Opinion
No. 01cv00072-BB Subfile No: ZRB-3-0024
12-13-2011
UNITED STATES OF AMERICA, for Itself and as Trustee for the Zuni Indian Tribe, Navajo Nation and Raman Band of Navajos and STATE OF NEW MEXICO, ex rel. STATE ENGINEER, Plaintiffs, and ZUNI INDIAN TRIBE, NAVAJO NATION, Plaintiffs in Intervention, v. STATE OF NEW MEXICO COMMISSIONER OF PUBLIC LANDS, and A & R PRODUCTIONS, et al. Defendants.
ZUN1 RIVER BASIN ADJUDICATION
Sub-area 7
CONSENT ORDER
The Court, having considered the agreement between the Plaintiffs, the United States of America ("United States") and the State of New Mexico ex rel. State Engineer ("State"), and:
CANDY KITCHEN AREA WATER COOPERATIVE ASSOCIATION("Defendant") concerning the Defendant's right(s) to use the public waters of the Zuni River Stream System, Sub-area 7, as set forth below FINDS:
1. The Court has jurisdiction over the United States, the State, the Defendant and the subject matter of this suit.
2. As evidenced by the parties' signatures below, the United States, the State, and the Defendant are in agreement concerning all elements of the right(s) of the Defendant set forth in paragraph 4 of this Consent Order to divert and use the public waters of the Zuni River Stream System, Sub-area 7. This Consent Order and the parties' respective signatures below evidence the entire agreement between the United States, the State, and the Defendant regarding the elements of the water right(s) adjudicated by this Consent Order.
3. There is no just reason to delay entry of this Consent Order as a final judgment as between the United States, the State, and the Defendant regarding the elements of the claims of the Defendant adjudicated by this Consent Order.
4. The right(s) of the Defendant to divert and use the public waters of the Zuni River Stream System, Sub-area 7, is as set forth below:
WELL
Map Label: 7A-3-W16
OSE File No: None
Priority Date: 3/13/1994
Purpose of Use: COMMUNITY TYPE USE - MDWCA, PRIVATE OR COMMERCIAL SUPPLIED
Well Location: As shown on Hydrographic Survey Map 7A-3
S. 22 T. 08N R. 16W 1/4,1/16,1/64: SW SE NW
X(ft): 2,518,868 Y(ft): 1,420,940
New Mexico State Plane Coordinate System, West Zone, NAD 1983
Amount of Water (ac-ft per annum): Historical beneficial use not to exceed 2.47 acre-feet per annum;
WELL
Map Label: 7A-3-W18
OSE File No: G 1450
Priority Date: 12/31/1969
Purpose of Use: COMMUNITY TYPE USE - MDWCA, PRIVATE OR COMMERCIAL SUPPLIED
Well Location: As shown on Hyolographic Survey Map 7A-3
S. 22 T. 08N R. 16W 1/4,1/16,1/64: SW SE NE
X(ft): 2,519,060 Y (ft): 1,420,638
New Mexico State Plane Coordinate System, West Zone, NAD 1983
Amount of Water (ac-ft per annum): Historical beneficial use not to exceed 2.47 acre-feet per annum;
5. Defendant has no right to divert and use the public waters of the Zuni River Stream System, Sub-areas 7, except as set forth in this Consent Order and other orders entered by this Court in this cause.
6. The Defendant, and Defendant's successors, representatives, heirs and assigns, should be enjoined from any diversion or use of the public waters of the Zuni River Stream System, Sub-areas 7, except in strict accordance with this Consent Order and other orders of the Court in this cause.
7. The water right(s) described herein, if any, are adjudicated as between the United States, the State, and the Defendant, subject to the right of any other water right claimant with standing to object prior to the entry of a final decree.
IT IS THEREFORE ORDERED that the right(s) of the Defendant to divert and use the public waters of the Zuni River Stream System, Sub-areas 7, are adjudicated as set forth herein, as between the United States, the State, and the Defendant. The Defendant, and Defendant's successors, representatives, heirs and assigns, are hereby enjoined from any diversion or use of the public waters of the Zuni River Stream System, Sub-areas 7, except in strict accordance with this Consent Order and other orders of this Court in this cause. The Court enters this Consent Order as a partial final judgment, binding on the United States, the State, and the Defendant as to the elements of Defendant's water right(s) set forth herein, subject to the right of any other water right claimant with standing to object prior to the entry of a final decree, and subject to the terms of the final decree in this proceeding.
____________
BRUCE D. BLACK
UNITED STATES DISTRICT JUDGE
Recommended for approval:
Not Required
VICKIE L. GABIN
SPECIAL MASTER
ACCEPTED:
CANDY KITCHEN AREA WATER
COOPERATIVE ASSOCIATION
COUNSEL FOR THE DEFENDANT (IF REPRESENTED):
COUNSEL FOR THE UNITED STATES:
BRADLEY S. BRIDGE WATER
U.S. Department of Justice
COUNSELLOR THE STATE OF NEW, MEXICO EX MEL. STATE ENGINEER:
Special Assistant Attorney General
Office of the State Engineer
Approved:
Lorenzo F. Garcia
United States Magistrate Judge