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Arizona Department of Water Resources NEWS RELEASE ADWR Files Report on Phelps Dodge – Show Low Lake Case The Arizona Department of Water Resources has filed its report with the Apache County Superior Court as part of a legal proceeding that will determine the nature, extent and relative priority of water rights within the watersheds of the Little Colorado River system. The proceeding, known as the Little Colorado River Adjudication, is presided over by Judge Eddward P. Ballinger Jr. The two-volume report is titled “Supplemental Contested Case Hydrographic Survey Report In re Phelps Dodge Corporation ( Show Low Lake).” Copies of the Supplemental Contested Case HSR for Phelps Dodge’s claims to Show Low Lake are available at several locations within the LCR adjudication area, and other parts of the state. Electronic copies of court orders and deadlines for the Little Colorado River Adjudication are posted on the Special Master’s Internet site at http://www.supreme.state.az.us/wm . On January 31, 2005, ADWR also filed with the Apache County Superior Court a packet of information known as an Objection Notice that describes the procedures for filing an objection to the Phelps Dodge claims to Show Low Lake. ADWR mailed copies of the Objection Notice to all known persons or entities, or their successors-in-interest, who claim the right to use water in the Little Colorado River Adjudication, use water within the Silver Creek Watershed, and/or are included on certain mailing lists established by the Court. Any person or entity that has filed a statement of claimant in the Little Colorado River Adjudication may file an objection. The deadline for filing objections is August 1, 2005. LEGAL NOTICE On January 31, 2005, the Arizona Department of Water Resources (ADWR) filed a two-volume report with the Apache County Superior Court as part of a legal proceeding that will determine the nature, extent and relative priority of water rights within the watersheds of the Little Colorado River system. This legal proceeding is known as the Little Colorado River general stream adjudication, and is presided over by Judge Eddward P. Ballinger, Jr. The Special Master to the case is Mr. George A. Schade, Jr. Electronic copies of court orders and deadlines for the Little Colorado River Adjudication are posted on the Special Master’s Internet site at http://www.supreme.state.az.us/wm . The report filed by ADWR is titled “Supplemental Contested Case Hydrographic Survey Report, re: Phelps Dodge Corporation ( Show Low Lake).” In 1985, Phelps Dodge filed a form, known as a statement of claimant, in the Little Colorado River Adjudication in which Phelps Dodge claimed water rights to store water in, and divert water from, Show Low Lake in exchange for water diverted from the Black River for use at Phelps Dodge’s copper mine in the vicinity of Morenci, Arizona. Show Low Lake is located near the town of Show Low in the Silver Creek Watershed. Phelps Dodge’s claimed water rights to the water of Show Low Lake were analyzed by ADWR as part of a hydrographic survey report for the Silver Creek Watershed that was published in 1990. Due to unresolved legal issues, the Phelps Dodge proceedings were delayed for several years. At the request of the Court, Phelps Dodge filed an amendment and supplement to its original claim in 2003. In the Phelps Dodge report, ADWR analyzed Phelps Dodge’s amended claim to Show Low Lake, and made recommendations concerning those claims for consideration by the Court. On January 31, 2005, ADWR also filed with the Apache County Superior Court a packet of information known as an Objection Notice that describes the procedures for filing an objection to the Phelps Dodge claims to Show Low Lake. ADWR mailed copies of the Objection Notice to all known persons or entities, or their successors-in-interest, who claim the right to use water in the Little Colorado River Adjudication, use water within the Silver Creek Watershed, and/or are included on certain mailing lists established by the Court. Any person or entity that has filed a statement of claimant in the Little Colorado River Adjudication may file an objection. The deadline for filing objections is August 1, 2005. The Objection Notice provides additional information to water users in the Little Colorado River Adjudication who may wish to file a statement of claimant, or who need to make address or ownership changes to an existing statement of claimant. If any of these changes have already occurred, ADWR should be notified as soon as possible. If any of these changes occur in the future, ADWR must be notified within 30 days of the change. Copies of the Supplemental Contested Case HSR for Phelps Dodge’s claims to Show Low Lake are available at several locations within the LCR adjudication area, and other parts of the state. These locations are listed below and in the Objection Notice. Round Valley Public Library Flagstaff City/ Rim Community Library Tuba City Public Library Hopi Public Library Winslow Public Library Larson Memorial Public Library Show Low Public Library Clerk of Apache County Clerk of Navajo County Arizona Dept. of Water Resources Pinal AMA Office Prescott AMA Office Santa Cruz AMA Office Tucson AMA Office By contacting ADWR at the following address or telephone numbers, copies of one or both volumes of the Phelps Dodge report for Show Low Lake may be purchased. Also, general information, copies of the Objection Notice, and forms for filing, or making address or ownership changes to a statement of claimant may be obtained. Arizona Department of Water Resources
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