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

Filing 11627

ORDER CORRECTING CLERICAL ERROR AFFECTING CHAVEZ CREEK DITCHES NO. 1 AND NO. 2 IN SECTION 7 RIO BRAZOS OF THE RIO CHAMA STREAM SYSTEM by District Judge Kea W. Riggs. Plaintiff State of New Mexico, ex rel. State Engineer's 11620 Opposed Motion to Correct Clerical Error Affecting Chavez Creek Ditches No. 1 and No. 2 in Section 7 Rio Brazos of the Rio Chama Stream System is GRANTED. (ve)

Case 6:69-cv-07941-KWR-KK Document 11627 Filed 12/13/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
STATE OF NEW MEXICO, ex rel.
State Engineer
Plaintiff,

Case No.: 6:69-cv-07941-KWR-KK

v.

RIO CHAMA STREAM SYSTEM
Section 7: Rio Brazos

ROMAN ARAGON, et al.,

Subfile Nos.: CHRB-002-0001
CHRB-002-0002

Defendants.

ORDER CORRECTING CLERICAL ERROR AFFECTING
CHAVEZ CREEK DITCHES NO. 1 AND NO. 2 IN
SECTION 7 RIO BRAZOS OF THE RIO CHAMA STREAM SYSTEM
THIS MATTER comes before the Court on Plaintiff State of New Mexico, ex rel. State
Engineer’s (“State”) Opposed Motion to Correct Clerical Error Affecting Chavez Creek Ditches
No. 1 and No. 2 in Section 7 Rio Brazos of the Rio Chama Stream System (Docket No. 11620,
filed November 21, 2022). The State requests that the Court enter an order correcting the X and
Y coordinates for the points of diversion in Subfile Nos.: CHRB-002-0001 and CHRB-002-0002,
the two subfiles associated with Chavez Creek Ditch No. 1 and Chavez Creek Ditch No. 2. The
State considers the Motion as opposed because the "State attempted to contact the water rights
owners for Subfile No. CHRB-002-0002 regarding this motion but was unsuccessful." The
water rights owners for Subfile No. CHRB-002-0001 do not oppose the Motion. 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.
IT IS ORDERED that Plaintiff State of New Mexico, ex rel. State Engineer’s Opposed
Motion to Correct Clerical Error Affecting Chavez Creek Ditches No. 1 and No. 2 in Section 7

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Case 6:69-cv-07941-KWR-KK Document 11627 Filed 12/13/22 Page 2 of 2

Rio Brazos of the Rio Chama Stream System (Docket No. 11620, filed November 21, 2022) is
GRANTED.
IT IS FURTHER ORDERED that the point of diversion for Chavez Creek Ditch No. 1
in Subfile Nos.: CHRB-002-0001 and CHRB-002-0002 is amended as described below.
Point of Diversion:
Ditch:

CHAVEZ CREEK DITCH NO. 1

Location X:

1,568,855 feet

Location Y:

2,093,836

IT IS FURTHER ORDERED that the point of diversion for Chavez Creek Ditch No. 2
in Subfile No. CHRB-002-0001 is amended as described below.
Point of Diversion:
Ditch:

CHAVEZ CREEK DITCH NO. 2

Location X:

1,569,231 feet

Location Y:

2,095,199

IT IS ALSO ORDERED that the Clerk of the Court shall mail a copy of this order to the
water rights owners at the following addresses:
Garcia Revocable Trust
C/O Joseph O. Garcia
P.O. Box 90398
Mundy Ranch, Inc.
C/O Susan Jane M. Mundy
P.O. Box 1087
Chama, NM 87520
IT IS SO ORDERED.

_________________________________
KEA W. RIGGS
UNITED STATES DISTRICT JUDG
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