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

Filing 11652

ORDER CORRECTING DEFAULT JUDGMENT FOR SUBFILE NO. CHCJ-003-0058 by District Judge Kea W. Riggs. Plaintiff State of New Mexico, ex rel. State Engineer's (State) 11650 Motion to Correct Error in Default Judgment for Subfile filed July 7, 2023, is GRANTED. (ve)

Case 6:69-cv-07941-KWR-KK Document 11652 Filed 07/26/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
STATE OF NEW MEXICO ex rel.
State Engineer, et al.,
No. 6:69-cv-07941-KWR-KK
Plaintiffs,
RIO CHAMA STREAM SYSTEM
v.
Section 3:

Canjilon Creek

Subfile No.:

CHCJ-003-0058

ROMAN ARAGON, et al.,
Defendants.
ORDER CORRECTING DEFAULT JUDGMENT
FOR SUBFILE NO. CHCJ-003-0058
THIS MATTER is before the Court on Plaintiff State of New Mexico, ex rel. State
Engineer’s (“State”) Motion to Correct Error in Default Judgment for Subfile No. CHCJ-0030058, Doc. 11650, filed July 7, 2023.
On December 5, 2007, the State moved the Court to enter default judgment against the
Defendants associated with Subfile No. CHCJ-003-0058. See Doc. 9039. The Court granted the
motion and entered default judgment incorporating the terms of the State’s proposed consent order
for this subfile. See Doc. 9110, filed February 13, 2008.
The State now moves the Court to correct the Order granting default judgment for Subfile
No. CHCJ-003-0058 pursuant to Rule 60(a) of the Federal Rules of Civil Procedure stating:
2.

The default judgment for this subfile incorrectly identifies El Llano Ditch
as the point of diversion for the surface irrigation right in Header A.

3.

The correct point of diversion for the surface irrigation right in Header A is
Bordo Ditch.

4.

Correcting the point of diversion for the water right does not affect the
nature or extent of the water right.

5.

The State attempted to contact the Defendants to determine if they oppose
this motion but was unsuccessful.

Case 6:69-cv-07941-KWR-KK Document 11652 Filed 07/26/23 Page 2 of 2

Motion at 1-2; see Fed. R. Civ. P. 60(a) (“The court may correct a clerical mistake or a mistake
arising from oversight or omission whenever one is found in a judgment, order, or other part of
the record”). No responses opposing the Motion have been filed.
IT IS ORDERED that:
(i)

Plaintiff State of New Mexico, ex rel. State Engineer’s (“State”) Motion to
Correct Error in Default Judgment for Subfile No. CHCJ-003-0058, Doc. 11650,
filed July 7, 2023, is GRANTED.

(ii)

The Court’s Order Granting Default Judgment, Doc. 9110, filed February 13, 2008,
is corrected by changing the description of the point of diversion for Header A from
El Llano Ditch to Bordo Ditch.

(iii)

The Clerk of Court shall mail a copy of this Order to the Defendants at the following
address:
Abraham A. Chavez
Lena E. Chavez
815 ½ North Aztec Blvd.
Aztec, NM 87410

IT IS SO ORDERED.

_________________________________
KEA W. RIGGS
UNITED STATES DISTRICT JUDGE

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