Partial Final Judgment and Decree on Surface Rights and Supplemental Rights in the Membership Phase of the CID (Carlsbad Irrigation District) section of the Pecos River Stream System Adjudication
These Appendices, Documents and Forms 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”) summarize the elements of all water rights in the Carlsbad Irrigation District (“CID“) that were adjudicated by (a) the Partial Final Decree entered on December 10, 2004 (the “Project Phase Decree”), 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 and (b) all consent, default, and other final orders entered in the individual subfiles (“Subfile Orders”) of the CID, including any amendments and corrections to those Subfile Orders.
The Project Phase Decree 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. Those elements are summarized in Appendix B. The other 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 Subfile Orders and other final orders entered 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.
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.
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.
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 indices to the individual subfile Summaries in Appendix D. This sortable index allow the Summaries to be sorted 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.