in re lester young

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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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Page 1: In re Lester Young

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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.

Page 2: In re Lester Young

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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

Page 3: In re Lester Young

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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.

Page 4: In re Lester Young

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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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Page 5: In re Lester Young

ATTACHMENT A

Page 6: In re Lester Young

ATTACHMENT A

Page 7: In re Lester Young

ATTACHMENT B

Page 8: In re Lester Young

ATTACHMENT B

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ATTACHMENT C

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!(

!(

!(!( 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

03

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04

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