07A-TR001-DWR
Hearing Location: Beaver Dam High School 3470 E. Rio Virgin Beaver Dam , Arizona 85642
To view docket entries, see OAH Portal.
1. Case Management Order No. 1; T. Shedden 01/17/07
: 1) Modifying Document Service and Filing Requirements; 2) Requiring Presubmission of Exhibits; 3) Establishing Filing Deadlines; and 4) Denying ADWR's Motion for Pre-hearing Conference.
2. Case Management Order No. 2 ; T. Shedden 01/19/07: Amending Case Management Order No. 1; T. Shedden 1/17/07 to delete references to "Protestants," Includes conformed reissued Case Management Order No.1 which: 1) Modifies Document Service and Filing Requirements; 2) Requires presubmission of Exhibits; 3) Establishes Filing deadlines; and 4) Denies ADWR's Motion for pre-hearing Conference.
3. Case Management Order No. 3 ; T. Shedden 01/24/07: Ruling on Motion to Clarify Submission of Exhibits by Interested Persons and Status of Interested Persons (see Motion for Clarification of Case Management Order No. 2); and 2) Setting Pre-Hearing Conference
4. Case Management Order No. 4 ; T. Shedden 02/1/07: Minute Entry: Advisement on Status of Motions to Intervene and February 5, 2007 Pre-Hearing Conference
5. Case Management Order No. 5 ; T. Shedden 02/7/07: (1) Summary of Pre-Hearing Conference (2) Clarifying Status of Interested Persons' Involvement; (3) Providing Tentative Schedule
6. Case Management Order No. 6 ; T. Shedden 02/8/07: (1) Denying Motions to Intervene
7. Case Management Order No. 7 ; T. Shedden 02/8/07: (1) Denying Motion to Strike (2) Granting Permission to Respond
8. Case Management Order No. 8 ; T. Shedden 02/9/07: Setting Standards for Submission of Hearing Exhibits
9. Case Management Order No. 9 ; T. Shedden 02/9/07: (1) Providing Media-Access Guidelines (2) Setting Deadline For Filing Media Requests
10. Case Management Order No. 10 ; T. Shedden 02/14/07: Granting Parties' Request to Extend Deadline To File Hearing Exhibits
11. Case Management Order No. 11 ; T. Shedden 02/14/07: Clarifying the Scope of Case Management Order No. 8
15. CASE MANAGEMENT ORDER No. 15 ; T. Shedden 03/1/07 In re: Request for Court Reporter
16. posted 3/18/07 CASE MANAGEMENT ORDER No. 16 ; T. Shedden 03/12/07
(1) Confirming Date of Status Conference to Set Briefing Schedule
Confirming that No Further Submissions from Interested Persons will be Considered.
17. posted 3/27/07 CASE MANAGEMENT ORDER No. 17 ; T. Shedden 03/27/07
Declining Late Submission From the Arizona Corporation Commission
18. posted 4/12/07 CASE MANAGEMENT ORDER No. 18 ; T. Shedden 04/12/07
CASE MANAGEMENT ORDER No. 18
(1) Confirming Briefing Schedule
(2) Holding Record Open Until September 7, 2007
19. posted 6/18/07 CASE MANAGEMENT ORDER No. 19 ; T. Shedden 06/15/07
CASE MANAGEMENT ORDER No. 19
1) Vacating Filing Deadlines
(2) Setting Filing Date for Status Report
20. posted 8/3/07 CASE MANAGEMENT ORDER No. 20 ; T. Shedden 08/3/07
CASE MANAGEMENT ORDER No. 20
(1) Re-Setting Filing Deadlines
(2) Setting New Date for Closing Record
21. posted 9/11/07 CASE MANAGEMENT ORDER No. 21 ; T. Shedden 09/11/07 Setting Filing Deadline
22. posted 10/2/07 CASE MANAGEMENT ORDER No. 22 ; T. Shedden 10/2/07 Denying Motion to Strike
Per Case Management Order No 1, as amended by Case Management order No. 2, T. Shedden 1/19/07, all documents and exhibits must be filed electronically. Electronically filed motions will be posted in Section C, below. Other documents, including briefs, exhibits list, etc. will be posted in Section D, below. The posting of electronically filed documents by the OAH constitutes service on all parties.
View posted electronically filed motions, responses and orders here...
View posted electronically filed documents and exhibits here...
1. Question received 1/19/07: We received the court’s instructions that all exhibits must be electronically filed by January 30, 2007. We are in need of additional instructions as to how the documents are to be electronically filed. We are familiar with the Maricopa County Superior Court system of filing pleadings electronically. There is no instruction that we could find, however, in the Court Management Order or on the OAH website regarding electronic filing of exhibits. Our exhibits may exceed over 1000 pages... In addition, many of these documents are maps and not in a traditional 8 ½ by 11 format. Some of the documents are in the form of bound hydrologic reports. We need to know (1) what electronic form the court will accept the documents (i.e. is PDF acceptable?) and (2) the specific electronic filing process (do we send the documents by email? Can we provide them on a disk? Is there an electronic filing system in place similar to the Superior Court?). We need this instruction as soon as possible so that we can begin to prepare the documents for electronic filing by the court ordered deadline of Tuesday, January 30, 2007.
2. Question received 1/23/07: This question pertains to Case Management Order No. 2. Case Management Order No. 1 required that Applicant's, Protestants and ADWR's Exhibits be filed on February 14. Case Management Order No. 2 does not require that "interested parties" file their exhibits with the court. Please advise whether interested parties will be permitted to present exhibits at the hearing, and if so, will they be required to be disclosed to Applicant and ADWR prior to the hearing, and when.
3. Question received 1/25/07: I am a resident of Beaver Dam Arizona and I am very concerned about the possibility of our water being transported out of Arizona to Nevada. I can not find any data that has been collected that assures me that I will have a guarenteed water supply in the future if this is allowed. I want to submit a written statement and give oral testimony at the hearing on March 2,3 and 4, 2007. Could you tell me in plane english what deadline applies and when I need to submit my statement. Thank You
4. Question received 1/25/07: I have read through all the materials recieved from you and I am confused as to how to submit a brief and how I can be heard at the hearing. The information I recieved states I am to send my comments to the agency. Who is that?
If you wish to receive an e-mail alerting you to any new posting, submit your e-mail address here...
To listen a digital recording of the hearing download this program (choose open when prompted to download to your computer. )
Hearing audio March 3, 2007 (evening)
Last update: September 11, 2007
03.03.07_Wind_River_Part_1_pp._279-391_
03.03.07 Wind River Part 2 pp. 392-514
03.03.07 Wind River Part 3 pp. 515-635
03.04.07 Wind River Part 1 pp. 636-746
3.04.07 Wind River part 2 pp. 747-780
Last update: October 30, 2007
posted 10/30/07 T. Shedden 10/30/07
Last update: November 28, 2007
posted 11/28/07 Herbert R. Guenther 11/28/07
Last update: January 9, 2008
Motions for Review
Homepage |
Background of the OAH |
About the Assigned ALJ |
OAH Procedural Rules Governing Hearings |
Summary of Rules |
Statutory Rules Governing Hearings |
Articles from the OAH Newsletter |
Filing a Motion Electronically |
OAH Quarterly Statistics
B. Required Electronic Submission of Pleadings and Exhibits:
>How to file electronic pleadings and exhibits:
Here is an example of a certification that did not include an attached document.
Here is an example of a certification of an e-mail that included an attachment. Hearing Exhibits
Last update: February 9, 2007Submission quidelines for hearing exhibits have been established per Case Management Order No. 8.
C. Motions Filed; Time for Response, if any; Responses; Orders
D. Electronically Submitted Documents and Exhibits
E. Questions Answered - Submit questions to be included in this webpage here...
Answer 1/20/07: Thank you for your question. Section B, above now indicates that submissions may be by e-mail attachment or cd. In either case, the e-mail certification should be sent. Additional specifications regarding acceptable file formats and other guidlines, have now been posted under Section B and here.
Answer 1/23/07: Thank you for your question. Your submission is more in the nature of a motion for clarification which has been referred to ALJ and posted in Section C, here.
Answer 1/25/07: Thank you for your question. Written testimony must be submitted on or before February 15, 2007. For scheduling purposes any Interested Person that wants to provide oral testimony must submit a request on or before February 15, 2007; that request must include a statement summarizing the proposed testimony and explaining why oral testimony is necessary. See Case Management Order No. 2 ; T. Shedden 01/19/07" Case Management Order No. 2.
Answer 1/25/07: See Case Management Order No. 2 ; T. Shedden 01/19/07" Case Management Order No. 2 , Section A, above, which requires electronic submission of all documents and establishes timelimits. See section B, above, regarding how to submit electronic documents. Section B has been revised to make explicit that you may simply send an e-mail explaining your position, without attaching an electronic document. Following the directions as spelled out in section B will assure that you have sent your submission properly and to the correct agency. Your submission will be posted in Section D when received.
5. Question received 1/25/07: In the case of Wind River Resources,LLC Docket No 07A-TR001-DWR if I am reading the notice correctly we need to have briefs in by 1-30-07 in order to be considered to be heard. What about the people who don't have use of a computer or even knowledge to operate one?
Answer 1/25/07: The fact that you have sent your question by e-mail demonstrates that you have the technical capability to submit an electronic document. Section B has been revised to make explicit that you may simply send an e-mail explaining your position, without attaching an electronic document. Here is an example.
Following the directions as spelled out in section B will assure that you have sent them properly and to the correct agency. Your submissions will be posted in Section D when received.
6. Question received 2/12/07: With regard to Case Management Order #8: a) does it apply to only parties or also to interested persons? (concern re level of IT knowledge needed) b) does it apply only to exhibits submitted at the hearing during verbal testimony or also to exhibits attached to written testimony which is due February 15 (concern re timing and IT knowledge?
Answer 2/13/07: Case Management Order No. 8 applies to parties and Interested Persons, but applies only to exhibits to be used with testimony at the hearing.
7. Question received 2/20/07: At what time will the general public or "intrested persons" be able to speak at the hearing on March 2nd or 3rd?
Answer 2/26/07: As set forth in Case Management Order No. 2 a schedule will be posted on or before February 26th.
8. Question received 2/20/07: We would like to make a video record of the hearing. How do we place our name on the list of those requesting permission to do so?
Answer 2/26/07: One request has been timely received; An Order providing guidance will be posted as a Case ManagementOrder in Section A.
9. Question received 2/26/07: The latest order states that only 6 persons will be allowed to provide oral testimony. I believe the general public was under the impression that if we submitted written statements that we would also be given the opportunity to speak with Judge Shedden in an "after-hours" setting. Will interested parties be allowed to speak or is it only the 6 in the last order?
Answer 2/27/07: Only those Interested Persons that requested time to present oral testimony will be permitted to do so (this matter is an administrative hearing, not a public meeting). Case Management Order No. 2 required any Interested Person that wanted to present oral testimony to make a request for time. The schedule has been set based on the six requests received and the parties' estimates of how much time will be required to present their evidence.
F. E-mail Advisements
G. Audio Record of Hearing
H. Transcript
I. Administrative Law Judge Decision
J. Final Administrative Decision of the Arizona Department of Water Resources (ADWR)
K. Submissions to ADWR following its Final Administrative Decision
posted 12/28/07 Great American Land LLC Motion for Review.
posted 1/4/08 Biasi Joinder of Great American Land's Motion for ReviewResponse to Motions for Review
posted 1/8/08 Applicant's Response to Great American Land's Motion for Review.
ADWR Ruling
Decision of_ADWR Director Denying Motion for Review.