Opinion
No. 01cv00072-BB-ACE, Subfile No: ZRB-4-0048.
May 12, 2009
COUNSEL FOR THE UNITED STATES:, BRADLEY S. BRIDGEWATER, U.S. Department of Justice, Denver, CO.
COUNSEL FOR THE STATE OF NEW MEXICO EX REL. STATE ENGINEER: EDWARD C. BAGLEY, Special Assistant Attorney General, Office of the State Engineer, Santa Fe, NM.
Sub-areas 1, 2, and 3 excluding Ramah
ZUNI RIVER BASIN ADJUDICATION 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:
DANIEL BLOEDEL CASSANDRA BLOEDEL
("Defendant") concerning the Defendant's right(s) to use the public waters of the Zuni River Stream System, Sub-areas 1, 2 and 3 excluding Ramah, 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-areas 1, 2, and 3 excluding Ramah. 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-areas 1, 2, and 3 excluding Ramah, is as set forth below: WELL Map Label: OSE File No: Priority Date: Purpose of Use: Well Location: S. T. R. 1/4, 1/16, 1/64: X (ft): Y (ft): Amount of Water (ac-ft per annum):
3C-5-W017 None 1/1/1985 DOMESTIC As shown on Hydrographic Survey Map 3C-5 32 11N 15W SW SE NE 2,540,701 1,505,356 New Mexico State Plane Coordinate System, West Zone, NAD 1983 Historical beneficial use not to exceed 0.7 ac-ft per annum;5. Defendant has no right to divert and use the public waters of the Zuni River Stream System, Sub-areas 1, 2, and 3 excluding Ramah, 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 1, 2, and 3 excluding Ramah, 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 1, 2, and 3 excluding Ramah, 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 1, 2, and 3 excluding Ramah, 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.
Exhibit