In Re: State Of NM, et al v. Aragon, et al

Filing 11614

CORRECTED ORDER FOR SUBFILE NO.: CHCB-003-0005 by District Judge Kea W. Riggs. (ve)

Case 6:69-cv-07941-KWR-KK Document 11614 Filed 09/15/22 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
Section 3, Rio Cebolla

ROMAN ARAGON, et al.,

Subfile No.: CHCB-003-0005

Defendants.

CORRECTED ORDER FOR SUBFILE NO.: CHCB-003-0005
The Court, having considered Plaintiff State of New Mexico’s Motion to Correct Clerical
Error in Consent Order in Subfile No. CHCB-003-0005 (Doc. No. 11608, filed August 26, 2022)
concerning Defendants’:
JOE M. MADRID
PHYLLIS MADRID
right(s) to use the public waters of the Rio Chama Stream System, as set forth below, and with
no responses opposing the State's motion having been filed, finds:
1.

The Court has jurisdiction over the parties and the subject matter of this suit.

2.

The State of New Mexico and the above-named Defendants have previously agreed to the
elements of Defendants’ right(s) to divert and use the public waters of the Rio Chama
Stream System, Rio Cebolla, Section 3 (Doc. No. 6971, filed 12/5/2002).

3.

The original Consent Order for Subfile No. CHCB-003-0005 mistakenly omits the
Quarter Section location of 20.4 acres of irrigated lands and 5.8 acres of land with no
1

Case 6:69-cv-07941-KWR-KK Document 11614 Filed 09/15/22 Page 2 of 5

recognized water right(s).
4.

Pursuant to Rule 60(a) of the Federal Rules of Civil Procedure, the Court may correct the
omission on motion by Plaintiff.

5.

There is no just reason for delay for the entry of a corrected final judgment as to the
elements of the rights(s) of the Defendant(s) adjudicated by this order.

6.

The right(s) of the Defendant(s) to divert and use the public waters from the Rio Chama
Stream System, Rio Cebolla, Section 3, are set forth below:

A. IRRIGATED LANDS (Surface Water Only):
Office of the State Engineer File No(s): 01133 - 01167
Priority: 1889
Source of Water: Surface waters of the Rito Cienega Redonda, a tributary of the Rio
Cebolla, a tributary of the Rio Chama.
Purpose of Use: IRRIGATION
Point of Diversion:
Ditch:

ALTO DITCH

Location X: 1,578,556 feet

Location Y: 2,012,106 feet

New Mexico State Plane Coordinate System, Central Zone, NAD 1983
Location and Amount of Irrigated Acreage:
Section 35, Township 27N, Range 04E, N.M.P.M.
Pt. NE¼

20.4 acres

Pt. NW¼

0.8 acres
2

Case 6:69-cv-07941-KWR-KK Document 11614 Filed 09/15/22 Page 3 of 5

Total

21.2 acres

As shown on the attached revised Hydrographic Survey Map for Subfile No.:
CHCB-003-0005
Amount of Water (acre-feet per acre per year, not to exceed):
Reserved for future determination by court order entered July 25, 2000.
B. NO RIGHT (Surface Water Only):
Office of the State Engineer File No(s): NONE
Priority: NONE
Source of Water: Surface waters of the Rito Cienega Redonda, a tributary of the Rio
Cebolla, a tributary of the Rio Chama.
Purpose of Use: NO RIGHT
Point of Diversion:
Ditch:

ALTO DITCH

Location X: 1,578,556 feet

Location Y: 2,012,106 feet

New Mexico State Plane Coordinate System, Central Zone, NAD 1983
Location and Amount of Acreage:
Section 35, Township 27N, Range 04E, N.M.P.M.
Pt. NE¼

5.8 acres
Total

5.8 acres

( No Right )

As shown on the attached revised Hydrographic Survey Map for Subfile No.:
CHCB-003-0005
3

Case 6:69-cv-07941-KWR-KK Document 11614 Filed 09/15/22 Page 4 of 5

Amount of Water (acre-feet per acre per year, not to exceed):
NONE
7.

Defendant(s) have no surface water rights in the Rio Chama Stream System, Rio Cebolla,
Section 3, other than those set forth in this order and those other orders entered by this
Court in this cause.

8.

Defendant(s), his or her successors, representatives, heirs and assigns, should be enjoined
from any use of the surface waters of the Rio Chama Stream System, Rio Cebolla,
Section 3, except in strict accordance with the water rights described herein.

9.

The water rights described herein, if any, are adjudicated subject to the right of any other
water right claimant with standing to object prior to the entry of a final decree.
IT IS THEREFORE ORDERED that the rights of the Defendant(s) to divert and use

the waters of the Rio Chama Stream System, Rio Cebolla, Section 3, are as set forth herein. The
Defendant(s), his or her successors, representatives, heirs and assigns, are enjoined from any
diversion or use of the public surface waters of the Rio Chama Stream System, Rio Cebolla,
Section 3, except in strict accordance with the rights set forth herein or in other orders of the
Court.
The Court enters this Order as a final judgment as to the elements of Defendants’ water
rights set forth herein, subject to the right of other claimants to file objections to individual
adjudication orders, and to the entry of the final decree in this proceeding.
IT IS SO ORDERED.

4

Case 6:69-cv-07941-KWR-KK Document 11614 Filed 09/15/22 Page 5 of 5

_________________________________
KEA W. RIGGS
UNITED STATES DISTRICT JUDGE

5