Arizona General Stream Adjudication Bulletin
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In re Sands Group of Cases: The Special Master initiated the process to adjudicate the more than 500 claims included in this contested case and prepared an appendix preliminarily identifying the claimants, landowners and the place of use for each de minimis claim. The Arizona State Land Department, Arizona Department of Water Resources and the United States submitted additional and correcting information regarding basic water right attributes for the listed claims. Freeport Minerals Corporation moved to intervene in the case. The Arizona Cattle Growers' Association was granted permission to participate as an amicus curiae. The matter was set for hearing on September 8, 2016.
In re San Pedro Riparian National Conservation Area: Expert witness reports were timely filed by the parties. The United States was given additional time to depose the parties' experts and permitted to name expert rebuttal reports. Trial dates for this contested case have been set.
In re Fort Huachuca: The parties filed dispositive motions in this case in advance of the October trial. Oral argument occurred on August 11, 2016, and the Court issued its decision on September 1, 2016.
In re PWR 107 Claims, Gila River Adjudication: The Arizona Department of Water Resources reviewed the proposed abstracts prepared by the San Carlos Apache Tribe and the United States and filed a report recommending that the Court approve the abstracts.
Hopi Priority: On June 23, 2016, the United States filed a title report for the land within the Hopi Reservation that identifies the dates on which the various land parcels included in the 1882 Executive Order were acquired by the United States. It supplemented its report with additional deeds on August 29, 2016. At a hearing on July 12, 2016, the United States addressed the ownership of the land held by or in trust for the Hopi Tribe.
Hopi HSRs: All objections to the final Hopi HSR prepared by the Arizona Department of Water Resources were due on June 15, 2016. At a hearing on July 12, 2016, the parties addressed a litigation schedule to decide the present and future water rights of the Hopi Tribe. The Special Master issued an order on August 25, 2016, that set discovery deadlines and set the matter for trial in September, 2018.
Navajo HSRs: A hearing was held on July 12, 2016, to begin the process of adjudicating the water rights of the Navajo Nation.
Arizona Department of Water Resources (ADWR) Meeting On August 29, 2016, Honorable Mark H. Brain and Special Master Susan Ward Harris met with Arizona Department of Water Resources' Director, Deputy Legal Counsel, and head of the Adjudication Division to generally review pending matters for purposes of Arizona Department of Water Resources' future planning.
Don W. Young passed away on July 16, 2016. He worked in the Water Rights Section of the Arizona State Land Department and later at the Arizona Attorney General's Office where he was involved with the early technical issues of the adjudications, providing expert assistance in stockpond hydrology and water rights. He earned a Ph.D. at the University of Arizona and taught in the Department of Hydrology and Water Resources. Don mentored hydrology students in field work skills and enjoyed working in water rights. He made significant contributions, in both adjudications, to the resolution of stockpond water rights.
Approving Official for Adjudication's Court Approved Mailing Lists. For any changes in the court approved mailing lists, please send your motions and requests to the Special Master along with an order for the Special Master to sign. The Honorable Mark H. Brain designated the Special Master as the approving judicial officer last year.
Link here to the calendar of proceedings.
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