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On March 24, 2023, the Special Master filed a Final Report concluding that the Adjudication Court has jurisdiction over severances and transfers of water rights that have been added to the Proposed Catalog of Water Rights. All objections to the report were filed by September 25th, 2023. All responses to objections were filed by December 18, 2023, and any replies were filed by January 18, 2024.
Following oral argument, on May 29, 2024, Judge Blaney ruled that ADWR has jurisdiction over the severance and transfer of water rights that have not been incorporated into an Adjudication Court decree. Judge Blaney also clarified that "the Adjudication Court is the proper forum for an appeal of a decision by the Director" regarding an application for severance and transfer.
Negotiations for the settlement of the water rights claims of the Hopi Tribe, Navajo Nation, and San Juan Southern Paiute Tribe have made significant progress. As of May 24, 2024, a unanimous Navajo Nation and the Navajo Nation President have approved the proposed Northeastern Arizona Indian Water Rights Settlement. The Hopi Tribe and San Juan Southern Paiute Tribe have also approved the proposed settlement. Because the proposed settlement relies on the provision of federal funds and approval by the United States Department of the Interior, Congress must now ratify the settlement.
The proposed settlement would resolve all Hopi, Navajo, and San Juan Southern Paiute claims to the surface water from the Little Colorado River Basin; claims to groundwater from the Navajo Aquifer, Coconino Aquifer, and nearby alluvial aquifers; and claims to surface water from the Gila River Basin. The proposed settlement would also settle claims to the Upper and Lower Basins of the Colorado River. A summary of the proposed settlement can be found here.
Silver Creek WatershedAs of October 2023, 25 contested cases in the Silver Creek Watershed have been initiated for the first time or re-initiated after a lengthy stay. Abstracts have been approved in two of these contested cases, four of the cases have been dismissed, and nineteen remain ongoing.
On May 24, 2023, Arizona Department of Water Resources ("ADWR") filed a technical report containing a revised watershed map and proposed schedule for the completion of subflow zones for three watersheds. The new watershed map is based on the United States Geological Survey's Hydrologic Unit Code ("HUC") system. The HUC system approximates the drainage area that contributes water to a given point in a stream. Images of the historical and revised watershed maps may be accessed here.
In September 2023, claimants briefed the Court regarding the propriety of ADWR's revision of the long-standing historical watershed map, the splitting of water users' claims across watersheds, and the splitting of points of diversion and places of use between watersheds. On January 23rd, 2024, the Special Master heard oral argument on whether the area encompassed by a Hydrographic Survey Report ("HSR") must follow scientific watershed boundaries, either for legal or practical reasons.
On March 25, 2024, the Special Master issued a report proposing revisions to the HSR boundary map for the Gila River Basin and a sequence for issuance of future HSRs in both the Gila River and Little Colorado River Basins. In her report, the Special Master recommended that ADWR generally follow six-digit hydrologic unit boundaries when investigating HSRs. See PDF 36 of Report. The Special Master also recommended that ADWR create a "Salt River Valley HSR" that encompasses the Phoenix metropolitan area. This proposed HSR would comprise sixteen ten-digit hydrological units that, in total, span multiple six-digit hydrologic units. See PDF 41 of Report.
The Special Master’s March 25, 2024 Report also recommended the following deadlines for HSRs and related technical reports:
- Upper Little Colorado Subflow Zone Delineation Report – September 30, 2028
- Verde Canyon Final HSR – September 30, 2028
- Upper Little Colorado De Minimis Report – September 30, 2029
- Upper Little Colorado Final HSR – June 29, 2031
- Lower Little Colorado Final HSR – June 29, 2031
San Pedro River Watershed
In re Subflow Technical Report, W1-103Groundwater Flow Model for the Upper San Pedro Groundwater Basin
On July 18, 2022, the Court ordered that ADWR must file a technical report for a groundwater model that will serve as the basis for the cone of depression and subflow depletion tests in the San Pedro River Watershed. The purpose of the cone of depression test is to identify those wells that are subject to the Adjudication Court’s jurisdiction because of the likelihood that at a future date, given continuous pumping, their cones of depression will intersect the subflow zone, causing water to leave the zone. The purpose of the subflow depletion test is to determine whether a well’s cone of depression currently intersects the subflow zone, quantifies the resulting flow from the subflow zone, and identifies the fraction of the water produced by the well that is subflow, as opposed to percolating groundwater.
On February 20, 2024, ADWR filed its technical report, titled "Groundwater Flow Model of the Upper San Pedro Groundwater Basin." The deadline for objections was April 22, 2024. The report describes the creation of a proposed groundwater flow model to underlie potential cone of depression and subflow depletion tests. The report begins with a description of the various environmental, geological, hydrological, and cultural factors that shape the parameters of the proposed model. The report then describes the software and data used to set model parameters, the process of model calibration, and potential limitations of the model. ADWR then demonstrated the use of the model in a cone of depression test performed on two hypothetical wells. For one of those wells, ADWR conducted a subflow depletion test, simulating outflow from the subflow zone due to pumping. The Special Master is completing a review of the proposed model and any objections filed and will file an order regarding the next steps shortly.
In re Subflow Technical Report, W1-106
Subflow Zone DelineationOn April 28, 2023, ADWR filed a technical report proposing a subflow zone delineation for the Verde River Watershed, excluding the already-mapped Verde mainstem and Sycamore subwatershed. In an order filed January 22, 2024, the Court held that ADWR must amend its mapping around the reservoirs, and that the Court set a four-day hearing to begin on August 19, 2024 to resolve remaining issues. The four-day hearing will focus on ADWR's determination of ephemeral stream reaches and a purported incomplete mapping of the subflow zone for multiple creeks and washes.
De Minimis Technical ReportOn August 29, 2022, ADWR filed a technical report proposing categories of water uses that are de minimis in nature and eligible for summary adjudication procedures. A deadline for comments and objections was set for October 28, 2022. The Special Master has set a four-day trial to begin on August 5, 2024.
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