in re lester young
TRANSCRIPT
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Kimberly R. Parks (Bar No. 032828) Janet L. Miller (Bar No. 011963) Arizona Department of Water Resources Legal Division P.O. Box 36020 Phoenix, Arizona 85067 Telephone: 602-771-8472 Fax: 602-771-8687 [email protected] [email protected]
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF MARICOPA
IN RE THE GENERAL ADJUDICATION OF ALL RIGHTS TO USE WATER IN THE GILA RIVER SYSTEM AND SOURCE
W-1 (Salt) W-2 (Verde) W-3 (Upper Gila) W-4 (San Pedro) (Consolidated) Contested Case No. W1-11-3317 ARIZONA DEPARTMENT OF WATER RESOURCES’ MEETING REPORT (Special Master Susan Ward-Harris)
CONTESTED CASE NAME: In re Lester Young HSR INVOLVED: San Pedro River Watershed Hydrographic Survey Report DESCRIPTIVE SUMMARY: The Arizona Department of Water Resources (“ADWR”) provides the Meeting Report as requested by the Court in the Case Management Order dated February 8, 2018. NUMBER OF PAGES: Four and Six-page Attachment DATE OF FILING: April 2, 2018.
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Pursuant to the Case Management Order in this matter dated February 8, 2018,
ADWR hereby files its Meeting Report pursuant to Rule 8.02[1][c], addressing the results
of the meeting between ADWR personnel and the claimant and objectors for the above
contested case. A copy of ADWR’s Meeting Report is being posted to ADWR’s web site.
MEETING DETAILS
The meeting took place at the ADWR offices located at 1110 W. Washington
Street, Phoenix, Arizona 85007 on March 26, 2018 at 9:00am. Present at the meeting
were Jeff Trembly, David Keadle, and Kimberly Parks representing ADWR, and Mark
McGinnis, Jeff Heilman, and Rodney Held representing the Salt River Project (“SRP”).
Appearing telephonically were Joe Sparks on behalf of the San Carlos Apache Tribe
(“SCAT”) and the Tonto Apache Tribe (“TAT”), Jay Tomkus on behalf of the Yavapai-
Apache Nation (“YAN”), Lee Leininger and Patrick Barry on behalf of the United States,
and Thomas Murphy on behalf of the Gila River Indian Community (“GRIC”). Nathan
Young was not in attendance.
MEETING OUTCOMES
An agreement on the objections to the watershed file report has not been reached;
however, the parties made substantial progress in discussing what subsequent actions
should be taken in order to move the outstanding objections towards possible resolution.
At this time, the objectors have requested that the claimant provide ADWR with
documentation showing the complete chain of title from the original land owner to the
current land owner along with proof of irrigation on the lands in question; the parties
believe that this additional information will resolve inconsistencies in ADWR’s records
and allow for resolution of many of the outstanding objections. Additionally, some
parties indicated that they would be open to dismissing some of their objections if
agreement is reached on the majority of the outstanding objections. ADWR has prepared
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three attachments to assist the parties in reaching a resolution. Attachment A is a map
from the State Water Commissioner’s Gila River Determination displaying the results of a
1921 survey of irrigated lands on Aravaipa Creek. The map shows irrigated lands in the
southwest quarter of Section 34, T6S, R17E associated with the name “W.H. Row”;
records in this case indicate that W. H. Row was the original homesteader of the subject
lands.
Attachment B is a copy of the Pinal County Assessor map used to draw the
Watershed File Report boundaries shown in the 1991 San Pedro River Hydrographic
Survey report.
Attachment C shows the current parcel boundaries and ownership as provided by
the Pinal County Assessor’s office in March 2017.
LOCATION OF WELLS
Attachment C also shows the location of the wells that are the source of the
domestic water used within each Watershed File Report and their relationship to the
subflow zone. The wells are located within the subflow zone.
DATE FOR NEXT MEETING
Within the next thirty (30) days, the claimant should provide ADWR with the
information described above so that ADWR can provide this additional information to the
objectors for review. The parties have indicated that upon receipt of sufficient
information, it is likely that an agreement on the outstanding objections can be reached.
The next meeting in this matter will take place at the ADWR offices on a date and
time to be scheduled by ADWR upon receipt of the information referenced above.
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DATED this 2nd day of April, 2018.
ORIGINAL of the foregoing sent by first-class mail on April 2, 2018, to:
Clerk of the Maricopa Superior Court Attn: Water Case 601 W. Jackson Street Phoenix, Arizona 85003
COPIES of the foregoing sent by first-class mail on April 2, 2018, to:
Special Master Susan Ward-Harris Maricopa County Central Court Building Central Court Building 201 West Jefferson Street, Suite 3A Phoenix, AZ 85003-2205
COPIES of the foregoing sent by first-class mail on April 2, 2018 to
ARIZONA DEPARTMENT OF WATER RESOURCES
Ki~Counsel Janet L. Miller, Deputy Counsel
all parties on the court-approved mailing list for Contested Case No. Wl-11-3317.
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ATTACHMENT A
ATTACHMENT A
ATTACHMENT B
ATTACHMENT B
ATTACHMENT C
!(
!(
!(!( 115-04-ADB-010
115-04-ADB-008
115-04-ADB-006
115-04-ABD-007
USA300028
30029003AYOUNG HAROLD D & NANCY L TRS
30041002CCRAM THOMAS R
30042010EJOHNSTON EMILY R TR
NAP
300290050CRAM THOMAS R
30029003BBRASELL SHERRIE LOU
30029003GKAPLAN GLORIA
30029003HYOUNG LEMUEL B TRUST
30029003FDAHL ROBERT O & SARAH CO-TRS
30029003CARAVAIPA RANCH LLC
300287020
USA300028
30041001JCRAM THOMAS R
30029006BMURRAY STEPHEN M
30042010GBUCK HILL FALLS LLC
30042010FRANCH AT HOLY JOE CANYON LLC
30029003DYOUNG HAROLD D & NANCY L TRS
300290040RICHARDSON RUSSELL L & SHEILA C
30041002DFOX HUGH M
30041003BRICHARDSON RUSSELL L & SHEILA C
30042001GTHE NATURE CONSERVANCY
34
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Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
Contested Case W1-11-3315Watershed File Reports
115-04-ADB-006, 115-04-ADB-007,115-04-ADB-010
ADWR March 2018
T06S R17E Section 34
Legend
0 250 500125Feet
Aravaipa Subwatershed
±
In re Young
!( Domestic WellsSubflow ZonePinal CountyParcelsSection
In re Lester Young Contested Case W1-11-3317
Watershed File Report115-04-ADB-008
ATTACHMENT C