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Hearings and Proceedings - July 13, 2018

Gila River Adjudication

HIGHLIGHTS
Orders added to cases:

W1-103
W1-11-2665
W1-11-3329

Applications of the Salt River Project for Injunctive Relief
Respondents David J. and Elizabeth G. Latham-Scheier, and Richard E. and Michele D. Rogers
(see Court's orders May 7, 2009, September 4, 2009, March 4, 2010, August 16, 2010, January 25, 2011, July 21, 2011, October 31, 2011, February 13, 2012, August 14, 2012, February 21, 2013, August 29, 2013, March 26, 2014, May 20, 2014, and January 17, 2017, June 9, 2017 and Special Master’s Orders January 23, 2017, March 1, 2017, July 20, 2017, October 3, 2017)

In re Subflow Technical Report, San Pedro River Watershed, Case No. W1-103
(see Court's orders August 24, 2010, December 8, 2010, December 16, 2010, February 1, 2011, April 4, 2011, May 17, 2011, July 6, 2011, August 1, 2011, February 21, 2012, April 4, 2012, May 8, 2012, August 23, 2012, October 12, 2012, October 24, 2012, January 15, 2013, May 9, 2014, June 12, 2014, March 4, 2015, May 20, 2015, July 31, 2015, August 31, 2015, September 8, 2015, September 8, 2015, September 8, 2015, September 8, 2015, December 8, 2016, July 13, 2017 and Special Master's orders January 31, 2017, February 16, 2017, March 23, 2017, April 6, 2017, October 9, 2017 October 23, 2017, October 24, 2017, October 26, 2017, December 12, 2017, January 31, 2018, February 8, 2018, March 2, 2018, March 9, 2018, March 22, 2018, March 22, 2018, March 22, 2018, March 22, 2018,March 22, 2018, March 22, 2018, May 11, 2018, May 29, 2018, June 28, 2018, July 12, 2018)

August 31, 2018
Due: ADWR small wells report
August 6, 2018
Due: Parties’ Brief
September 14, 2018
Conference – 9:30 a.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003
November 16, 2018
Due: Initial Report from ADWR on Subflow Depletion Test
January 18, 2019
Due: Comments from parties to Sublow Depletion Test
February 22, 2019
Due: Responses from ADWR to parties’ comments
March 7, 2019
Status Conference – 10:00 a.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003

In re San Pedro Riparian National Conservation Area, Contested Case No. W1-11-232
(see Special Master's orders May 24, 2010, July 14, 2010, January 24, 2011, April 9, 2012, June 7, 2012, September 27, 2012, December 13, 2012, January 24, 2013, May 29, 2013, August 7, 2013, October 17, 2013, December 13, 2013, February 19, 2014, September 16, 2014, October 9, 2014, July 24, 2015 September 3, 2015, September 3, 2015, October 6, 2015, October 14, 2015, June 14, 2016, August 17, 2016, August 19, 2016, August 22, 2016, August 30, 2016, September 1, 2016, September 1, 2016, March 21, 2017, May 15, 2017, July 20, 2017, August 8, 2017, September 1, 2017, October 27, 2017, March 9, 2018 and Court's Orders October 23, 2015, November 19, 2015, October 6, 2015, November 6, 2017, November 17, 2017, December 14, 2017, February 12, 2018, March 19, 2018, June 11, 2018, June 15, 2018)

July 16, 2018
Due: Report by U. S. expert Dr. Huntington
September 10, 2018
Due: Responses to Dr. Huntington’s report
October 15, 2018
Due: Reply in support of Dr. Huntington’s report
November 15, 2018
Due: U.S. depositions of certain experts
November 30, 2018
U.S. draft JCMP and exhibit list
December 3, 2018
Due: Motions in limine
December 5, 2018
Due: SRP proposed revisions to draft JCMP
December 13, 2018
Due: FM proposed revisions to draft JCMP and exhibit list
December 18, 2018
Due: Other parties’ revisions to draft JCMP and exhibit list
December 20, 2018
Due: Responses to Motions in Limine
December 21, 2018
Due: Revised JCMP and exhibit list filed
January 11, 2019
Status conference and oral argument on Motions in Limine
Maricopa County Superior Court
Courtroom 1202, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003
January 14, 2019
Due: Final exhibits
January 28, 2019 – January 31, 2019; February 4, 2019 – February 7, 2019; February 11, 2019 – February 14, 2019; February 25, 2019 – February 28, 2019; March 4, 2019 – March 7, 2019; and March 11, 2019 – March 14, 2019
Trial 10:30 a.m. - 4:00 p.m.
Maricopa County Superior Court
Courtroom 1201, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003

In re St. David Irrigation District Case No. W1-11-1675
(see Special Master's orders January 23, 1995, December 22, 2017, March 1, 2018)

Objections
August 17, 2018
Due: List of Claimants
October 19, 2018
Due: Objections and/or requests for additional information to current Statement of Claimant form
November 9, 2018
Due: Responses
November 15, 2018
Oral Argument – 1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003

In re Pomerene Water Users Association, Contested Case No. W1-11-1676
(see Special Master's orders March 22, 1995, April 25, 2017, July 6, 2017, July 26, 2017, October 25, 2017, January 24, 2018, April 11, 2018)

August 31, 2018
Due: New and amended Statements of Claimant
September 14, 2018
Status Conference – 1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003

In re Redfield Canyon State Claims, Contested Case No. W1-11-2665
(see Special Master's orders April 20, 2017, May 25, 2017, May 30, 2017, June 8, 2017, August 11, 2017, December 28, 2017, February 8, 2018, February 20, 2018, April 17, 2018, June 19, 2018, July 5, 2018, July 5, 2018, July 12, 2018)

July 23, 2018
Due: Assignments of SOCs filed
July 26, 2018
Hearing if assignments not filed – 9:30 a.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003
August 31, 2018
ADWR Abstract report
September 12, 2018
Due: Motions for Summary Judgment
March 4, 2019
Due: Disclosure Statements and Expert Reports
September 6, 2019
Due: Discovery
November 8, 2019
Motions filed
February 10, 2020
Trial to begin

In re Pima County Flood Control District, Contested Case No. W1-11-2690
(see Special Master's orders December 26, 2017, January 31, 2018, April 4, 2018, April 4, 2018, June 19, 2018)

August 31, 2018
Due: Settlement Report from the parties
September 14, 2018
Due: Status report regarding assignment of Certificate of Water Right
December 14, 2018
Due: Disclosure Statements and Expert Reports
June 3, 2019
Discovery completed
August 5, 2019
Due: Dispositive Motions
October 21, 2019
Trial begins
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003

In re Pima County Irrigation, Contested Case No. W1-11-2694
(see Special Master's orders January 4, 2018, January 31, 2018, April 4, 2018, June 19, 2018)

August 31, 2018
Due: Settlement Report from the parties
December 14, 2018
Due: Disclosure Statements and Expert Reports
June 3, 2019
Discovery completed
August 5, 2019
Due: Dispositive Motions
October 21, 2019
Trial begins
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003

In re Bayless & Berkalew, Contested Case No. W1-11-2696
(see Special Master's orders October 11, 2017, November 30, 2017, December 7, 2017, December 19, 2017, March 27, 2018, March 28, 2018, May 25, 2018, June 1, 2018)

July 27, 2018
Due: Suggestion corrections to proposed abstracts
August 6, 2018
Due: Updated and new claims for irrigation water rights
September 6, 2018
Due: Amended objections
Due: Arizona Department of Water Resources map

In re Asarco-Diversion, Contested Case No. W1-11-2798
(see Special Master's orders June 7, 2018)

Objections

In re Asarco- Irrigation, Contested Case No. W1-11-2801
(see Special Master's orders June 7, 2018)

Objections

In re Larsen, Contested Case No. W1-11-3310
(see Special Master's orders June 27, 2017, August 30, 2017, January 8, 2018, February 7, 2018, March 5, 2018, March 22, 2018, March 22, 2018, April 3, 2018, May 14, 2018)

In re Luebbermann, Contested Case No. W1-11-3311
(see Special Master's orders July 3, 2017, August 30, 2017, March 8, 2018, May 24, 2018)

July 18, 2018
Status /Scheduling Conference - 11:00 a.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003

In re Brighthawk LLC, Contested Case No. W1-11-3312
(see Special Master's orders June 27, 2017, August 30, 2017, October 11, 2017, March 8, 2018, May 18, 2018)

July 18, 2018
Status /Scheduling Conference - 11:30 a.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003

In re Iser, Contested Case No. W1-11-3314
(see Special Master's orders September 20, 2017, November 9, 2017)

In re Young, Contested Case No. W1-11-3315
(see Special Master's orders September 20, 2017, November 14, 2017, February 13, 2018, May 18, 2018)

In re Lester Young, Contested Case No. W1-11-3317
(see Special Master's orders September 20, 2017, November 8, 2017, February 8, 2018, June 25, 2018)

July 19, 2018
Scheduling Conference – 1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003

In re Bowers, Contested Case No. W1-11-3318
(see Special Master's order September 20, 2017, November 8, 2017, February 22, 2018, April 12, 2018, June 25, 2018)

July 19, 2018
Scheduling Conference – 1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003

In re Lackner, Contested Case No. W1-11-3326
(see Special Master's order September 15, 2017, November 6, 2017, April 4, 2017, April 30, 2018)

August 1, 2018
Due: Drafts of proposed abstracts for water rights
September 14, 2018
Status Conference – 11:30 a.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003

In re BLM-Nature Conservancy Leased Land, Contested Case No. W1-11-3329
July 12, 2018

September 28, 2018
Due: Statement from the United States regarding statements of claimant it sought to withdraw
October 26, 2018
Due: ADWR Report regarding legal descriptions and sources of water

In re Arizona Chapter of the Nature Conservancy-Salazar-Tapia Ditch, Contested Case No. W1-11-3377
(see Special Master's orders February 28, 2017, February 28, 2017, February 28, 2017, May 25, 2017, May 31, 2017, May 31, 2017, December 1, 2017, December 20, 2017, March 14, 2018, April 11, 2018, April 19, 2018, June 14, 2018)

August 15, 2018
Due: Suggested corrections to the proposed abstracts or objections to ADWR’s Report

Little Colorado River Adjudication

In re Reporting of Diversion Information and Other Objections, Civil No. 6417-033-9005
(see Special Master’s orders dated November 3, 1993, April 20, 1994).

Little Colorado River Adjudication, No. CV 6417
(see Special Master’s order July 26, 2016, and Court's orders July 15, 2016, August 29, 2017)

In re Hopi Tribe Priority, Case No. CV 6417-201
(see Special Master’s orders September 8, 2008, October 31, 2008, January 12, 2009, March 19, 2009, September 2, 2009, February 3, 2010, May 12, 2010, October 15, 2010, November 9, 2010, January 4, 2011, April 21, 2011, August 15, 2011, September 13, 2011, October 26, 2011, February 10, 2012, March 12, 2012, June 28, 2012, September 24, 2012, October 29, 2012, April 24, 2013, December 3, 2013, January 25, 2016, February 10, 2016, April 11, 2016, April 13, 2016, April 14, 2016, July 14, 2016, July 26, 2016, August 3, 2016, August 17, 2016, September 26, 2016, July 6, 2017, July 28, 2017, November 9, 2017, January 5, 2018, January 26, 2018 and Court's orders December 3, 2013, January 25, 2016, July 14, 2016, July 14, 2017, August 18, 2017, August 29, 2017, February 8, 2018)

May 31, 2019
Due: ADWR Technical Report
May 31, 2021
Due: ADWR Lower Little Colorado River subwatershed HSR

In re Hopi Reservation HSR CV6417-203
(see Special Master’s orders August 25, 2016, September 15, 2016, September 21, 2016, September 27, 2016, September 29, 2016, October 11, 2016, November 2, 2016, November 7, 2016, November 10, 2016, November 14, 2016, November 16, 2016, November 21, 2016, December 9, 2016, December 21, 2016, January 6, 2017, January 19, 2017, January 25, 2017, February 16, 2017, March 10, 2017, March 15, 2017, March 23, 2017, March 27, 2017, March 27, 2017, March 30, 2017, April 26, 2017, May 2, 2017, May 3, 2017, May 3, 2017, May 10, 2017, May 11, 2017, June 26, 2017, July 6, 2017, July 10, 2017, July 14, 2017, July 28, 2017, August 4, 2017, August 24, 2017, September 13, 2017, October 13, 2017, November 30, 2017, December 7, 2017, December 14, 2017, December 15, 2017, February 23, 2018, March 23, 2018, April 11, 2018, April 25, 2018, May 2, 2018, May 8, 2018, May 22, 2018, May 30, 2018, June 7, 2018, June 20, 2018, June 28, 2018 and Court’s orders July 14, 2016, July 15, 2016, August 29, 2017, February 8, 2018, March 16, 2018)

July 16, 2018
Due: Responses to Motions in Limine
July 18, 2018
Oral Argument on Motions in Limine and Dispositive Motions
July 24, 2018
Due: Hopi Tribe Completed photos
August 7, 2018
Due: Responses or countervailing photos
August 10, 2018
Due: Notice of depositions to photos
August 10, 2018
Due: Rebuttal expert reports from the Hopi Tribe and the United States for future water uses
August 17, 2018
Due: Depositions
August 17, 2018
Due: Responses to Navajo Nation’s expert report
August 22, 2018
Due: Motions in Limine objections to photos
August 22, 2018
Due: Joint Pre-Trial Statement
August 29, 2018
Responses to Motions in Limine or advise objections at hearing
August 29, 2018
Due: Trial Exhibits and Sealed Depositions
Oral Argument and Readiness Conference - 1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003
September 11, 2018–September 13, 2018; September 17, 2018-September 18, 2018; September 20, 2018; September 24, 2018–September 27, 2018; October 1, 2018-October 4, 2018; October 8, 2018-October 11, 2018; October 15, 2018-October 18, 2018
Trial on past and present water uses
January 18, 2019
Discovery Deadline for future water uses
March 4, 2019
Due: Dispositive Motions related to future water uses
July 1, 2019
Trial begins on future water uses

In re Navajo Nation CV6417-300
(see Special Master's orders August 11, 2016, December 8, 2016, December 28, 2016, August 10, 2017, September 13, 2017, February 23, 2018, March 21, 2018, March 23, 2018, April 24, 2018)

January 7, 2019
Due: ADWR shall issue a Preliminary HSR on historic and present stock ponds, stock and wildlife watering, domestic, commercial, municipal and industrial water uses on the Navajo Reservation
April 8, 2019
Due: Comments on Preliminary HSR
September 30, 2019
Due: ADWR Final HSR
January 7, 2020
Due: Navajo Nation and the United States shall file an amended statement of claimant for historic, present and future cultural, unique tribal, recreational, fish, wildlife and conservation, mining, heavy industrial/commercial uses on the Navajo Reservation
March 30, 2020
Due: Objections to Final HSR
May 15, 2020
Due: Claimants’ Disclosure Statements and Expert Reports
August 31, 2020
Objectors’ Disclosure Statements and Expert Reports
May 14, 2021
Due: Discovery Concludes
June 1, 2021
Due: Navajo Nation and the United States shall file amended statements of claimant for historic, present and future irrigation uses on the Navajo Nation and all water uses on land in the Little Colorado River Basin outside the boundaries of the Navajo Nation held in fee by the Navajo Nation or in trust by the United States
January 10, 2022
Trial Begins

In re Lower Little Colorado River Subwatershed CV6417-400
(see Special Master's orders March 20, 2018)

December 3, 2018
Due: Ownership Rights Report from Arizona State Land Department
May 31, 2019
Due: Technical Report from Arizona Department of Water Resources
December 9, 2019
Due: Joint Ownership Rights Report from Arizona State Land Department, United States and the Hopi Tribe
December 16, 2019
Due: Progress Report from Arizona Department of Water Resources on the Preliminary Lower Little Colorado Subwatershed HSR
January 13, 2020 - 1:30 p.m.
Status Conference
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003
May 31, 2021
Due: Preliminary Lower Little Colorado Subwatershed HSR

Recent Address Changes

All Court Approved Mailing Lists (CAMLs) are updated and posted. For future changes in the CAMLs, please forward notices of change or requests with orders to Special Master Harris for approval.

Orders and News

Meeting with the Arizona Department of Water Resources: The Special Master met with Adjudications Program Director Jeff Trembly at the Department of Water Resources (ADWR) on April 20, 2018, to discuss the creation of a data base and other methodologies to track proposed abstracts to be included in catalogs of proposed water rights. Mr. Trembly reported that ADWR has created a database for catalogs of proposed water right abstracts. The database will include aerial and topographic maps of the locations listed in the proposed abstracts and ADWR is working on the database to permit searches to be conducted of the proposed abstracts based on the various categories of information contained in the proposed abstracts.
Motion to Designate an Issue of Broad Legal Importance Regarding Forfeiture of Pre-1919 Rights
In 2017 the Ninth Circuit of Appeals entered a decision in United States v. Gila Valley Irr. Dist., 859 F. 3rd 789, finding, inter alia, that the Arizona Supreme Court had determined that statutory forfeiture applied to pre-1919 appropriative water rights. In December 2017, Salt River Project filed a motion stating that Arizona courts have not determined whether appropriative water rights acquired prior to the enactment of the 1919 Water Code are subject to loss for non-use based upon the forfeiture provisions of the 1919 Water Code. It contends that the Arizona Supreme Court did not resolve that issue in San Carlo Apache Tribe v. Superior Court, 193 Ariz. 195, 972 P. 2d 179 (1999) and requests that the court hear the issue as one of broad legal importance. Since December, parties have filed papers joining with and opposing SRP’s motion. Oral argument on the motion was held on April 19, 2018 and taken under advisement.
(see Court’s orders March 16, 2018, April 24, 2018)
In re Aravaipa Canyon Wilderness Area, Gila River Adjudication: The Special Master set an evidentiary hearing to consider five issues and requested a joint pre-hearing statement. On August 9, 2012, the Special Master set a pre-hearing schedule and clarified the scope of the technical assistance of the Arizona Department of Water Resources. On April 3, 2014, the Special Master set timelines for completing discovery and filing responses and replies concerning a motion of the United States for partial summary judgment. On June 9, 2014, the Special Master adopted the analysis implemented in another case that the Court can quantify a federal reserved water right without first determining the availability of unappropriated water on the date of the reservation.
Following a status conference held on November 6, 2014, the Court set an evidentiary hearing to consider two issues concerning the quantification of the claimed reserved water right. A site visit to the wilderness area was completed. On May 20, 2015, the Court set an oral argument to coincide with the final trial management conference to be held May 28, 2015. At the conference on May 28, 2015, the Court denied the United States’ Motion in Limine to Exclude Opportune Extraction Model and granted Salt River Project’s Motion for Partial Summary Judgment. Freeport Minerals Corporation’s Motion for Partial Summary Judgment was granted in part and denied in part. The Court completed the trial in October 2015. The parties filed post trial briefing and proposed findings of fact and conclusions of law on February 5, 2016. A decision in the case is currently pending.
In re Fort Huachuca, Gila River Adjudication: On August 11, 2016, a motion for summary judgment and three motions for partial summary judgment were heard in this matter. An order deciding those motions was issued on September 1, 2016. Trial began on October 3, 2016. It continued for two weeks and was continued until February 6, 2017. The trial concluded on February 15, 2017. Three issues were tried: (1) What is the scope of water uses encompassed by the term “military purposes”; (2) What is the quantity of water reserved to fulfill the military purposes; and (3) Are sources of water other than groundwater adequate to accomplish the military purposes, and if not, what is the quantity of groundwater required to accomplish those purposes? Post-trial briefing has been submitted by the parties. A decision in the case is currently pending.
In re San Pedro Riparian National Conservation Area, Gila River Adjudication:
On May 29, 2013, the Special Master designated three issues for an evidentiary hearing concerning the quantification of the federal reserved water rights claims, ruled on several related issues, and set time lines for filing disclosure statements, commencing and completing discovery, filing expert reports, filing substantive motions including motions in limine on the issues designated for hearing, and scheduling a status conference. On October 17, 2013, the Special Master decided two issues set for briefing in the May 29, 2013, order.

Following a status conference held on October 7, 2014, the Special Master vacated the remaining pending briefing schedule and set new time lines for the United States to provide all requested discovery, filing expert witness reports, and completing discovery. On November 21, 2014, the Special Master reviewed the matter with the parties who are diligently working to comply with the current discovery schedule.

At a status conference held on November 12, 2015, at the request of the parties, with no objections, the Court confirmed December 1, 2015, as the date by which the U.S. must name its expert, and extended the discovery cut-off date to November 30, 2016, with dispositive motions to be filed by January 30, 2017. By Order dated September 1, 2016, the Special Master permitted the U.S. to file expert rebuttal reports and extended the discovery schedule for limited purposes.

Discovery continues with respect to expert witnesses. A six week trial is scheduled to begin on January 28, 2019.
In re Redfield Canyon Wilderness Area, Gila River Adjudication: On July 9, 2014, after briefing by the parties, the Special Master issued an Order finding that Congress reserved federally owned land for the Redfield Canyon Wilderness Area which was created to protect designated wilderness areas, preserve their wilderness character, and gather and disseminate information regarding their use and enjoyment as wilderness. The Special Master further found that priority date for the water reserved for the Redfield Canyon Wilderness Area is November 28, 1900. The State Land Department and the United States subsequently filed reports regarding the ownership of the land included within the boundaries of the Redfield Canyon Wilderness Area.

On September 25, 2015, Freeport Mineral Corporation filed a motion for summary judgment seeking the dismissal of the federal reserved claims for water from sources on land not owned by the United States, and for certain springs and all constructed sources. The Court granted the motion in part and denied it in part. Subsequently, the United States moved for summary judgment arguing that it was entitled to all of the water on the reserved land based on the congressional language establishing the wildlife reserve. The Court denied the motion. Trial in the matter concluded in May 2017, and post-trial briefing was filed on May 14, 2018.
In re Hopi Tribe Priority, Little Colorado River Adjudication: On January 25, 2016, the Court issued a minute entry regarding the report filed by the Special Master on seven issues. The Court affirmed the Special Master’s finding that the Hopi Tribe holds water rights with a priority of time immemorial only in the area within Land Management District 6 and not on other tribal lands; the Hopi Tribe does not hold water rights with a priority date of 1848 as a result of the Treaty of Guadalupe Hidalgo as the treaty did not create or establish water rights; and the Hopi Tribe's aboriginal water rights were incidents of aboriginal title, and the extinguishment of the Hopi Tribe's aboriginal title to certain lands, as determined by the Commission, terminated aboriginal water rights to those lands and the Hopi Tribe is precluded from again asserting claims of aboriginal title to areas other than Land Management District 6. The Court modified the Special Master’s finding regarding the Hopi Tribe’s implied reserved water right with a priority of December 16, 1882, to the Hopi Partitioned Lands within the 1882 Executive Order Reservation to apply only to the land that the United States owned on December 16, 1882, and affirmed the priority of June 14, 1934 of Moenkopi Island. The Court remanded the case to the Special Master to take appropriate action to resolve the remaining issues. The Special Master filed a report on September 26, 2016, making findings of fact regarding the dates the United States acquired ownership of land within the boundaries of the 1882 Executive Order. In addition, proceedings have been initiated to address the claims for water rights for property owned by or on behalf of the Hopi Tribe located outside the boundaries of the Hopi Partitioned Land.
In re Applications of Salt River Project for Injunctive Relief, Gila River Adjudication: 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 hearing was held on October 5-7, 2009. On March 25, 2010, the Court issued its ruling granting the Salt River Project injunctive relief, but requiring SRP to post a $75,000.00 cash bond. The Court directed SRP to file a proposed form of judgment, and NBJ Ranch L.P. may object to it. The parties requested permission to engage in negotiations to determine if a mutual agreement can be reached. The Court set a telephonic conference on June 9, 2011, to review the status of negotiations. On June 9, 2011, the Court granted the stipulated dismissal with prejudice of SRP's application for injunctive relief against NBJ Ranch L. P. and vacated the telephonic conference. The dismissal ends this matter.

The Wiertzema Family Trust renewed its motion to dismiss based on new information obtained. The Court granted the motion. The dismissal ends this matter. The Wiertzema Family Trust requested an award of attorney's fees, expert witness and consultant fees. The Salt River Project opposed the motion. The Court requested memoranda from counsel on four questions propounded by the Court and set a hearing. On June 21, 2010, the Court held the hearing after which it requested supplemental briefing. On October 21, 2010, the Court denied the fees award requests of the Wiertzema Family Trust.

On January 19, 2010, the Court granted the stipulated dismissal without prejudice of the Salt River Project's application for injunctive relief against Kovacovich Investment Ltd. Partnership.

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. SRP 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. On February 2, 2010, the Court granted the parties' stipulation to dismiss with prejudice SRP's application against Respondents Largent concluding this portion of the litigation. On March 4, 2010, the Court vacated the pretrial conference and evidentiary hearing and granted Respondents Henry, Kasper, Ray, and Stryker until May 8, 2010, to file their response to SRP's motion for summary judgment.

On August 16, 2010, at the request of the parties, the Court extended this date to January 24, 2011. On January 25, 2011, at the request of the parties, the Court extended the date to July 15, 2011. On July 21, 2011, at the request of the parties, the Court extended the date to October 17, 2011. On October 31, 2011, at the request of the parties, the Court extended the date to January 17, 2012. On February 13, 2012, at the request of the parties, the Court extended the date to August 20, 2012. On August 14, 2012, at the request of the parties, the Court extended the date to February 20, 2013. On February 21, 2013, at the request of the parties, the Court extended the date to August 23, 2013. On August 29, 2013, at the request of the parties, the Court extended the date to February 24, 2014. On March 26, 2014, at the request of the parties, the Court extended the date to May 19, 2014. On May 20, 2014, at the request of the parties, the Court extended the date to September 15, 2014. Following this deadline, SRP withdrew its motion for summary judgment, but not its application, and reserved the right to refile the motion. A tentative settlement has been reached with two respondents.

On March 26, 2014, the Court granted the stipulated dismissal without prejudice of the Salt River Project's application for injunctive relief against Chester-Campbell, L.L.C., and Linda S. and Paul R. Robinson.
Catalog of Non-Exempt Registered Wells, Little Colorado River Adjudication: On December 18, 2009, the Arizona Department of Water Resources (ADWR) released a catalog of non-exempt registered wells located in the Eastern Little Colorado River Basin. ADWR compiled the catalog in accordance with the Zuni Indian Tribe Water Rights Settlement approved by the Court on November 27, 2006. The purpose of the catalog is to identify and verify existing, non-exempt registered wells in the area by registration number, legal description, and owner. ADWR prepared and distributed a preliminary catalog in December 2008 and received comments from several parties. This final catalog addresses comments on the preliminary and includes results from a voluntary well registration program. The settlement agreement recognizes that there could be "existing wells that are not currently registered" in the project area and specifies that a voluntary well registration program be created to allow for registration of these wells and their inclusion into the catalog. The settlement agreement allows the catalog to be supplemented with existing wells that were omitted, and well owners can object to the Court that the catalog contains an improper description of a well they own. The Zuni Tribe and United States can also object that well descriptions are inaccurate. The Court will resolve any objections as to the accuracy of the catalog. Copies of the catalog are available for review at several public locations and on ADWR's website site at www.azwater.gov (see Hot Topics).
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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