Verde Valley Water Users, Inc.
2007 President and Adjudication and report
President’s Report
The Court determined that the Verde River Watershed would be the next sub-watershed to be adjudicated following the San Pedro. However, we were never sure as to when the Arizona Department of Water Resources (ADWR) would get to the Verde. Based on information recently provided by ADWR, it appears it will be several years before they are knocking on our doors. This will provide the VVWU with time to build up our bank account for the battles to come.
However, in order to take advantage of this delay, the Board of Directors felt we needed to do two things- increase membership and reduce expenses. The brochure we produced last year has helped increase membership. We continue to make contacts with the Realtors and title companies and are receiving their support. You can help in this effort by telling your neighbors about the VVWU and the important work we are doing for the membership. If you would like brochures to hand out, please contact us at (928) 567-3119 and leave a message.
Historically, legal fees have been our largest expense. The adjudication generates volumes of documents which need to be reviewed by the legal counsel to monitor what is happening in the adjudication. This was taking a great deal of Rick Mabery’s time and even though he provided discounts to the VVWU, it was taking almost our entire budget. Duane Wyles has volunteered to review this paperwork and keep the Board informed of any activities that need our action. Rick Mabery has done a great job for the VVWU and will continue on an as-needed basis. Thanks to Rick for his service and thanks to Duane for taking on this task.
We currently have two vacancies on the Board of Directors, which need to be filled. Serving on the Board does not take much time or special qualifications. All that it requires is an interest in defending the water rights of the Verde Valley. Anyone interested, please contact Ray Wrobley at (928) 282-7787 or leave a message on the VVWU answering machine at (928) 567-3119.
For those on the internet, periodically visit the VVWU website at verdevalleywaterusers.org. There are useful links, Board meeting minutes and other information posted as it becomes available.
Adjudication Update
GENERAL ADJUDICATION OF ALL WATER RIGHTS TO USE WATER
IN THE GILA RIVER SYSTEM AND SOURCE UPDATE
TOHONO O’ODHAM SETTLEMENT AGREEMENT
By Law 108-451 (December 10, 2004) Congress authorized this settlement agreement upon condition that it be affirmed by the Supreme Court of Arizona by December 31, 2007. Judge Ballinger (Supreme Court Adjudication Judge) entered a “Judgment and Decree” on July 19, 2007. The Decree has been appealed to the Arizona Supreme Court. The Pascua Yaqui Tribe objects to the settlement.
GILA RIVER INDIAN COMMUNITY (GRIC) SETTLEMENT AGREEMENT
Law 108-451 also authorized this settlement. Judge Ballinger entered a Judgment and Decree on September 13, 2007. This settlement agreement is opened by the “The Lower Gila Water Users” which includes Arlington, Enterprise, PIDD-Paloma, Town of Gila Bend, Gila Growers Gin, John Farms, and Gary & Warren Gable and other parties. The Gila River Community has served a Statement of Court Costs” against the Lower Gila Water Users in the amount of $36,000.00 most of which is for Mailing/Service of Documents, costs of $24,123.16. (All documents filed with the Court just to be served [usually mailed] to all parties on the official mailing list which includes attorneys for the VVWU.)
The City of Tucson, City of Phoenix, Salt River Project, Tohono O’Odham Gila River Community, and other supporters of the settlement agreements want the Arizona Supreme Court to expedite a hearing and entry of judgments on these settlement agreements, and opposing parties are asking the Court to follow usual procedures which may run out the time for the required December 31 approvals.
ARIZONA DEPARTMENT OF WATER RESOURCES STATUS REPORT
By the Order of July 11, Judge Ballinger directed DWR to submit an updated status report on adjudication work and recommendations for future assignments with projected scheduled of completion.
1. Hopi HSR- Selected field inspection completed on this 2,500 square mile reservation with 500 stock ponds claim, 300 springs, 200 wells, and nearly 40,000 acres of croplands.
2. San Pedro River Watershed Subflow Zone Mapping- Contract extended with AZ Geological Survey to map floodplain Holocene alluvium. This mapping is being conducted along the San Pedro River, Aravaipa Creek, and Babocamari River.
3. PWR 107 Contested Case- Involves claims by U.S. for 14 springs and withdrawal of water right claims for 8 other springs. Further technical work not anticipated.
4. GRIC Water Rights Settlement- Most work completed. Expect remaining mapping to be completed by late 2007.
5. Ft. Huachuca and SPRNCA Contested Cases- Settlement negotiations have broken down. Legal issues will be briefed and argued in next several months. Technical assistance has not been requested by the Special Master.
6. Administrative Support- Collects filing fees and maintains Statement of Claimant (SOC) Database. Over 80,000 SOCs filed in the Gila adjudication and 14,000 filed in Little Colorado adjudication. For a $12.00 annual fee ADWR mails a copy of monthly court dockets.
ADWR FUTIRE ADJUDICATION WORK
1. HOPI HSR- Will require six months to over a year.
2. San Pedro River Watershed Subflow Zone Mapping- Completion by June 2008 with 180 day objection period following report completion.
3. San Pedro River Watershed cone of depression analysis- Could require at least four years.
4. San Pedro River Watershed HSR- At least one year to update information & a year or more to publish report to be followed by 180 day objection period.
COURT INVITED COMMENTS TO ADWR REPORT
(a) United States- ADWR should not commence work on the claims for other watersheds until it has completed these tasks in the San Pedro River Watershed.
(b) City of Phoenix- The highest priority for any new project should focus on the Verde River. SRP repeatedly pointed out that is adjudication proceedings are not brought to bear on the Verde River as soon as possible there may, for all practical purposes, be nothing to adjudicate (because of new wells).
SALT RIVER PROJECT’S VERDE VALLEY INJUNCTION REQUESTS
Arizona Public Service Company, Phelps Dodge Corporation, and Roosevelt Water Conservation District seek to get involved by having Verde Order to Show Cause cases designated as raising “issues of broad legal importance”.