07A-TR001-DWR

Last update: January 9, 2008
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Hearing Date and Time: March 2 - 4, 2007
9:00 a.m.

Hearing Location: Beaver Dam High School 3470 E. Rio Virgin Beaver Dam , Arizona 85642

To view docket entries, see OAH Portal.


A. Procedural Orders

Last update: October 2, 2007

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

12. CASE MANAGEMENT ORDER No. 12; T. Shedden 02/16/07 Declining to Consider DVD as Great American Land LLC's Exhibit Based on Improper Format.

13. CASE MANAGEMENT ORDER No. 13; T. Shedden 02/26/087 (1) Denying Motion in Limine; (2) Allowing Wind River Leave to Amend; (3) Denying Request for Subpoena; (4) Denying Request for Copy of DVD; (5) Declining to Rule on Constitutionality of Statutes; (6) Allowing Six Interested Persons to Present Oral Testimony; (7) Granting Great American Land's Request for Media Access; (8) Providing Information on the Conduct of an Administrative Hearing; and (9) Declining to Consider Further Submissions Prior to the Hearing

14. CASE MANAGEMENT ORDER No. 14; T. Shedden 02/27/07 1) Declining to Consider DVD as an Exhibit (2) Declining to Visit Lytle Preserve (3) Denying Motions to Reconsider (4) Denying Consideration of Further Submissions

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


B. Required Electronic Submission of Pleadings and Exhibits:

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.


C. Motions Filed; Time for Response, if any; Responses; Orders

Last update: February 27, 2007

View posted electronically filed motions, responses and orders here...


D. Electronically Submitted Documents and Exhibits

Last update: October 10, 2007

View posted electronically filed documents and exhibits here...


E. Questions Answered - Submit questions to be included in this webpage here...

Last update: April 12, 2007

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?

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?

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?

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?

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?

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?