Appendix E

Court Orders and Legal Documents

This section compiles Orders of the Court and any other legal documents that apply to all subfiles in the Membership Phase.

 

COURT ORDER OR LEGAL DOCUMENT

DATE FILED

AUTHOR

1.

Declaration of the Carlsbad Underground Water Basin, Eddy County, New Mexico

August 20, 1948

John H. Bliss, State Engineer

2.

Declaration of Extension of Carlsbad Ground Water  Basin

October 21, 1952

John H. Bliss, State Engineer

3.

Petition (State v. Lewis)

April 9, 1956

State of New Mexico, ex rel. Reynolds, State Engineer

4.

Petition (State v. Hagerman Canal Co.)

October 21, 1958

State of New Mexico, ex rel. Reynolds, State Engineer

5.

Declaration of Extension of Carlsbad Ground Water  Basin

March 19, 1958

S.E. Reynolds, State Engineer

6.

Amended Supplemental Petition (State v. Lewis)

February 21, 1962

State of New Mexico, ex rel. Reynolds, State Engineer

7.

Order of Consolidation [of State v. Lewis and State v. Hagerman Canal Co.]

September 22, 1965

Judge Hensley

8.

Order of Consolidation [of State v. Lewis and State v. Hagerman Canal Co.]

October 8, 1965

Judge Burks

9.

Consolidated Petition

Circa May 30, 1978

State of New Mexico, ex rel. Reynolds, State Engineer

10.

Supplemental Complaint

May 30, 1978

State of New Mexico, ex rel. Reynolds, State Engineer

11.

Status Report and Scheduling Order Re Carlsbad Irrigation District Section – Carlsbad Basin Section

May 7, 1993

Judge Byrd

12.

Pretrial Order

May 9, 1994

Judge Byrd

13.

Stipulated Offer of Judgment

June 22, 1994

State of New Mexico, ex rel. Reynolds, State Engineer

14.

Order

February 3, 1995

Judge Byrd

15.

Notice

February 3, 1995

Judge Byrd

16.

Order Adopting Procedures to Resolve Issues Re Proposed Stipulated Offer of Judgment Filed June 22, 1994, by and Among Plaintiff, the United States of America, and the Carlsbad Irrigation District

June 16, 1995

Judge Byrd

17.

Order

September 15, 1995

Judge Byrd

18.

Order Directing Additional Service and Publication of Notice and Offer and Extension of Time for Filing Objections

December 15, 1995

Judge Byrd

19.

Pretrial Order for Carlsbad Project Water Right Claims

February 26, 1996

Judge Byrd

20.

Letter Opinion Re Procedural Issue No. 3

July 17, 1996

Judge Byrd

21.

Order Relating to Procedural Issues

August 16, 1996

Judge Byrd

22.

Order Granting State’s Motion to Consolidate in Part

September 3, 1996

Judge Byrd

23.

Opinion Re Threshold Legal Issue No. 1

February 27, 1997

Judge Byrd

24.

Opinion Re Threshold Legal Issue No. 5

Circa March 4, 1997

Judge Byrd

25.

Opinion Re Threshold Issue No. 2

Circa September 19, 1997

Judge Byrd

26.

Amendment and Revision to Opinion Re Threshold Legal Issue No. 2

September 20, 1997

Judge Byrd

27.

Second Amendment and Revision to Opinion Re Threshold Legal Issue No. 2 and Order Requesting that Counsel Submit Alternate Dates for a Pretrial Conference

October 23, 1997

Judge Byrd

28.

Court’s Decisions and Orders Re Comments of US/CID and PVACD Re Opinion – Threshold Legal Issue No. 2 – Request of US/CID for Additional Time to Supplement Submissions and for Telephonic Status Conference

October 27, 1997

Judge Byrd

29.

Opinion Re Threshold Legal Issue No. 3

November 4, 1997

Judge Byrd

30.

Opinion Re Threshold Legal Issue No. 4

November 7, 1997

Judge Byrd

31.

Opinion and Order Re Proposed Procedures for Identifying and Resolving Genuine Issues of Material Fact Threshold Legal Issue No. 2 – Preclusion Defenses

November 19, 1997

Judge Byrd

32.

Order Allowing Briefing and Submission Schedule

Circa January 7, 1998

Judge Byrd

33.

Court’s Decisions and Orders Re Request for Information, Objections, Comments and Suggestions Re Opinions – Threshold Legal Issue No. 3 and Threshold legal Issue No. 4 and Order Re Preparation of Supplemental Pre-Hearing Order

Circa January 9, 1998

Judge Byrd

34.

Orders Re Motions to Strike Submissions of the United States of America Re Requested Information and Objections, Comments and Suggestions – Threshold Legal Issue Nos. 3 and 4

February 4, 1998

Judge Byrd

35.

Decisions and Orders Re United States’ Motion for Reconsideration and Clarification of Court’s Decisions and Orders Re Threshold Legal Issue No. 3 or for Entry of Judgment Pursuant to Rule 54(C)

Circa March 19, 1998

Judge Byrd

36.

Order Approving the United States’ and PVACD’s Stipulation        

May 18, 1998

Judge Byrd

37.

Supplemental Prehearing Order – Carlsbad Project Water Rights

August 6, 1998

Judge Byrd

38.

Supplemental Opinion and Decision Re Threshold Legal Issue No. 2

Circa September 30, 1999

Judge Byrd

39.

Second Supplemental Scheduling Order Relating to Threshold Legal Issues No. 2 and 3

January 26, 2000

Judge Byrd

40.

Final Decision Re Threshold Legal Issue No. 2

May 12, 2000

Judge Byrd

41.

Amendment to Final Decision Re Threshold Issue No. 2

Circa May 30, 2000

Judge Byrd

42.

Order – Order Regarding Joint Motion to Extend Stay for Additional Ninety Days Involving Project Adjudication

September 22, 2000

Judge Byrd

43.

Order Re Joint Motion to Extend Stay Re Project Adjudication, Reports Submitted Pursuant to the Court’s September 20, 2000 Order, Preparation of Prehearing Order, Submissions of Interim Reports and Related Matters

October 26, 2000

Judge Byrd

44.

Order Addressing Threshold Legal Issue No. 2

November 14, 2000

Judge Byrd

45.

Order – Final Order Addressing Threshold Legal Issue No. 2

November 17, 2000

Judge Byrd

46.

Order – Order Granting, in Part, and Denying in Part, the United States’ Motion to Amend Final Order re Threshold Legal Issue No. 2

January 5, 2001

Judge Byrd

47.

Decision and Order – Decision and Order Denying and Granting, in Part, State’s Motion to Adopt, in Part, Certain Recommendations Concerning the Adjudication of Water Rights Claims of CID Members, Partially Defining Issues re Elements of Quantification, Purpose and Priority and Scheduling Times for the Submission of Memoranda Briefs in Connection Therewith

March 20, 2001

Judge Byrd

48.

Order – Order Identifying Preliminary Threshold Legal Issues re the claims of the United States of America and the Carlsbad Irrigation District Concerning Their Respective Rights, Duties and Obligations Pertaining to the Diversion, Storage  and Distribution of Water Within the Carlsbad Project Which Require the Submission of Memoranda Brief and Scheduling Times for Their Submission

April 6, 2001

Judge Byrd

49.

Order – Order Deferring the Time When the Court Will Consider and Determine Language to be Included in Offers or Amended Offers of Judgment to Members of the CID re Purpose of Use, Priority and Amount of Water Permitted for Use in Connection With Their Claimed Water Rights

June 29, 2001

Judge Byrd

50.

Order – Order Denying the State’s Motion to Reconsider the Court’s Decision and Order dated March 20, 2001 and the Court’s April 6, 2001 Order Consolidating the Membership Phase and the Project (Offer) Phase of These Proceedings

July 2, 2001

Judge Byrd

51.

Decision and Order – (This Order was filed with the incorrect title page.)  [This Decision and Order Is Entered in Connection With: (1) the Motions of the Brantleys, the Tracy/Eddys, and the State of New Mexico (State) for an Order (a) Striking the Entry of Appearance of Jay Stein, Esq. as Attorney for the Carlsbad Water Defense Association Inc. (CWDA) for the Purpose of Participating in Briefing and Addressing the Issues set forth in the Court’s March and April 2001 Orders and (b) Prohibiting CWDA from Participating] Duties and Obligations of the Carlsbad Irrigation District in Connection With The Distribution of Project Water

September 24, 2001

Judge Byrd

52.

Decision and Order – This Decision and Order Addresses the Issues Set Forth in the Court’s March 20, 2001 Decision and Order Concerning the Quantification, Purpose of Use and Priority of Water Rights Claims of Members of the Carlsbad Irrigation District (CID)

October 22, 2001

Judge Byrd

53.

Supplemental Decision and Order – This Supplemental Decision and Order Addresses the Comments, Suggestions, and Objections and Memorandum Briefs of Counsel for the Parties Set Forth in Their Respective Responses to the Court’s October 19, 2001 Decision and Order Concerning the Water Rights Claims of Members of the CID

December 20, 2001

Judge Byrd

54.

Decision and Order – This Decision and Order Addresses the Issues and Matters Requesting Response Set Forth in the Court’s April 6, 2001 Order Re Claims of the United States of America  Concerning Its Rights, Duties and Obligations Pertaining to the Diversion and Storage of Project Water and the Rights, Duties and Obligations of the Carlsbad Irrigation District in Connection with the Distribution of Project Water

January 7, 2002

Judge Byrd

55.

Order – This Order Appoints Additional Members and Reconstitutes Committee Counsel, Refers Certain Matters to Committee Counsel for Recommendations, Directs the Entry of a Final Order Re Disposition of Threshold Legal Issue No. 3 and Reschedules the Time for Certain Submissions in Connection with Prior Court Decisions

February 15, 2002

Judge Byrd

56.

Second Supplemental Decision and Order – Second Supplemental Decision and Orders in Response to Submissions Re the Court’s Decision and Order Served on December 19, 2001

March 6, 2002

Judge Byrd

57.

Supplemental Decision and Order – This Supplemental Decision and Order Addresses the Objections, Comments and Suggestions of Counsel Re the Court’s January 10, 2002 Decision and Order Concerning the Claims of the United State of America Pertaining to Its Rights, Duties and Obligations in Connection with the Diversion and Storage of Project Water and the Claims of the Carlsbad Irrigation District Pertaining to Its Rights, Duties and Obligations in Connection with the Distribution of Project Water

March 14, 2002

Judge Byrd

58.

Letter Memorandum – Re:  State v. Lewis et al., Chaves County Cause No. 20294 and 22600 Consolidated, Carlsbad Irrigation District, Carlsbad Basin Section – Motion of the United States of America for Clarification of the Court’s Second Supplemental Decision and Order Filed March 4, 2002

May 20, 2002

Judge Byrd

59.

Order Regarding Service and Participation Issues for the Project (Offer) Phase

May 20, 2002

Judge Byrd

60.

Notice Regarding Participation in the Offer Phase of the Adjudication – To:  Defendants Who Filed a Statement of Intent to Participate in Briefing and Hearing on Objections

May 20, 2002

Bee J. Clem
District Court Clerk, Fifth Judicial District Court

61.

Notice Regarding Participation in Offer Phase of the Adjudication – To:  Landowners Who Were Not Joined Prior to February 26, 1996 Due to Inadvertant [sic] or Faulty Service

May 20, 2002

Bee J. Clem
District Court Clerk, Fifth Judicial District Court

62.

Final Order Regarding Threshold Legal Issues No. 3 and Completion of Second Phase Regarding Threshold Legal Issues

May 22, 2002

Judge Byrd

63.

Certificate of Service – of Notice Regarding Participation in the Offer Phase of the Adjudication

May 28, 2002

Christopher Bulman, Special Assistant Attorney General, Office of the State Engineer

64.

Decision and Order Re the Pecos Valley Artesian Conservancy District’s March 14, 2002 Motion for Clarification or Reconsideration

May 31, 2002

Judge Byrd

65.

Decision and Order Re the United States’ March 22, 2002 Motion for Clarification and Response to the Pecos Valley Artesian Conservancy District’s March 14, 2002 Motion for Clarification or Reconsideration

June 19, 2002

Judge Byrd

66.

Supplemental Order – This Supplemental Order Amends Paragraph 5 Of The Court’s Order Served On June 27, 2002 To Provide That Oral Arguments In Connection With The Brantleys’ Motion To Establish A Schedule And Trial Date For Adjudication Of Its Water Rights (Brantleys’ Motion) Will Be Held During A Telephone Conference Among Counsel and The Court and Conditionally Grants The Request Of The Carlsbad Irrigation District (CID) That It Be Dropped From The Service List In Any Matters Involving Individual Offers Of The Office of the State Engineer To Members Of The CID In Connection With Their Water Rights Claims In The Membership Phase Of These Proceedings

July 5, 2002

Judge Byrd

67.

Second Supplemental Order – This Second Supplemental Order Amends Paragraph 1 Of The Court’s Supplemental Order Served On July 3, 2002 Pertaining To The Amendment Of Paragraph 5 Of The Court’s June 27, 2002 Order Which Erroneously Named The “Delaware Ranch” In Said Amended Paragraph

July 8, 2002

Judge Byrd

68.

Order – This Order Resubmits to Committee Counsel the Court’s Request That The Committee Submit Recommendations to the Court And a Proposed Order to Be Entered in Connection With The Rights, Duties And Obligations of The United States of America (United States) Pertaining To The Diversion and Storage of Water in Connection with the Carlsbad Irrigation District Project (Project Water) and the Rights, Duties and Obligations of CID in Connection with the Distribution of Project Water

July 29, 2002

Judge Byrd

69.

Order – This Order Sets Forth the Proper Manner of Quantifying the Water Rights of Members of CID and Adopts a Form of Agreement and Consent Order and Decree for Use in Connection with the Determination of Their Water Rights

July 30, 2002

Judge Byrd

70.

Decision and Order – This Decision and Order Confirms and Determinations and Adjudications  of the Court Re the Claims of the United States of America (United States) Concerning Its Rights, Duties, and Obligations Pertaining to the Diversion and Storage of Water and the Rights, Duties, and Obligations of the Carlsbad Irrigation District (CID) Pertaining to The Distribution of Water in Connection with the Carlsbad Irrigation District Project (Project Water)

October 10, 2002

Judge Byrd

71.

Order – This Order Acknowledges Receipt of Objections, Comments and Suggestions Concerning the Court’s Order Setting Forth the Proper Manner of Quantifying the Water Rights of Members of CID and Adopts a Form of Agreement and Consent Order and Decree for Use in Connection with the Determination of Their Water Rights and Approves Counsel for the State’s Recommendation that the Procedure in Connection with the Submissions of Offers of Judgment and Acceptances Thereof by Members of the CID Eliminate the Necessity of Simultaneously Obtaining a Consent Order of the Court

October 10, 2002

Judge Byrd

72.

Order Implementing Matters Re Entry of a Procedural Order and Case Management Plan in the Membership Phase of These Proceedings Discussed at a Conference Held on January 17, 2003

January 31, 2003

Judge Byrd

73.

Order – This Order Amends the Pretrial Order for the Carlsbad Project Water Rights Claims

February 12, 2003

Judge Byrd

74.

Order – This Order Implements Matters Considered at the March 10, 2003 Scheduling Conference and Stays Proceedings in the Project (Offer) Phase Until Further Order of the Court

April 14, 2003

Judge Byrd

75.

Procedural Order – This Order Sets Forth Procedures to be Followed in Connection With the Adjudication of Water Rights Claims of Members of the Carlsbad Irrigation District Relating to the Hydrographic Surveys, Section 1 and 2

May 28, 2003

Judge Byrd

76.

[Proposed] Scheduling and Procedural Order on Joint Motion for Entry of Partial Final Decree

June 5, 2003

Judge Byrd

77.

Comments re Proposed Scheduling and Procedural Order On Joint Motion for Entry of Partial Final Decree, Exhibits thereto and Supplemental Joint Motion Requesting Approval of Service Procedure Pursuant to Rule 1-004(L) NMRA 2003

July 30, 2003

Judge Byrd

78.

Scheduling and Procedural Order on Joint Motion for Entry of Partial Final Decree

October 2, 2003

Judge Bonem

79.

Order to Show Cause – To:  (1) Those persons who have filed Statements of Intent to File Objection in response to the Notice mailed to Water Rights Claimants on the Pecos River Stream System by the State and CID and (2) those persons who have not withdrawn the Objections that they previously filed with the Clerk of the Court pertaining to the Stipulated Offer of Judgment between the CID, the United States, and the State filed with the Court on June 22, 1994 and consent to the entry of the proposed Partial Final Decree

February 13, 2004

Judge Bonem

80.

Order Setting Adjudication Wide Status and Scheduling Conference

March 1, 2004

Judge Bonem

81.

Order to Show Cause – To: Those persons who have not withdrawn Objections that they previously filed with the Clerk of the Court pertaining to the Stipulated Offer of Judgment between the CID, the United States, and the State filed with the Court on June 22, 1994 and consented to the entry of the proposed Partial Final Decree

April 13, 2004

Judge Bonem

82.

Partial Final Decree, Project (Offer) Phase ( Settlement Agreement, dated March 25, 2003 that is attached as an exhibit to and deemed a part of the Decree)

December 10, 2004

Judge Bonem

 

83.

Order Granting Summary Judgment Against Objectors Hope Community Ditch Association and Tracy/Eddy Trusts and Farms

December 10, 2004

Judge Bonem

84.

Order Granting Negotiating Parties’ Joint Motion to Extend the Date to Satisfy Conditions Precedent

December 22, 2004

Judge Bonem

85.

Order Granting Settlement Parties’ Joint Motion to Extend Date to Satisfy Condition Precedent

June 26, 2007

Judge Bonem

86.

Order Granting Settlement Parties’ Joint Motion to Extend Date to Satisfy Condition Precedent

June 26, 2008

Judge Bonem

87.

Order Granting Settlement Parties’ Joint Motion to Extend Date to Satisfy Conditions Precedent

June 30, 2008

Judge Bonem

88.

Settlement Parties Joint Declaration of Settlement Implementation

June 11, 2009

State of New Mexico
New Mexico

Interstate Stream Commission

United States of America, Department of the Interior, Bureau of Reclamation

Carlsbad Irrigation District

Pecos Valley Artesian Conservancy District