<br />
<br />00165:'
<br />
<br />April 17. 1992
<br />Issue No. 935
<br />
<br />WESTERN
<br />STATES WATER
<br />
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<br />
<br />TIlE WEEKLY NEWSLETIER OF TIlE WESTERN STATES WATER COUNCll.
<br />
<br />editor
<br />
<br />Tony Willardson
<br />
<br />Creekview Plaza, Suite A-201 I 942 East 7145 So. I Midvale. Utah 84047 I (801) 561-5300 I FAX (801) 255-9642
<br />
<br />chairman - william H. Young
<br />
<br />typist - carrie Curvin
<br />
<br />UllGATlON
<br />
<br />General Adjudication-Arizona
<br />
<br />The Arizona Supreme Court has issued an opinion
<br />in its review of Arizona trial court procedures for
<br />service of summons, filing, and service of pleadings
<br />in the consolidated general adjudication of the Salt,
<br />Verde. Gila, Agua Fria. Upper Santa Cruz, and San
<br />. Pedro River watersheds (In the Matter of the Riqhts
<br />to the Use of the Gila River..... No, WC.90-0001-IR,
<br />Mar. 19). The trial court entered an order in 1986 to
<br />establish procedures to manage the complex litigation
<br />and has implemented them since. In December,
<br />1990. the Arizona Supreme Court agreed to review six
<br />issues decided in the pretrial orders. The recent
<br />opinion addresses the first issue: whether provisions
<br />for filing and service are constitutional.
<br />
<br />In the face of various due process challenges. the
<br />court upheld the notice by summons and publication
<br />procedures, which included a comprehensive mailing
<br />of some 850,000 summons to identifiable land
<br />owners. water right holders. well owners, and others
<br />and publication of a number of legal notices in news
<br />papers printed in or near watershed areas. The
<br />court acknowledged that some property owners, lien
<br />holders. and federal government lessees and permit
<br />holders may not have received a summons by mail.
<br />but found they were accorded due process through
<br />newspaper publication. The court also rejected
<br />arguments that the content of the notice was
<br />constitutionally deficient. With respect to filing and
<br />service of pleadings. the trial court's order required
<br />each party to file a copy of all pleadings with the
<br />,.clerk of the court. who compiled them into a docket
<br />system. The Arizona Supreme Court held that the
<br />docketing system was well designed to afford litigants
<br />adequate notice of all filings. and therefore
<br />constitutionally sound.
<br />
<br />executive director - Craig Bell
<br />
<br />WATER RESOURCES
<br />
<br />Water Supply Outlook/Drought
<br />
<br />According to the Soil Conservation Service. spring
<br />and summer streamflows for nearly all western states
<br />will be below to well below average. March 1
<br />forecasts have been reduced as a result of below to
<br />well below average precipitation during February, in
<br />combination with lower than average snowpacks.
<br />Streamflows below 70% of average are expected
<br />throughout California, Nevada. Oregon, southern
<br />Idaho, southern Wyoming, southeastern Montana,
<br />northern and central Utah, and along the northern
<br />border of Colorado. Only southcentral Colorado, New
<br />Mexico. central Arizona, and central and southeastern
<br />Alaska can expect above to well above average
<br />runoff.
<br />
<br />Since the beginning of this water year. most
<br />western states have received well below to near
<br />average precipitation, Less than 80% of average was
<br />recorded in February throughout most of Montana,
<br />Idaho. northern Wyoming, central Oregon. western
<br />Washington. northeastern California, western Nevada,
<br />eastern Arizona, eastern Colorado. and northeastern
<br />New Mexico. Precipitation patterns favor the
<br />southwest. In February, much of California, Utah.
<br />southern and eastern Nevada, western and southern
<br />Arizona, southern New Mexico, the western border of
<br />Colorado. and central and southeastern Alaska
<br />received precipitation exceeding 120% of average,
<br />
<br />However. below average snowpack conditions
<br />continue. Snow water equivalent values of less than
<br />70% were recorded throughout California, Nevada,
<br />Oregon. southern Idaho, central Montana, western
<br />Wyoming. central Utah. and northern Alaska, Above
<br />to well above average snow water contents were
<br />reported in southeastern Alaska, northcentral
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