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 2, 2008)

• December 5, 2008
  Due: Expert witness reply reports on modeling
• January 15, 2009
  Due: Completion of expert witness depositions on modeling
• 45 Days Prior to Evidentiary Hearing
  Due: Filing and service of expert witness affidavits containing direct testimony
• 30 Days Prior to Evidentiary Hearing
  Due: Joint Prehearing Statement
• 20 Days Prior to Evidentiary Hearing
  Due: Motions in Limine
• 10 Days Prior to Evidentiary Hearing
  Due: Responses to motions in limine. No replies absent a Court order
• April 28-30, 2009 - 9:30 a.m.
  Evidentiary Hearing
  Northeast Regional Court Center, Courtroom 112
  18380 North 40th Street
  Phoenix, Arizona

Joint Hearing
(see Court's order August 12, 2008)

• Decision Pending

Application of Belsher Investments, L. P. for Injunctive Relief
Respondent Michael L. Golder
(see Court’s order September 3, 2008)

• No matters scheduled. The Court has issued an injunction.

In re State Trust Lands, Contested Case No. W1-104 and CV 6417-100
(see Special Master's report September 28, 2007)

• Decision Pending

In re San Pedro Riparian National Conservation Area, Contested Case No. W1-11-232
(see Special Master's order September 17, 2008)

• December 5, 2008
  Due from United States: Documentation concerning ownership of public lands comprising the riparian conservation area

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

• December 1, 2008
  Due: Responses to objections and comments

In re PWR 107 Claims, Contested Case No. W1-11-1174
(see Special Master's order November 25, 2008)

• March 27, 2009
  Due from San Carlos Apache Tribe: Status report

In re Powers Garden Administrative Site, Contested Case No. W1-11-3423
(see Special Master's order June 25, 2008)

• December 31, 2008
  Due from United States: Report on prospects for settlement

In re Aravaipa Canyon Wilderness Area
(see Special Master's order September 22, 2008)

• December 31, 2008
  Due from United States: Report
• January 30, 2009
  Due from San Pedro River Watershed Claimants: Comments

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 9, 2008 and October 9, 2008)

• December 15, 2008
  Due: Responding briefs
• January 15, 2009
  Due: Replies

Hopi Tribe Issues
(see Court's order October 29, 2008

• December 15, 2008
  Due: Responses to Salt River Project’s Motion to Supplement Its Response

In re Hopi Tribe Priority
(see Special Master's orders September 8, 2008 and October 31, 2008)

• January 6, 2009
  Due from United States, Hopi Tribe and Navajo Nation: Disclosure Statements
• January 6, 2009
  Commencement of formal discovery
• February 6, 2009
  Due from Other Parties: Disclosure Statements
• March 9, 2009
  Due from All Parties: Exchange of Expert Reports
• June 30, 2009
  Completion of all discovery
• September 1, 2009
  Due: Motions and Statements of Position
• November 2, 2009
  Due: Responses
• December 14, 2009
  Due: Replies

• Recent changes to several Court approved mailing lists have involved the substitution of Mr. Kenneth D. Nyman for Mr. Patrick B. Sigl as legal counsel for the State of Arizona, the substitution of Ms. Rebecca A. Comstock for Mr. Lawrence J. Corte of Freeport-McMoRan Corporation, and the addition of Ms. Susan B. Montgomery and Ms. Robyn L. Interpreter of Montgomery & Interpreter, P.L.C.
• The corporate name of Phelps Dodge Corporation has changed to Freeport-McMoRan Corporation.

• In re PWR 107 Claims, Gila River Adjudication: The Special Master has requested a status report from the San Carlos Apache Tribe concerning the Reservation’s southwest boundary issue raised in this contested case.
• In re Hopi Tribe Priority, Little Colorado River Adjudication: The Special Master extended the date for exchange of expert reports and modified the Disclosure Input Form associated with the electronic data base for disclosures of information. 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 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.
• Judge Allen G. Minker, who presided in the Little Colorado River Adjudication for twelve years, passed away on September 25, 2008. On January 20, 1986, the Arizona Supreme Court appointed Judge Minker to preside over the Adjudication. And he did, and did so with impressive patience, deliberation, and intellect. Even after moving to California, Judge Minker was interested in the Adjudication. He always enjoyed hearing what was happening and encouraged progress.
  
  His brother Jeffrey, an attorney in Tucson, wrote the following as part of the obituary: “Judge Minker graduated from Stanford University, served in the armed forces during the Vietnam Era, and briefly studied journalism before getting his law degree from the University of San Diego in 1973. He moved to Arizona, where he earned the highest score on the 1974 State Bar exam. As a lawyer he handled both civil and criminal litigation.
  
  In 1985 Allen was appointed superior court judge for Greenlee County. In addition to his duties as superior court judge, Allen served on the state Supreme Court and courts of appeals and wrote several published opinions. He also served as tribal judge from time to time for the White Mountain Apache Tribe, whose council had requested his assistance.
  
  While serving on the bench in Arizona, Allen continued to pursue his lifelong interest in state and national history. He provided leadership for the Greenlee County Historical Society, spearheading its successful campaign in 1997 to preserve and restore the historic county courthouse (c. 1911) in Clifton. He also served as a consultant for textbooks and other publications on California and Native American history.
  
  Allen was a man of strong character and deep wisdom. His mind was that of a philosopher - eagerly open to new ideas, cautiously critical of easy answers, and ever mindful of the need for careful reflection and review. His sense of humor was finely tuned and easily present. He was warm hearted and consistently loyal to those whom he loved; he maintained friendships that endured. Above all, he was a man of abiding compassion with a profound love of life.”
• 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 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. On October 9, 2008, the Court granted similar motions in both appeals for extension of time to file opening briefs and extended the time to file responses and replies. The date and time of oral argument will be announced after the completion of the briefing.
• In re Aravaipa Canyon Wilderness Area, Gila River Adjudication: The Special Master requested a report from the United States and comments from claimants in the San Pedro River Watershed concerning organizing a new contested case for the Aravaipa Canyon Wilderness Area. The United States claims a federal reserved water right for numerous uses inside the wilderness area which is located southeast of Winkelman, Arizona, and comprises approximately 20,000 acres of land.
• In re San Pedro Riparian National Conservation Area, Gila River Adjudication: The Special Master held oral argument on the initial issues set for briefing.
• In re Application of Belsher Inv., L.P. for Injunctive Relief v. Michael L. Golder, Gila River Adjudication: On September 3, 2008, the Court issued findings of fact, conclusions of law, and an injunction. The injunction prohibits Mr. Golder from blocking, diverting, or redirecting water from Greenback Creek or from an adjoining irrigation ditch for use in Golder Pond or on Mr. Golder’s property, with an exception, and interfering with the use of water on the Belsher property. Previously, the Court denied Belsher Inv., L.P.’s request for an award of attorneys’ fees and costs without prejudice to the request for costs being renewed upon final resolution of this case and directed the applicant to post a $10,000.00 bond.
• Joint Adjudications Hearing: Following a joint hearing, the Court has provided interested parties an opportunity to submit comments by September 30, 2008, regarding the July 11, 2008, report of the Arizona Department of Water Resources and has directed the Department to file a memorandum by October 15, 2008, setting forth the Department’s views as to the completion of an updated HSR for the entire San Pedro River Watershed.
• In re Fort Huachuca, Gila River Adjudication: The Special Master filed his report concerning the issues he had designated for briefing. Any claimant may file objections and comments to the report on or before October 1, 2008. The Special Master declined a suggestion to supplement disclosures concerning the existence or nonexistence, timing, and extent of any official survey of the boundaries of and the lands within Fort Huachuca.
• In re Proposed Partial Gila River Indian Community Water Rights Settlement, Contested Case No. W1-205, Gila River Adjudication: The Court dismissed this application for special proceedings. On September 23, 1999, the United States, the Gila River Indian Community, and the Roosevelt Water Conservation District filed an application for an order for special proceedings to approve a settlement involving these parties. Judge Susan R. Bolton issued a minute entry dated September 27, 1999, which assigned docket number W1-205 to the matter, but stated that an order for special proceedings would be entered after December 31, 1999. The matter has been pending since then. In their motion to dismiss, these parties stated that as the Community’s water rights settlement is now enforceable, “there is no longer any need” for this application.
• In re Applications of the Salt River Project for Injunctive Relief, Gila River Adjudication: The Court has set a schedule leading to an evidentiary hearing on the Salt River Project’s applications for injunctive relief involving Respondents Kovacovich Investment, L. P., Wiertzema Family Trust, and NBJ Ranch L. P.
• In re Powers Garden Administrative Site, Gila River Adjudication: The Special Master directed the United States to file a report on or before December 31, 2008, concerning the efforts made by the parties to resolve their objections and the prospects for a complete settlement.
• Little Colorado River Adjudication: The Court held oral argument on the issue of whether the United States and the Hopi Tribe “are precluded from claiming a right to water from surface streams that are located within the Little Colorado River Basin, but do not traverse any part of the Hopi Reservation.” Parties were given until December 5, 2008, to file supplemental memoranda. A decision is pending
• In re Proposed Tohono O'odham Nation Water Rights Settlement and Interlocutory Appeal No. WC-07-0002-IR (Contested Case No. W1-208), Gila River Adjudication: The Arizona Supreme Court affirmed the ruling of the Superior Court concerning the approval of this water rights settlement. In a separate order, the Court ordered that motions for reconsideration would not be allowed and held that “the Tohono O’odham Settlement is final and non-appealable under the law of the State of Arizona.” On December 14, 2007, the Secretary of the Interior published his statement of findings concerning the settlement. The publication of the notice caused the Congressional legislation to take effect. On December 28, 2007, the Secretary of the Interior published a notice of technical corrections.
• 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.

return to top