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<br /> <br />00165:' <br /> <br />April 17. 1992 <br />Issue No. 935 <br /> <br />WESTERN <br />STATES WATER <br /> <br />~~' , 1 J '/ _'. <br />, ',\ !r, -f.''>;,:. <br /> <br />4 P'f ~EjV[[j \ <br />CM;r;'~ifJ<i !'! <br /> <br />"'CS , <br />,.\~ . <br />" ' <br /> <br />. <br /> <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 <br />