Carlsbad Irrigation District (CID) Partial Final Decree 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.
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Court Order or Legal Document |
Date filed |
Author |
1. |
Declaration of the Carlsbad Underground Water Basin, Eddy County, New Mexico
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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 |
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