Superior Court >Adjudications What's New

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)

• December 7, 2009
  Due from NBJ Ranch L.P.: Response
• 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)

• February 26, 2010
  Due: Submission of exhibits for marking
• March 5, 2010
  Order to Show Cause Hearing
• March 11, 2010 by 5:00 p.m.
  Due: Joint Pretrial Statement
• March 16, 2010 - 8:30 a.m. (30 minutes allotted)
  Pretrial Conference
  Northeast Regional Court Center, Courtroom 112
  18380 North 40th Street
  Phoenix, Arizona
• 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)

• 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)

• Decision Pending

In re San Pedro Riparian National Conservation Area, Contested Case No. W1-11-232
(see Special Master's orders November 12, 2009 and November 17, 2009)

• December 7, 2009
  Due: Responses to motions
• December 31, 2009
  Due from United States: Report re lessees, allottees, and permittees
• January 22, 2010
  Due: Replies
• February 18, 2010 - 9:00 a.m.
  Oral Argument - Courtroom TBA
• February 19, 2009
  Due from United States: Report re boundary and land status research

In re Fort Huachuca, Contested Case No. W1-11-605
(see Special Master's report April 4, 2008 and Court's order November 17, 2009)

• January 28, 2010 - 9:30 a.m. (one day allotted)
  Hearing
  Juvenile Court Center - Durango
  3131 West Durango
  Phoenix, Arizona 85009-6292

In re Aravaipa Canyon Wilderness Area, Contested Case No. W1-11-3342
(see Special Master's order August 17, 2009)

• February 16, 2010
  Due from the United States: Disclosure statements
• March 19, 2010
  Due from other parties: Disclosure statements
• March 19, 2010
  Due: Commencement of discovery
• June 14, 2010
  Exchange of expert reports
• September 10, 2010
  Completion of discovery
• November 15, 2010
  Due: Motions or statements of position
• January 31, 2011
  Due: Responses to motions and statements of position
• March 18, 2011
  Due: Replies
• 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 November 12, 2009)

• February 10, 2010
  Due from United States: Disclosure statements
• March 12, 2010
  Due from all other parties: Disclosure statements and commencement of discovery
• June 11, 2010
  Completion of discovery
• July 2, 2010
  Due: Motions and statements of position
• August 27, 2010
  Due: Responses
• October 1, 2010
  Due: Replies
• November 1, 2010
  Due: Proposed schedule of presentation and allocation of time for oral argument
• November 2, 2010 - 9:00 a.m.
  Oral Argument - Courtroom TBA

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)

• Decision Pending

Gila River Adjudication Steering Committee
(see Special Master's report August 26, 2009)

• Decision Pending

Further Issues for Disposition
(see Court's order November 16, 2009)

• August 19, 2010
  Due: Motions concerning the Hopi Industrial Park
• September 29, 2010
  Due: Responses
• October 29, 2010
  Due: Replies

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

• 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.

• In re Powers Garden Administrative Site, Gila River Adjudication: The Special Master designated an issue for determination and set times for disclosures, discovery, and briefing. The issue is whether the United States is entitled to a federal reserved water right that includes the use of water for irrigation and stockwatering purposes at the Powers Garden Administrative Site in the Coronado National Forest.
• Little Colorado River Adjudication Briefing Issues: Following a telephonic conference, the Court set for briefing the issue suggested by Catalyst Paper (Snowflake) Inc. whether the Hopi Tribe is precluded from claiming a right to water associated with the Hopi Industrial Park based on aboriginal rights. The industrial park is located near Winslow.
• In re San Pedro Riparian National Conservation Area, Gila River Adjudication: Following a telephonic conference, the Special Master directed the United States to provide an updated list of lessees, allottees, and permittees associated with the conservation area and file a report concerning efforts to obtain information from the National Archives and other sources related to the exterior boundaries and the railroad right-of-way. The Special Master requested the United States to continue its cooperation with ADWR to provide information. On November 17, 2009, at the request of the United States, the Special Master extended the times to file responsive memoranda and replies to the motions filed concerning the two issues being briefed.
• In re Fort Huachuca, Gila River Adjudication: The Court reset the hearing to consider the objections to the Special Master’s report to January 28, 2010, for a full court day. Please note the hearing will be held at the Juvenile Court Center, 3131 West Durango, Phoenix.
• Scott M. Deeny: We wish Arizona Department of Water Resources Deputy Counsel Scott Deeny success as he returns to the private practice of law. Scott has worked on important regulatory matters and has assisted in the adjudications work. Scott has joined the law firm of Salmon, Lewis and Weldon, P.L.C.
• 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 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 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.
• 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.

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