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On September 14, 2015, Honorable Mark H. Brain and Special Master Susan Ward Harris met with representatives from ADWR to introduce the new Special Master and generally review matters related to the expeditious progress of the adjudications. A second meeting is scheduled for February 26, 2015, for the same purpose.
In re Aravaipa Canyon Wilderness Area: The trial, which began in July, was completed on October 28, 2015. Currently, the Court has under consideration a motion filed by Freeport Mineral Corporation to dismiss a number of the federal claims. The Court ordered the parties to file proposed findings of fact by the parties by February 5, 2016.
In re Fort Huachuca: Due to the need to coordinate discovery and trial dates in three contested cases, In re San Pedro Riparian National Conservation Area, In re Fort Huachuca and In re Redfield Canyon Wilderness Area, the Court and the Special Master jointly held a status conference on November 12, 2015, to set a comprehensive schedule. In this contested case, discovery will be completed by April 15, 2016, and trial will commence on October 3, 2016.
In re Redfield Canyon Wilderness Area: The Court and Special Master will hear argument on a motion for summary judgment filed by Freeport Mineral Corporation's on January 7, 2016. The parties must complete discovery by October 30, 2016, and trial will begin in the spring of 2017.
In re San Pedro Riparian National Conservation Area: At the status conference held on November 12, 2015, at the request of the parties, with no objection, a discovery deadline of November 30, 2016, was set and trial will be held in the fall of 2017.
In re Subflow Technical Report, San Pedro River Watershed: The evidentiary hearing regarding ADWR's Initial Progress Report concluded and the parties filed comments concerning implementation of Cone of Depression tests by November 6, 2015. Responses to those comments will be filed by ADWR.
In re PWR 107 Claims, Gila River Adjudication: At a status conference on October 28, 2015, the San Carlos Apache Tribe and the United States reported that settlement discussions were proceeding and requested additional time to complete a settlement agreement. The Special Master granted the request and also further set a March 16, 2016, date by which the San Carlos Apache Tribe must file a motion identifying the outstanding issues that must be resolved with respect to the PWR 107 Claims if no settlement is reached by February 29, 2016.
Arizona Department of Water Resources filed a final HSR for the Hopi Indian Reservation on December 18, 2015, to address the claims filed by the Hopi Tribe and the United States. Objections to the HSR must be filed by June 15, 2016, with the Clerk of the Apache County.
Court Approved Mailing Lists are updated and posted to the General Stream Adjudication Website as changes occur. Click here to see a listing of changes made between August 7, 2015, and November 4, 2015.
Link here to the calendar of proceedings.
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