this wilderness
area located in southern Arizona. Seven initial issues involving the claims of the United States to federal
reserved water rights will be briefed. Disclosure, discovery, and briefing schedules are set. Claimants who
wish to participate in this case may request to intervene. The United States has until December 11, 2011,
to file amendments to its claims. The Special Master also directed the same deadline for the United States to
file amendments to its claims for the Redfield Canyon Wilderness Area.
- Little Colorado River Adjudication Briefing Issues: The Court held a telephonic conference on October 30, 2009, concerning
suggestions for additional issues to brief and matters related to the preparation of the Final Hydrographic Survey Report for the
Hopi Indian Reservation.
- Hopi Tribe Claimed Rights to Off-Reservation Surface Water: The Court ruled
that the Hopi Tribe is precluded from asserting
water right claims in this adjudication to the extent such claims seek the right to water sources located within the Little
Colorado River Basin that neither abut nor traverse Hopi lands. The Hopi Tribe requested reconsideration of the order.
On August 26, 2009, the Court denied the request.
- Subflow Zone Map of the San Pedro River Watershed: The Arizona Department of Water Resources has filed
its report entitled “Subflow Zone Delineation Report for The San Pedro River Watershed.” The report was prepared
pursuant to the Court’s September 28, 2005, order. The report marks
a major step forward concerning the subflow issue in the Gila River Adjudication.
The report delineates subflow zones along the San Pedro and Babocomari Rivers and Aravaipa Creek, and includes
numerous tables, color figures and maps, references, and appendices. The report is not a final determination
of the location of the subflow zones in the San Pedro River Watershed.
Claimants may purchase a copy of the
report for $100.00, or an electronic copy on DVD for $10.00. Call 1-800-352-8488. The report is available
for download from the department’s web site at http://www.azwater.gov/dwr
(look for “Subflow Zone Report on the San Pedro River Watershed”). The report may be reviewed at the
department’s Tucson Active Management Area Office and the Benson, Bisbee Copper Queen, Mammoth, and
Sierra Vista Public Libraries.
Claimants are entitled to file a formal objection to the report. Objections shall be filed with the Clerk of
the Maricopa County Superior Court, Attention: Water Case, 601 West Jackson Street, Phoenix, Arizona 85003.
An objection form is available on the department’s web site or you may call 1-800-352-8488 to request a form.
The last day to file an objection is Monday, December 28, 2009.
- Gila River Adjudication Steering Committee: The Court began a process to review the current membership
of the Steering Committee and consider modifications that should be made to Pre-Trial Order No. 1 (May 30, 1986)
concerning the committee. Currently, the committee has twenty members. The Court wants to know which members
wish to remain on the committee and which counsel wish appointment. The Court invited claimants and the
Arizona Department of Water Resources to submit proposed modifications to Paragraph 9 of Pre-Trial Order No. 1.
On August 26, 2009, the Special Master filed a report describing the responses received. The report lists
the attorneys who wish to remain members and wish appointment and describes the proposals the Arizona Department
of Water Resources made to modify Paragraph 9.
- The Maricopa Lawyer, a publication of the Maricopa County Bar Association, published an article celebrating the recent anniversary of the Gila River Adjudication. Go to page 3 to read the article,
a collaborative work of the Clerk of the Maricopa County Superior Court and the Special Master. The
Arizona Association of Realtors has permission to republish the article.
- At the request of the Arizona Department of Water Resources, on April 16, 2009, the Court and the Special
Master met with Director Herb Guenther, Deputy Director Karen Smith, and attorneys Janet L. Ronald and Scott M.
Deeny. Mr. Richard T. Burtell, Manager of the Adjudications and Planning Support Section, and Mr. Tom Carr,
Assistant Director and Manager of the Statewide Planning Division attended. The Department’s fiscal resources for
the coming year and the budget outlook for future years were reviewed. Although the Department’s budget for next
year is not final, the Department is facing a severe budget situation. Mr. Guenther and Ms. Smith are working
diligently to obtain the best possible budget. The tasks currently assigned by the Court were reviewed as well
as future projects. The Court is expected to issue further directives based on the comments previously submitted
by parties and the discussions held at this meeting.
Following the meeting and having considered comments submitted by several parties, the Court entered the same
order in both adjudications approving the course of action proposed in the Department’s reports filed on
January 31, 2007, and October 15, 2008. These actions involve releasing the subflow zone map and technical report
for the San Pedro River Watershed by June 30, 2009, preparing an inventory of the de minimis water uses that were
part of the Sands case (W1-11-19), and publishing proposed abstracts of water rights for existing de minimis uses that
meet the Sands criteria but were not part of that case. The Department plans to identify and investigate new water uses,
including those involving wells, throughout the entire San Pedro River Watershed, and develop watershed file reports for
potential contested cases. Following the approval of the San Pedro subflow zone map, the Department plans to conduct cone of
depression analyses for existing and new wells in the San Pedro River Watershed beginning in the Sierra Vista Subwatershed.
The Department plans to update existing watershed file reports in the San Pedro River Watershed as directed by the Court
or the Special Master for specific contested cases. In the Little Colorado River Adjudication, the Department expects
to publish the Final Hydrographic Survey Report for the Hopi Indian Reservation in 2010.
The Department is working on mandated reports related to both the Zuni Indian Tribe (catalog of non-exempt registered wells)
and Gila River Indian Community (Gila River Maintenance Area) water rights settlements and a report requested by the
Special Master concerning the San Pedro Riparian National Conservation Area. It is also reviewing and finalizing
surface geology maps for the mainstem Verde River.
- Preliminary Hydrographic Survey Report for the Hopi Indian Reservation: The Arizona Department
of Water Resources has filed a Preliminary HSR for the Hopi Reservation. The report concerns the
water rights claimed by the Hopi Tribe and the United States on the Tribe’s behalf for use on the
Hopi Reservation. Copies of the report are available for review at several public locations, and a
copy can be purchased in paper form or electronic DVD format. The report is available on ADWR’s Internet site.
On March 9, 2009, the Court granted the joint request of the United States and the Hopi Tribe to extend the deadline
for filing comments to the Hopi Reservation Preliminary Hydrographic Survey Report to June 30, 2009.
- The Arizona Department of Water Resources has prepared a Preliminary Catalog of Non-Exempt Registered
Wells as part of a requirement of the Zuni Indian Tribe Water Rights Settlement Agreement approved by
the Court on November 27, 2006. Copies of the report are available for review at several public locations
and on ADWR’s Internet site. A final report will be submitted to the Court by December 19, 2009.
- In re State Trust Lands, Gila River and Little Colorado River Adjudications:
The Court denied the request of the New Mexico Commissioner of Public Lands to file an amicus curiae brief.
The Special Master submitted his report to the Court. The Court has not set a hearing to consider the
objections and comments to the report.
- Keeping the Arizona Department of Water Resources updated on your mailing address is very important!
The Special Master has updated a letter that the Arizona Association of Realtors first posted on its Web
site in May, 2001.