Vol. 13, No. 2
May-August 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 Bulletin relies on links as we believe that making a copy of the entire document available to our readers is better than a short summary. Always check our What's New page frequently for up-to-date notices and documents.

Arizona Supreme Court Interlocutory Appeals

In re the Preclusive Effect of the Globe Equity No. 59 Decree on Specified Parties, Gila River Adjudication: The Supreme Court has changed the date of oral argument to October 12, 2005, at 9:30 a.m..

Litlle Colorado River Adjudication

In re Phelps Dodge Corporation (Show Low Lake): On June 29, 2005, Phelps Dodge filed a motion requesting dismissal of this contested case. Phelps Dodge stated the company had abandoned its use of the waters of Show Low Creek as developed by Show Low Lake. Pursuant to the company's request for expedited consideration, Judge Eddward P. Ballinger, Jr., scheduled a telephonic conference on July 8, 2005, at 3:00 p.m. At the conference, Phelps Dodge avowed it had abandoned its water rights and will not assign or transfer them. Subsequently, Judge Ballinger ordered Contested Case No. 6417-033-0060 dismissed with prejudice, deemed all pending motions and objections moot, and, among other provisions of the order, granted the Arizona Game and Fish Commission leave to file a motion to reconsider the terms of the order. The Arizona Game and Fish Commission did not file a motion to reconsider.

On August 9, 2005, Special Master Schade lodged a proposed order dismissing the contested case. Objections to the proposed order must be filed with the Clerk of the Apache County Superior Court on or before September 9, 2005.

Governor Napolitano Vetoes Appropriation from Heritage Fund for Zuni Tribe Water Rights Settlement: The Arizona State Senate passed Senate Bill 1067 appropriating monies from the State Heritage Fund to satisfy Arizona's contribution to the Zuni Tribe water rights settlement. In her veto letter, Governor Napolitano states that while she supports the agreement, the Heritage Fund is not the proper source for funding the settlement.

Gila River Adjudication

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 were filed by more than a dozen parties. Judge Eddward P. Ballinger, Jr., has all of the briefing under advisement and on July 13, 2005, heard oral argument on the Special Master's Motion for Approval of the Report. Judge Ballinger's ruling will follow in due course.

Salt River Project's Applications for Injunctive Relief: Re Respondents Kasper, Kober, Largent, Ray, and Stryker: A scheduling conference was held on April 6, 2005. If no resolution can be reached, an evidentiary hearing is scheduled for September 15 and 16, 2005.

Salt River Project's Applications for Injunctive Relief Re Respondent Verde River Ranch, LLC: Verde River Ranch on April 11, 2005, filed a motion to deny SRP's request for relief. SRP moved to strike the motion, Verde River Ranch responded, and SRP replied. Judge Ballinger denied Verde River Ranch's motion and set a status hearing for August 19, 2005. At the status hearing, there was discussion about possible resolution within thirty days. If the matter cannot be resolved, there will be a pretrial conference on November 9, 2005, and a two-day hearing commencing on December 13, 2005.

In re Fort Huachuca: The Special Master issued a Scheduling Order concerning the determination of four issues, disclosure statements, implementation of an electronic data base of disclosed documents, discovery, briefing of the issues, a settlement meeting, and a status conference.

In re PWR 107 Claims: As a result of the March 8, 2005, status conference, the Special Master ordered the United States to provide Global Positioning Satellite descriptions to the Arizona Department of Water Resources (ADWR). ADWR was then to file a technical report and maps showing locations of the water sources being considered in this case. After ADWR's report was filed on May 16, 2005, the United States and the San Carlos Apache Tribe filed a joint report describing the progress of their settlement discussions. The Special Master has set a telephonic conference on October 13, 2005, to discuss issues raised by the status report and other matters.

Gila River and Litlle Colorado River Adjudication

In re State Trust Lands: The Special Master requested comments about procedures for this contested case. After considering the comments, the Special Master issued a Scheduling Order . The State Land Department objected to portions of the Scheduling Order and certain initial discovery and, after an expedited briefing schedule, the Special Master issued an order determining the Arizona State Land Department's objections to the Scheduling Order and discovery and resolving other procedural matters.

Other News
Petition to Amend Arizona Rule of Civil Procedure 53: The State Bar of Arizona petitioned the Arizona Supreme Court to amend Arizona Rule of Civil Procedure 53 which deals with court-appointed masters. The proposed amendments incorporate most, but not all, of the amendments made in 2003 to Federal Rule of Civil Procedure 53. The office of the Special Master submitted comments to the Supreme Court.

Rules for Proceedings Before the Special Master: The Rules are now available online.

Superior Court Electronic Filing: By 2008, electronic filing will be mandatory for all attorneys practicing in the Superior Court. In June, then-Maricopa County Superior Court Presiding Judge Colin Campbell announced the issuance of administrative orders implementing electronic filing of documents.

Superior Court Moves: Judge Eddward P. Ballinger, Jr., and his staff will relocate to the new Northeast Regional Court Center in mid-September. After the move, mail may be addressed to Judge Ballinger at 18380 N. 40th Street, Suite L, Phoenix, AZ 85032. The location is 40th Street and Union Hills.


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

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