What's New
HIGHLIGHTS
Orders issued this week in case nos.:
- W1-11-2690
- W1-11-2694
- W1-11-3326
- 6417-203
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
June 18, 2019 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, October 18, 2018, November 14, 2018, November 15, 2018,
December 20, 2018, January 7, 2019, January 22, 2019,
February 28, 2019)
- July 24, 2019
Status Conference — 1:30 p.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, November 2, 2018, January 11, 2019,
January 22, 2019, April 9, 2019)
Trial Minute Entries - Trial Worksheet
January 28, 2019, January 29, 2019, January 31, 2019,
February 1, 2019, February 5, 2019, February 6, 2019,
February 7, 2019, February 8, 2019, February 12, 2019,
February 13, 2019, February 14, 2019, February 26, 2019,
February 28, 2019, March 1, 2019, March 5, 2019,
March 6, 2019, March 7, 2019, March 8, 2019,
March 12, 2019, March 13, 2019, March 14, 2019,
March 19, 2019, April 30, 2019, April 30, 2019,
May 15, 2019, May 17, 2019
- August 30, 2019
Due: Closing Briefs - September 27, 2019
- Responses/Objections
In re Town of Huachuca, Contested Case No. W1-11-0245
(see Special Master's order June 12, 2019)
In re City of Tombstone, contested case no. W1-11-0473
(see Special Master's orders February 12, 2019, March 28, 2019, May 10, 2019,
June 6, 2019)
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, December 11, 2018, April 10, 2019,
June 10, 2019)
Consolidated Cases
October 8, 2018,
October 8, 2018,
October 8, 2018,
January 4, 2019,
April 1, 2019,
April 1, 2019,
April 1, 2019,
April 3, 2019,
April 3, 2019,
April 9, 2019,
June 28, 2019
- July 31, 2019
Disclosure Statements - August 15, 2019
Status Conference at 1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003
In re Eli and Ila Fenn, Contested Case W1-11-1691
(see Special Master's orders October 17, 2018, December 5, 2018, March 14, 2019,
May 16, 2019)
- July 31, 2019
Due: Stadtler map and corrected amended Statement of Claimant
In re Eldon J. and Shirley Barney Contested Case No. W1-11-1898
(see Special Master's orders October 24, 2018, January 4, 2019,
April 4, 2019, May 21, 2019)
- August 30, 2019
ADWR Meeting set and report
In re Leland K. and Paula F. Barney, Contested Case No. W1-11-1910
(see Special Master's orders October 15, 2018, December 5, 2018,
February 26, 2019, March 15, 2019, May 16, 2019)
- July 31, 2019
Due: Stadtler map and corrected amended Statement of Claimant
In re Chester L. Brown Contested Case No. W1-11-1912
(see Special Master's orders October 17, 2018, December 5, 2018, March 14, 2019,
May 16, 2019)
- July 31, 2019
Due: Stadtler map and corrected amended Statement of Claimant
In re Max J. and Donna Kartchner, Contested Case No. W1-11-1986
(see Special Master's orders April 22, 2019, May 9, 2019, June 28, 2019,
July 2, 2019)
- September 20, 2019
Parties' Reports
In re Town of Mammoth, Contested Case No. W1-11-2325
(see Special Master's order June 18, 2019)
In re Magma Copper - De Minimis, Contested Case No. W1-11-2421
(see Special Master's orders July 12, 2018, August 30, 2018, February 14, 2019,
February 22, 2019, February 25, 2019, March 26, 2019,
June 6, 2019)
- August 5, 2019
Due: Suggested corrections to proposed abstracts
In re Magma Copper - Mining, Contested Case No. W1-11-2428
(see Special Master's orders July 13, 2018, August 30, 2018, February 14, 2019,
February 22, 2019, February 25, 2019, March 26, 2019)
- March 31, 2020
Due: Joint report on location of wells relative to the lateral boundaries of the subflow zone
- September 25, 2020
Due: Amended watershed file report
In re Magma Copper - Irrigation, Contested Case No. W1-11-2503
(see Special Master's orders July 12, 2018, August 30, 2018, February 14, 2019,
February 22, 2019, February 25, 2019, March 26, 2019)
- September 25, 2020
Due: Amended watershed file report
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 25, 2018,
September 18, 2018, October 31, 2018, November 20, 2018,
December 13, 2018, February 15, 2019, March 11, 2019,
April 23, 2019, May 23, 2019, June 7, 2019,
June 10, 2019, June 26, 2019)
- August 6, 2019
Due: United States’ Supplemental Response regarding proposed abstracts - August 6, 2019
Due: Suggested comments to proposed abstracts - August 9, 2019
Due: Suggested comments to proposed abstracts
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, October 10, 2018,
November 16, 2018, November 19, 2018, November 20, 2018,
December 7, 2018, January 31, 2019, February 25, 2019,
March 1, 2019, March 1, 2019, March 4, 2019,
March 20, 2019, May 2, 2019, May 31, 2019,
June 14, 2019, June 17, 2019, June 17, 2019,
July 16, 2019)
- July 22, 2019
Joint Settlement Report - July 31, 2019
ADWR Report - August 2, 2019
Discovery completed - September 3, 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,
October 9, 2018, November 20, 2018, December 7, 2018,
December 10, 2018, December 18, 2018, January 9, 2019,
January 31, 2019, February 25, 2019, March 1, 2019,
March 1, 2019, May 31, 2019, June 14, 2019,
June 14, 2019, June 14, 2019, July 16, 2019)
- August 2, 2019
Discovery completed - September 3, 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, August 8, 2018,
October 2, 2018, October 12, 2018, October 23, 2018,
December 6, 2018, December 13, 2018)
- August 30, 2019
Due: Amended Statements of Claimant - October 1, 2019
Due: Objections to amended Statements of Claimant
In re Asarco-Diversion, Contested Case No. W1-11-2798
(see Special Master's orders June 7, 2018, July 25, 2018,
December 21, 2018, February 14, 2019, March 29, 2019,
May 23, 2019)
In re Asarco- Irrigation, Contested Case No. W1-11-2801
(see Special Master's orders June 7, 2018, July 25, 2018, December 21, 2018,
February 14, 2019, March 29, 2019, May 23, 2019)
In re State Land Department – Paul L. Sale Investment Co., Contested Case No. W1-11-2805
(see Special Master's order June 24, 2019)
- October 18, 2019
Due: SRP Status Report - November 1, 2019
Status Conference – 1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003
In re Salt River Project – River Preserve I, Contested Case No. W1-11-3103
(see Special Master's order June 25, 2019)
- October 18, 2019
Due: SRP Status Report - November 1, 2019
Status Conference – 1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003
In re Salt River Project – River Preserve II, contested case no. W1-11-3104
(see Special Master's order June 25, 2019)
- October 18, 2019
Due: SRP Status Report - November 1, 2019
Status Conference – 1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003
In re Salt River Project – River Preserve III, contested case no. W1-11-3105
(see Special Master's order June 25, 2019)
- October 18, 2019
Due: SRP Status Report - November 1, 2019
Status Conference – 1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003
In re Paul L. Sale Invest Co., Contested Case No. W1-11-3107
(see Special Master's orders May 6, 2019, May 9, 2019, June 24, 2019,
June 24, 2019)
- October 18, 2019
Due: SRP Status Report - November 1, 2019
Status Conference – 1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona 85003
In re SRP-Irrigation, Contested Case No. W1-11-3194
(see Special Master's orders January 28, 2019, April 8, 2019, May 29, 2019,
June 28, 2019)
- July 29, 2019
Due: SRP Stipulated Settlement - August 15, 2019
If no Settlement -
Scheduling Conference – 2:00 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
Phoenix, Arizona 85003
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, August 6, 2018,
October 23, 2018, December 31, 2018, February 25, 2019,
February 25, 2019, April 24, 2019)
In re Bowers, Contested Case No. W1-11-3318
(see Special Master's orders September 20, 2017, November 8, 2017,
February 22, 2018, April 12, 2018, June 25, 2018,
August 21, 2018, August 28, 2018, January 4, 2019,
June 7, 2019)
In re Geldmacher, Contested Case No. W1-11-3320
(see Special Master's order June 7, 2019)
In re Aravaipa Farm, LLC, Contested Case No. W1-11-3321
(see Special Master's order June 7, 2019)
In re Ouillette, Contested Case No. W1-11-3322
(see Special Master's order June 7, 2019)
In re Wallace, Contested Case No. W1-11-3323
(see Special Master's order June 7, 2019)
In re Joel William Rubin, Contested Case No. W1-11-3324
(see Special Master's order June 7, 2019)
In re Lackner, Contested Case No. W1-11-3326
(see Special Master's orders September 15, 2017, November 6, 2017,
April 4, 2017, April 30, 2018, September 5, 2018,
September 26, 2018, November 8, 2018, November 16, 2018,
January 8, 2019, January 10, 2019, April 1, 2019
April 2, 2019, April 5, 2019, April 5, 2019,
June 11, 2019, June 11, 2019, June 17, 2019,
June 17, 2019, July 16, 2019)
In re BLM-Nature Conservancy Leased Land, Contested Case No. W1-11-3329
(see Special Master's orders July 12, 2018, November 16, 2018, February 19, 2019,
February 19, 2019, April 9, 2019)
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, September 4, 2018, February 5, 2019,
April 1, 2019, April 8, 2019, May 16, 2019,
June 13, 2019)
- July 24, 2019
Status Conference - 3:00 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona
In re Alex Pacheco and Christine Salazar Pacheco, Contested Case No. W1-11-3378
(see Special Master's order March 26, 2019, May 21, 2019)
- July 26, 2019
ADWR meeting set
In re Miguel Miranda et al., Contested Case No. W1-11-3379
(see Special Master's order March 28, 2019, May 21, 2019)
- July 26, 2019
ADWR meeting set
In re Sandra Fraser, Daniel and Cindy Tapia, and Norma Luepke, Contested Case No. W1-11-3380
(see Special Master's order March 28, 2019, May 21, 2019)
- July 26, 2019
ADWR meeting set
In re Arizona Chapter of the Nature Conservancy - Argo Land, Contested Case No. W1-11-3382
(see Special Master's orders February 7, 2019, April 8, 2019)
- July 24, 2019
Scheduling Conference - 3:00 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona
In re W. H. Claridge, Contested Case No. W1-11-3394
(see Special Master's order July 3, 2019)
- August 7, 2019
Status Conference - 1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona
In re Anthony Lunt - State Trust Land, Contested Case No. W1-11-3441
(see Special Master's order April 30, 2019)
In re Anthony Lunt - Stockponds, Contested Case No. W1-11-3449
(see Special Master's order April 29, 2019)
In re Anderson Development Corp., Contested Case No. W1-11-3450
(see Special Master's order July 3, 2019)
- August 7, 2019
Status Conference - 1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix, Arizona
In re Anthony Lunt - Irrigation, Contested Case No. W1-11-3451
(see Special Master's order April 29, 2019)
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, June 10, 2019
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, March 11, 2019)
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 16, 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,
July 19, 2018, July 19, 2018, July 25, 2018,
July 26, 2018, July 27, 2018, July 27, 2018,
July 31, 2018, August 1, 2018, August 1, 2018,
August 6, 2018, August 8, 2018, August 9, 2018,
August 15, 2018, August 16, 2018, August 16, 2018,
August 20, 2018, August 22, 2018, August 23, 2018,
August 28, 2018, September 5, 2018, September 27, 2018,
September 28, 2018, October 1, 2018, October 8, 2018,
October 22, 2018, December 17, 2018, December 20, 2018,
January 8, 2019, January 23, 2019, February 1, 2019,
March 7, 2019, March 21, 2019, April 4, 2019,
April 16, 2019, April 16, 2019, April 26, 2019,
May 21, 2019, June 1, 2019, July 17, 2019
and Court's orders July 14, 2016, July 15, 2016,
August 29, 2017, February 8, 2018)
Trial Minute Entries
September 24, 2018, September 24, 2018, September 24, 2018,
September 24, 2018, September 24, 2018, October 1, 2018,
October 1, 2018, October 1, 2018, October 2, 2018,
October 2, 2018, October 8, 2018, October 8, 2018,
October 10, 2018, October 11, 2018, October 15, 2018,
October 15, 2018, October 15, 2018, October 15, 2018,
October 24, 2018, October 24, 2018, October 24, 2018,
October 24, 2018, November 6, 2018, November 6, 2018,
November 6, 2018, November 6, 2018, November 7, 2018,
November 9, 2018, November 8, 2018, November 8, 2018,
November 19, 2018, November 19, 2018, December 18, 2018
December 21, 2018, December 26, 2018, December 31, 2018
- September 30, 2019
Objections to Special Master’s (SM’s) Draft Report - November 11, 2019
Responses to objections to SM’s Draft Report - December 20, 2019
Discovery Deadline for future water uses - January 29, 2020
Due: Dispositive Motions related to future water uses - April 9, 2020
Due: Motions in Limine - June 1, 2020
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,
September 26, 2018, November 29, 2018, December 21, 2018,
December 24, 2018, January 3, 2019, January 8, 2019,
January 29, 2019, February 5, 2019, April 16, 2019,
May 2, 2019, May 6, 2019, July 2, 2019,
July 2, 2019)
- July 15, 2019
Responses to Navajo Nation Motion - September 9, 2019
Parties’ position regarding exclusion
United States’ list of allotments
Procedure and schedule to notify Allottees - October 4, 2021
Responses - October 16, 2021
Status Conference -1:30 p.m.
Maricopa County Superior Court
Courtroom 301, Central Court Building
201 West Jefferson
Phoenix Arizona 85003 - December 2, 2019
Due: ADWR Final HSR - June 1, 2020
Due: Objections to Final HSR - July 6, 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 - January 15, 2021
Due: Claimants' Disclosure Statements and Expert Reports - April 30, 2021
Objectors' Disclosure Statements and Expert Reports - December 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 14, 2022
Due: Discovery Concludes - September 12, 2022
Trial Begins
In re Lower Little Colorado River Subwatershed CV6417-400
(see Special Master's orders March 20, 2018, May 16, 2019)
- July 30, 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 27, 2020
Due: Objections to ADWR Report - February 5, 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
- 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.
- Meeting between Court and ADWR. On July 19, 2019 at 1:30 p.m. Judge Brain and Special Master Harris will meet with the Director of ADWR,
the Adjudications Section Manager and ADWR legal counsel to discuss planning future actions in the Gila Adjudication based on available resources.
- 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 argued 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 requested that the court hear the issue as one of broad legal importance. Following oral argument, the court denied Salt River Project's motion on August 15, 2018. Salt River Project filed a Petition for Interlocutory Review of the court's decision, which Freeport Mineral Corporation joined on November 5, 2018. (see Court's orders March 16, 2018, April 24, 2018, August 15, 2018). - Motion for Adoption of a Special Procedural Order
On August 23, 2018, a motion was filed with the Arizona Supreme Court requesting the issuance of an order for the review and approval of water rights settlements involving non-Indian claimants and certain non-Indian federal water rights claims. The proposed order would create a procedure for court review of the settlements of claims for water rights, for the filing objections and responses to settlement agreements and authorize the entry of a final judgment adjudicating water rights binding on all parties to the Adjudications. Under the proposal, Arizona Department of Water Resources, the court's expert, would prepare a report on a list of issues concerning the settlement agreement and the claimed water rights. - 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 January 28, 2019, trial began on the United States claims for federal reserved water rights for the San Pedro Reservation National Conservation Area.
Trial is expected to conclude in May 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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