In Re: State Of NM, et al v. Aragon, et al
Filing
11611
ORDER GRANTING DEFAULT JUDGMENT by District Judge Kea W. Riggs. The 11607 Motion for Default Judgment is GRANTED as set forth in this Order. (ve)
Case 6:69-cv-07941-KWR-KK Document 11611 Filed 09/12/22 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
STATE OF NEW MEXICO, ex rel.
State Engineer
Plaintiff,
No. 6:69-cv-07941-KWR-KK
v.
RIO CHAMA STREAM SYSTEM
ROMAN ARAGON, et al.
Section 1: Rio del Oso & Rio Vallecito
Defendants
Subfile No.: CHRO-006-0002
ORDER GRANTING DEFAULT JUDGMENT
THIS MATTER is before the Court upon the plaintiff, State of New Mexico, ex rel.,
State Engineer’s Motion for Default Judgment (Docket No. 11607, filed August 9, 2022). The
State of New Mexico (“State”) requests that the Court grant judgment against Defendant
JOSEPH G. ORTEGA, finding that the defendant has surface water irrigation rights in the Rio
Chama Stream System: Section 1 Rio del Oso & Rio Vallecito in accordance with the Office of
the State Engineer Rio Chama Stream System Section 1 Rio del Oso & Rito Vallecitos
Hydrographic Survey, as amended. The Court, being fully advised, and with no responses
opposing the State's motion having been filed, finds that the State’s motion is WELL-TAKEN
and should be GRANTED.
The Court finds:
1. The Court has jurisdiction over the party and the subject matter herein.
2. Defendant JOSEPH G. ORTEGA has been legally served with process.
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Case 6:69-cv-07941-KWR-KK Document 11611 Filed 09/12/22 Page 2 of 5
3. Defendant JOSEPH G. ORTEGA failed to timely file and serve an answer in this
cause.
4. Pursuant to the Court’s Procedural Order for the Adjudication of Water Rights
Claims in the Rio del Oso & Rito Vallecitos in Section 1 of the Rio Chama Stream
System filed Juned 28, 2016, (Doc. 11119) (“Procedural Order”), failure by a
defendant to timely file and serve an answer is considered grounds for the entry of a
default order. (Procedural Order, Sec. II., C., 2.)
5. Defendant JOSEPH G. ORTEGA has failed to appear, answer, or otherwise defend in
this cause, and is adjudged to be in default.
IT IS THEREFORE ORDERED that the right of the defendant(s)
JOSEPH G. ORTEGA
P.O. Box 74
Hernandez, NM 87537
to divert and use the public water of the Rio Chama Stream System, Section 1: Rio del Oso &
Rio Vallecito is as follows:
A.
IRRIGATED LANDS (Surface Water Only):
Office of the State Engineer File No:
Priority:
NONE
1882
Source of Water:
Surface water of the Rio del Oso, a tributary of the Rio Chama.
Purpose of Use:
IRRIGATION
Point of Diversion:
Ditch: ORTEGA DITCH NO. 1
Location X:
1,628,022 feet
Location Y:
2
1,834,622 feet
Case 6:69-cv-07941-KWR-KK Document 11611 Filed 09/12/22 Page 3 of 5
New Mexico State Plane Coordinate System, Central Zone, NAD 1983
Location and Amount of Irrigated Acreage:
Within the Juan Jose Lobato Land Grant
20.3 acres
Total 20.3 acres
As shown on the attached revised Hydrographic Survey Map for Subfile No.:
CHRO-006-0002
Amount of Water (acre-feet per acre per year, not to exceed):
Consumptive Irrigation Requirement = 1.25
Farm Delivery Requirement = 3.13
Project Diversion Requirement = 5.22
B.
IRRIGATED LANDS (Surface Water Only):
Office of the State Engineer File No(s):
Priority:
NONE
1882
Source of Water:
Surface water of the Rio del Oso, a tributary of the Rio Chama.
Purpose of Use:
IRRIGATION
Point of Diversion:
Ditch
ORTEGA DITCH NO. 2
Location X:
1,630,403 feet
Location Y:
3
1,836,550 feet
Case 6:69-cv-07941-KWR-KK Document 11611 Filed 09/12/22 Page 4 of 5
New Mexico State Plane Coordinate System, Central Zone, NAD 1983
Location and Amount of Irrigated Acreage:
Within the Juan Jose Lobato Land Grant
1.1 acres
Total 1.1 acres
As shown on the attached revised Hydrographic Survey Map for Subfile No.:
CHRO-006-0002
Amount of Water (acre-feet per acre per year, not to exceed):
Consumptive Irrigation Requirement = 1.25
Farm Delivery Requirement = 3.13
Project Diversion Requirement = 5.22
Defendant has no surface water rights in the Rio Chama Stream System, Section 1:
Rio del Oso & Rio Vallecito, other than those set forth in this order and those other orders
entered by this Court in this cause.
These water rights are subject to objection by any other water right owner with
standing in a later (inter se) phase of this adjudication suit when water right owners may object
between themselves to individual adjudication orders. The rights are also subject to the entry of
the final decree in this case.
IT IS FURTHER ORDERED that the defendant, his or her successors,
representatives, heirs, and assigns are enjoined from any diversion or use of the public waters of
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Case 6:69-cv-07941-KWR-KK Document 11611 Filed 09/12/22 Page 5 of 5
the Rio Chama Stream System, Section 1: Rio del Oso & Rio Vallectio, except in strict
accordance with the rights adjudicated in this order or any other order of the Court.
IT IS SO ORDERED.
__________________________________
KEA W. RIGGS
UNITED STATES DISTRICT JUDGE
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