Vol. 13, No. 1
January-April 2005

Welcome to the Online Arizona General Stream Adjudication Bulletin

The Bulletin is published three times a year by the Office of the Special Master to provide information about proceedings in the Gila River Adjudication and the Little Colorado River Adjudication.



Office of the Special Master Maricopa Superior Court

Central Court Building 5B
201 West Jefferson
Phoenix, AZ 85003-2205
Tel. 602-372-4115
The New Look

We have received many positive comments about the new look of the Bulletin. The changes make it easier to find articles and go directly to documents of interest. This design relies on links as it is believed that making a copy of the entire document available to our readers is better than a short summary. As always, check our What's New page frequently for up-to-date notices and documents. If you have a suggestion or a great idea, tell us - our commitment is to provide you with meaningful information in readable style.

Arizona Supreme Court Interlocutory Appeals

In re the Preclusive Effect of the Globe Equity No. 59 Decree on Specified Parties, Gila River Adjudication: A joint status report from the parties was filed on January 14, 2005, followed by a telephonic presubmittal conference on February 2, 2005. The Court issued its order on February 23, 2005, setting forth the schedule for briefs and oral argument.

The Gila River Indian Community (GRIC) filed a motion requesting the Court to consider a portion of its pending petition for interlocutory review concurrently with the petition filed by the San Carlos Apache Tribe. The United States filed a similar motion requesting the Court to consider its earlier petition concurrently with that of GRIC and the San Carlos Apache Tribe. On April 20, 2005, the Supreme Court denied concurrent review.

Little Colorado River Adjudication

In re Phelps Dodge Corporation (Show Low Lake): ADWR filed the supplemental HSR on January 30, 2005. The Department then mailed an objection packet to: all persons on the mailing list for the contested case; all persons on the Little Colorado River Adjudication Court-Approved Mailing List; all claimant and nonclaimant water users in the Silver Creek Watershed; all persons who filed objections to the 1990 Final Silver Creek Watershed HSR; and every other claimant in the Little Colorado River Adjudication. The packet includes instructions about whether and how to file an objection to Phelps Dodge's water right claims to Show Low Lake. The last day to file objections is August 1, 2005.

On April 19, 2005, the Special Master held a status conference at the Pinetop-Lakeside Council Chambers. The primary purpose of the status conference was to discuss with the parties the procedures that will be followed during and after the objection phase and to answer any questions that have arisen since the supplemental HSR was filed. Pending motions were reviewed and discussed.

Gila River Adjudication

Salt River Project's Applications for Injunctive Relief: On April 6, 2005, Judge Eddward P. Ballinger, Jr. conducted a telephonic scheduling conference concerning five respondents to one of the applications for injunctive relief. As a result of the scheduling conference, an order was issued setting responses and disclosure statements due on June 1, 2005, in preparation for an evidentiary hearing set for September 7, 2005. The matters involving the other respondents will be taken up after the Court has ruled on the Special Master's report on subflow issues.

In re Fort Huachuca: On March 8, 2005, Special Master Schade held a status conference concerning this contested case.

In re PWR 107 Claims: Also on March 8, 2005, Special Master Schade conducted a status conference in this contested case. An order was issued on March 15, 2005. The San Carlos Apache Tribe seeks global positioning system (GPS) descriptions of the locations of several springs near its Reservation's boundary. After the United States provides GPS data to the Arizona Department of Water Resources (ADWR), ADWR will produce a technical report and appropriate maps showing the locations of all the water sources being considered in this case. That report is due on or before May 16, 2005.

In re Subflow Technical Report, San Pedro River Watershed: The Special Master filed his report to the Superior Court on July 16, 2004. Objections to the report, responses, and replies have been filed by more than a dozen parties. Judge Eddward P. Ballinger, Jr., has all of the briefing under advisement and will hear oral argument on the Special Master's Motion for Approval of the Report on July 13, 2005, in Courtroom 309, Old Courthouse, 125 West Washington, Phoenix, Arizona.

Gila River and Little Colorado River Adjudication

In re State Trust Lands: Judge Eddward P. Ballinger, Jr. directed the Special Master to organize a contested case to hear the State Land Department's motions for partial summary judgment concerning the existence of federal reserved water rights for state trust lands. The Special Master requested comments about procedures for this contested case. Comments were submitted on April 15, 2005, and the Special Master has them under consideration.

Other News
The Court Meets with the Arizona Department of Water Resources: Mr. Herb Guenther, the Director of the Arizona Department of Water Resources, requested a meeting with the Court to discuss administrative and technical matters of mutual concern to the Department and the Court. A meeting was held on April 21, 2005, to consider the current and prospective levels of resources available for adjudication projects and other matters related to insuring that pending proceedings move forward as expeditiously as possible.

New Sourcebook for Addressing Tribal Water Claims: Former Special Master John E. Thorson is one of three authors of a new book published by the University of Arizona Press titled Negotiating Tribal Water Rights: Fulfilling Promises in the Arid West. The foreword states that "by providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for all - tribal councils, legislators, water professionals, attorneys - who need a basic understanding of the complexities of the situation."


Link here to the calendar of proceedings on the Special Master's web site.

Arizona General Stream Adjudication Bulletin
January - December 2004

From the first issue (April 1993) through 1997, the Bulletin was published 10 times each year (monthly, except July and December). From January 1998 to July 2000, the Bulletin was published quarterly. After that time, printed editions were published for August-December 2000 and January-May 2001. The first online edition was dated June-August 2001. Subsequent issues will be published only online in January, May, and September (or more frequently as events warrant). All issues since October 1996 are available on our Web site; contact the Office of the Special Master for earlier issues.

Previous indexes are in the following issues: April 1995, April 1996, April/May 1997, April-July 1998, March/April 1999, April-July 2000, September-December 2001, and September-December 2003. Most issues contain articles titled "Gila River Proceedings" and "Little Colorado River Proceedings."

Court Signs Order Approving and Modifying the Special Master's Report Regarding Supplemental Contested Case Procedures (Contested Case No. W1-11-1174):
January-April 2004

Gila River Adjudication Proceedings:
Arizona Water Settlements Act
September-December 2004

Court Rules on Long Standing Motions
January-April 2004

In re Coronado National Memorial, Contested Case No. W1-11-556 and W1-11-1132
January-April 2004

In re Fort Huachuca, Contested Case No. W1-11-605
September-December 2004

In re PWR 107 Claims, Contested Case No. W1-11-1174
January-April 2004, May-August 2004, September-December 2004

In re San Pedro Riparian National Conservation Area (SPRNCA), Contested Case Not Yet Initiated
May-August 2004

Salt River Project's Applications for Provisional Injunctive Relief
May-August 2004; September-December 2004

Interlocutory Review Issues:
Petitions for Interlocutory Review (W1-203 and W1-206) Under Consideration by Arizona Supreme Court
May-August 2004; September-December 2004

Joint Status Hearing (Gila River Adjudication and Little Colorado River Adjudication):
May-August 2004; September-December 2004

Little Colorado River Adjudication Proceedings:
Arizona Supreme Court Issues Orders Regarding Settlement Judge
January-April 2004

Court Meets with Settlement Committee
May-August 2004; September-December 2004

In re Phelps Dodge Corp. (Show Low Lake), Contested Case No. 6417-033-0060
January-April 2004; May-August 2004; September-December 2004

Status Conference
January-April 2004

Zuni Indian Tribe Settlement Agreement
January-April 2004; May-August 2004

People in the Bulletin:
Frank C. Brophy, Jr.
September-December 2004

Subflow Technical Report (San Pedro River), Contested Case No. W1-103:
January-April 2004; May-August 2004; September-December 2004

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