Filed: Dec. 07, 2015
Latest Update: Dec. 07, 2015
Summary: ZUNI RIVER BASIN ADJUDICATION MARTHA VAZQUEZ , District Judge . ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION This matter is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition (PFRD), filed November 16, 2015. (Doc. 3129). The parties were notified that objections were due within fourteen days of service of the PFRD and that if no objections were filed, no appellate review would be allowed. To this date, no objections h
Summary: ZUNI RIVER BASIN ADJUDICATION MARTHA VAZQUEZ , District Judge . ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION This matter is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition (PFRD), filed November 16, 2015. (Doc. 3129). The parties were notified that objections were due within fourteen days of service of the PFRD and that if no objections were filed, no appellate review would be allowed. To this date, no objections ha..
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ZUNI RIVER BASIN ADJUDICATION
MARTHA VAZQUEZ, District Judge.
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
This matter is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition (PFRD), filed November 16, 2015. (Doc. 3129). The parties were notified that objections were due within fourteen days of service of the PFRD and that if no objections were filed, no appellate review would be allowed. To this date, no objections have been filed.
IT IS THEREFORE ORDERED that:
1) the PFRD is adopted as an order of the Court;
2) the Plaintiffs' Joint Motion for Judgment on the Pleadings (Doc. 3106) is GRANTED;
3) the right of the Defendants, Larry and Dianne Zwigart, to divert and use the public waters of the Zuni River Stream System, Sub-areas 1, 2, and 3 excluding Ramah, is as set forth below:
WELL
Map Label: 3C-5-W044
OSE File No: G 01678
Priority Date: 8/6/1990
Purpose of Use: NON 72-2-1 DOMESTIC
Well Location: As shown on Hydrographic Survey Map 3C-5
S. 29 T. 11N R. 15W 1/4, 1/16, 1/64 NE NW NW
X (ft): 2,541,270 Y (ft): 1,514,645
New Mexico State Plane Coordinate System, West Zone, NAD 1983
Amount of Water: 0.7 ac-ft per annum
4) The Defendants have no right to divert and use the public waters of the Zuni River Stream System, Sub-areas 1, 2, and 3 excluding Ramah, except as set forth herein;
5) The Defendants, their successors, representatives, heirs, and assigns, are enjoined from any diversion or use of the public waters of the Zuni River Stream System, Sub-areas 1, 2, and 3 excluding Ramah, except in strict accordance with this Order and other orders of the Court in this cause; and
6) The water right described herein is adjudicated as between the United States, the State of New Mexico, and the Defendants, subject to the right of any other water right claimant with standing to object prior to the entry of a final decree in this cause.
IT IS SO ORDERED.
