Opinion
6:69-cv-07941-BB.
June 2, 2010
RIO CHAMA STREAM SYSTEM Section 7, Rito de Tierra Amarilla Subfile No.: CHTA-003-0011
NOTICE AND ORDER TO SHOW CAUSE
SALOMON A. LUNA
P.O. BOX 85
TIERRA AMARILLA NM 87575
FRANK D. LUNA, IV
24796 SUNSTAR LANE
DANA POINT CA 92629
GILBERT LUNA, SR.
544 BARLANE PL., NW
ALBUQUERQUE NM 871075447
HILARIO LUNA
c/o MARIE DENISE LUNA TEACH
16428 MARTIN LANE
HUNTINGTON BEACH CA 92649
MARCELLA HASSON
13148 LA JOYA CIR., 303B
LA MIRADA CA 90638
ESTATE OF OLIVIA CARMODY
c/o DEBBIE JENSEN, PR
7952 PALM AVE.
YUCCA VALLEY CA 92284
ESTATE OF ESTHER BRUNO
c/o GIBERT BRUNO
31623 MEADOW LANE
WINCHESTER CA 925969684
EMILIE LUNA ANTHONY
1456 SOUTH HIGHLAND AVE.
FULLERTON CA 92832
Subfile No.: CHTA-003-0011
Ditch or Acequia
Priority Dates
You are hereby notified that the Court has entered an order requiring you to file an objection with the Court if you disagree with the State's proposed determination of the priority date of your water right and ditch, or the priority date for any other community or private ditch in the Rito de Tierra Amarilla Subsection of Section 7 ("Tierra Amarilla Subsection"). The priority dates proposed for these ditches are:
DITCH PRIORITY DATE Ismael Ulibarri Ditch 1870 Sena Ditch 1870 Nutritas Ditch No. 1 1870 Unnamed Ditch No. 1 1870 Lujan Ditch 1870 Labrier Ditch 1870 Nutritas Ditch No. 2 1861 Tierra Amarilla Community Ditch 1861 Trujillo Ditch 1887 Manzanares Ditch 1887 Unnamed Ditch No. 2 1887 Briggs Ditch 1887 These priority dates described above will apply to all individual irrigation water rights served by the ditches listed, unless you or other individual water rights holders file objections.Irrigation Water Requirements
In addition, you are hereby notified that the Court has entered an order requiring you to file an objection with the Court if you disagree with the State's proposed determination of the irrigation water requirements for surface water irrigation use in the Tierra Amarilla Subsection as described below:
a. The weighted consumptive irrigation requirements (CIR) is 1.05 acre-feet per acre per annum.
b. The farm delivery requirement (FDR) is 2.63 acre-feet per acre per annum.
c. The project diversion requirement (PDR) is 4.38 acre-feet per acre per annum.
The term "Consumptive Irrigation Requirement" (CIR) refers to the quantity of water, expressed in acre-feet per year, exclusive of effective precipitation, that is consumptively used by plants or is evaporated from the soil surface during one calendar year. The term "Farm Delivery Requirement" (FDR) refers to the quantity of water expressed in acre-feet per acre per year, exclusive of effective precipitation, delivered to the farm headgate or which is diverted from a source of water which originates on the farm itself, such as a well or spring, necessary to satisfy the consumptive irrigation requirements of crops grown on a farm in one calendar year. The Project Diversion Requirement" (PDR) or off-farm diversion requirement is defined as the quantity of water, exclusive of effective precipitation, which is diverted from the stream or an off-farm source to satisfy the farm delivery requirement for one calendar year. The irrigation water requirements set forth above do not include diversion requirements associated with stockponds or other impoundments determined to have valid water rights in these proceedings.
If you agree with the priority dates and irrigation water requirements described above, you do not need to take any action. If any objections are filed by any persons, you will be notified of the objections and may participate in the proceedings to resolve those objections. If no objections are filed, the Court will enter an order that recognizes those elements of your water rights and the water rights of other surface water users in the Tierra Amarilla Subsection as described above. If you disagree, you must follow the instructions below.
This will be your only opportunity in these proceedings to object to the determination of priority dates or irrigation water requirements in the Tierra Amarilla Subsection. Subsequent inter se proceedings in the Tierra Amarilla Subsection will not include the opportunity to object to those determinations.
IT IS THEREFORE ORDERED THAT if you object to any of the priority dates stated above, or to the irrigation water requirements for surface water irrigation use in the Tierra Amailla Subsection as stated above, you must file the form entitled Objection and Response to and Order to Show Cause with the Court, in person or by mail FOR RECEIPT NO LATER THAN July 31, 2010:
United States District Court Clerk
106 South Federal Place
Santa Fe, NM 87501
If you timely file an objection the Special Master will notify you of a mandatory scheduling and pretrial conference, where you will learn how objections will be heard by the Court. This will be your only opportunity to object to these elements of your water rights or any other water rights in the Tierra Amarilla Subsection. If you fail to timely object and attend the scheduling and pretrial conference you may not raise objections in the future.
If you have any questions, call or write:
Edward G. Newville or, John W. Utton Special Assistant Attorney General Attorney for Associatión de Acéquias Office of the State Engineer Norteñas de Arriba P.O. Box 25102 Sheenhan, Sheenhan Stelzner PA Santa Fe, NM 87504-5102 P.O. Box 271 (505) 867-7444 phone Albuquerque, NM 87103-0271 (505) 867-2299 facsimile (505) 699-1445 telephone (505) 842-8890 facsimile