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Middle Rio Grande Regional Water Plan

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4.1.2.3 AWRM Implementation in the Basin<br />

The <strong>Middle</strong> <strong>Rio</strong> <strong>Grande</strong> River Basin has not been designated as a high priority for implementing<br />

AWRM regulations.<br />

4.1.2.4 Special Districts in the Basin<br />

Special districts are various districts within the region having legal control over the use of water<br />

in that district. All are subject to specific statutes or other laws concerning their organization and<br />

operation, found in Chapter 73 of the New Mexico Statutes. The most important special district<br />

in relation to water use in the <strong>Middle</strong> <strong>Rio</strong> <strong>Grande</strong> planning region is the <strong>Middle</strong> <strong>Rio</strong> <strong>Grande</strong><br />

Conservancy District. Additionally, in the planning region there are acequias, mutual domestic<br />

water associations, and other forms of special districts. These special districts are discussed in<br />

detail in the 2004 RWP, Section 5.8.1, and the 2003 Overview, Supporting Document H-6,<br />

Section II(E).<br />

4.1.2.5 State Court Adjudications in the Basin<br />

Section II(F) of the 2003 Overview, Supporting Document H-6 to the 2004 RWP, provides a<br />

discussion of adjudications and final decrees.<br />

In September 2002, the Court granted the joint motion of the State and the United States to<br />

establish an expedited inter se subproceeding (Subproceeding 1) to adjudicate the water rights of<br />

Acoma Pueblo and Laguna Pueblo based on past and present uses of water. Discovery began in<br />

Subproceeding 1 in 2007 and concluded in November 2013. After the conclusion of discovery<br />

and before the filing of dispositive motions on significant legal issues, settlement discussions<br />

began in March 2014 involving New Mexico, the United States, Acoma and Laguna Pueblos,<br />

and other significant water users in the <strong>Rio</strong> San Jose stream system. Trial was scheduled to<br />

begin in July 2014, but the Special Master ordered a stay in the litigation schedule through<br />

calendar year 2014 to allow settlement discussions to continue. Due to the parties failing to<br />

reach a settlement, the Special Master in December 2014 denied a further stay of the<br />

Subproceeding 1 litigation schedule. New Mexico, the United States, Acoma Pueblo, and<br />

several other parties filed dispositive motions in May 2015, which were argued to the Special<br />

Master in October 2015. Subsequently, the Special Master has granted multiple stays in the<br />

litigation to allow for continued settlement discussions. Concurrently from late 2016 through<br />

early 2017 the Special Master will be hearing the trial testimony of four expert witnesses for Tri-<br />

State Generation and Transmission Association, Inc. New Mexico, the United States, Acoma<br />

and Laguna Pueblos, and several other significant water users continue to participate in regular<br />

mediation sessions in the hope of reaching settlement on the matter.<br />

No adjudication is in progress for the <strong>Middle</strong> <strong>Rio</strong> <strong>Grande</strong> (includes the mainstem pueblos).<br />

<strong>Middle</strong> <strong>Rio</strong> <strong>Grande</strong> <strong>Regional</strong> <strong>Water</strong> <strong>Plan</strong> 2017 38

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