Appendix A

Overview and Explanatory Notes

These Appendices to the Partial Final Judgment and Decree on Surface Water Rights and Supplemental Rights in the Membership Phase of the Carlsbad Irrigation District Section of the Pecos River Stream System Adjudication (“CID Partial Final Decree”).  The water rights summarized are those that were adjudicated by (a) the Partial Final Decree entered on December 10, 2004 (the “Project Phase Decree”) (link to Appendix E82), adjudicating the rights of the Carlsbad Irrigation District (the “CID”) and the United States to divert, impound, store, and deliver the public surface waters of the Pecos River stream system; (b) all consent orders, default orders, and other final orders entered in the individual subfiles (“Subfile Orders”) of the CID, including any amendments and corrections to those Subfile Orders; and (c) subfiles whose water rights in the CID were modified during Inter Se procedures.

By way of explanation, the CID Adjudication unfolded in a sequence of several phases:

Project Phase

The Project Phase Decree (link to Appendix E82) adjudicated the diversion and storage rights of the CID and the United States in the public surface waters of the Pecos River Stream System (“Project Water”) and established the right of the CID to deliver Project Water to its Members (the “Members”).  Attached as an exhibit to the Project Phase Decree is a Settlement Agreement executed on March 25, 2003, among the State, the CID, the United States, and the Pecos Valley Artesian Conservancy District.  The Settlement Agreement is a part of and incorporated into the Project Phase Decree.

The Court determined in a series of orders (“Threshold Orders”) that the Members of the CID are the beneficial owners of Project water rights but that the nature and extent of their beneficial interest is governed by certain federal and state laws, the rules and regulations of the CID, Subfile Orders, and any applicable contracts among CID and its Members.  The Threshold Orders and the Project Phase Decree are included in their entirety in Appendix E

Certain elements of the surface water rights of the Members of CID were determined by the Project Phase Decree and the Threshold Orders (link to Appendix E Index).  The elements determined by the Project Phase Decree were the priority dates and amounts of surface water.  These elements, and other factors that apply to all Members of the CID, are described in Appendix B.

Membership Phase

Subsequent to entry of the Project Phase Decree, all the unresolved elements of the Members’ surface water rights, together with the Members’ rights to groundwater as a supplemental supply to surface water rights (hereinafter “supplemental rights”), were determined in the Membership Phase.  During this Phase, the Court entered Subfile Orders and other final orders in the individual subfiles of the Members.  A Subfile Order adjudicates the water rights described therein as of the date of the order and does not reflect any change in ownership or changes to the elements of a water right occurring subsequent to that date.

The water-right elements adjudicated in the Membership Phase were the priority dates of supplemental rights, the sources of water rights, the purposes of use, the points of diversion, and the locations and amounts of irrigated acreage.

Inter Se Phases

After the Membership Phase was completed, the CID Inter Se Process was structured by the Court into three Phases.

Inter Se Phase One

In Phase One, Members were provided with the opportunity to file Inter Se objections to both the surface and supplemental water rights in Subfile Orders of other Members that were adjudicated in the Membership Phase.  The documents, Court papers, and forms related to his process are provided in the section of this website entitled “Inter Se Phase One.”

There was one objection to a water right in Inter Se Phase One.  The Court ruled against the objectors and the challenged water right remained as originally adjudicated.  The Court Orders related to litigation of this objection are listed in Appendix C under the subfiles owned by the objectors and the objectee: 24.28.04-B (link Appendix C 24.28.04-B), 24.28.04-B1 (link Appendix C 24.28.04-B1), and 24.28.04-B2 (link Appendix C 24.28.04-B2).

Inter Se Phase Two

During Phase Two, Members of the CID who believed a supplemental groundwater right had been omitted from their Subfile Orders were permitted to file Rule 1-060 Motions with the Court requesting that their Subfile Orders be amended to recognize the missing supplemental right.  Motions were filed in ninety-five subfiles.  The Court granted motions, recognizing supplemental rights, in sixteen subfiles.  In each of the sixteen subfiles, the omitted supplemental right was adjudicated in an Order entitled “Order Resolving Rule 1-060(B)(6) NMRA Motion and Amending Consent Order to Include Recognition of Supplemental Right” (Amended Supplemental Right Order).  The Amended Supplemental Right Orders can be reviewed in the section of this website entitled “Orders Resolving Phase Three Claims.”

Descriptions of the sixteen supplemental rights adjudicated in the Amended Supplemental Right Orders are incorporated into the Appendix D summaries.  The Amended Supplemental Right Orders and the Orders related to the Rule 1-060 Supplemental Right Motions that were denied are listed in Appendix C.

Inter Se Phase Three

In the Phase Three Inter Se proceeding, Members of the CID were provided the opportunity to object to the supplemental rights that were adjudicated in the Amended Supplemental Right Orders during Phase Two.  There were no objections.  The documents and forms related to his process are provided in the section of this website entitled “Inter Se Phase Three.”

These Appendices do not Replace or Modify Court Orders

These Appendices are a summary only and do not replace, or in any way modify, the Project Phase Decree, the Threshold Orders, any Subfile Order or other Order of the Court.  In the event of a conflict between these Appendices and the Project Phase Decree or other Court Order, the Decree and Court Order are controlling.

There are eight Appendices:

Appendix A is this introduction with explanatory notes and Definitions of Terms.

Appendix B sets forth all conditions that are applicable to every subfile in the Membership Phase of the CID Section of the Pecos River Stream System adjudication (“Membership Phase“) as a consequence of the Project Phase Decree.  These include the priority dates and amounts of water for all surface water rights in the Membership Phase, all provisions for the storage and distribution of water, and the legal requirements that are binding on all subfiles.

 Appendix C lists, by Subfile Number, the title and date of filing of every consent order, amended consent order, amending order, and correcting order for every subfile in the CID Section.  This list includes Inter Se Phase Two Amended Supplemental Right Orders and Orders related to the Rule 1-060 Motions that were denied, as described above.

Appendix D contains Summaries of the water rights for each subfile in the Membership Phase, valid as of the date the subfile order was entered, with an individual map showing the irrigated acreage within that subfile.  Descriptions of the sixteen supplemental rights adjudicated in the Amended Supplemental Right Orders are incorporated into this Appendix.

Appendix E contains the Threshold Orders and other Orders entered by the Court, as well as other legal documents, that pertain to all subfiles in the Membership Phase.

Appendix F contain large-scale CID Section Hydrographic Survey Map Sheets (1999-2012), showing the adjudicated irrigated tracts for all subfiles in the CID Section and representing the Court record as of the date of the filing of the CID Partial Final Decree.

Appendix G contains a list of points of diversion of surface water and supplemental wells for all water rights in the Carlsbad Irrigation District.

Appendix H contains sortable indices to the individual subfile Summaries in Appendix D.  These indices allow the Summaries to be cross-referenced by Owner Name, CID Assessment Number, OSE Subfile Number, Court Number, OSE File Number for Supplemental Right or Surface Right, OSE Point of Diversion Number for Supplemental Right or Surface Right, and Large-Scale Hydrographic Survey Map Sheet Number.