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By Notice dated October 23, 2006, Yakima County Superior Court authorized the establishment of a working group to address Final Decree issues for the Yakima River Basin Surface Water Adjudication. Further clarification from the Court occurred on January 16, 2007. Publishing information prepared by the working group and significant Court documents on Ecology's website was part of the Final Decree Working Group process. Information regarding further activities of the working group will continue be posted to this website as it becomes available. The Court may also issue additional Orders and establish timeframes that will posted to this website.
The Court set a deadline of six months. Meetings occurred monthly. Oral progress reports were provided to the Court at the monthly water day hearings. Two written progress reports were submitted to the Court on February 21, 2007 and May 17, 2007, respectively. Although it was an effective process, unanimous consensus was not reached on all issues. Discussion among the working group may continue regarding enforcement. Proposed language arising from the discussion may be submitted to the Court. On June 14, 2007, consistent with the intent of the working group, Ecology submitted its Draft Proposed Final Decree to the Court.
The Court entered an Order on June 20, 2007 setting a timeline for commenting or objecting to the Draft Proposed Final Decree. A copy of this Order is included in the July 1, 2007 monthly notice and there is a link through this website. Comments and/or objections are due by August 22, 2007. Full briefing of the issues is not yet needed, but sufficient information is necessary for the Court to be able to determine its meaning and intent. On September 13, 2007 the Court will hold a hearing to discuss these comments and objections. If necessary, the Court will then set a schedule for full briefing of the issues.
The working group also determined that Pre-Trial Order No. 8, entered on March 3, 1989, needed to be amended to reflect the current status of the adjudication and provide a schedule for commenting or objection to the Proposed Final Decree. Ecology filed a Motion with the Court for the amendment of Pre-Trial Order No. 8 to be heard on August 9, 2007. These documents are published in the July 1, 2007 Monthly Notice and are available through this website.
Proposed injunction language from Pat Barry and Charlie Shockey (USDOJ)
Below please find the language for Paragraph 10 that I proposed at our last meeting. The model for this language can be found in Article XIII of the Gila Decree, Globe Equity (1935). The Gila Water Commissioner runs a web page http://www.gilawater.org/ and the Decree may be found at www.gilawater.org/decree.html
That each and all of the parties, their assigns and successors in interest, to whom rights to water are decreed in this cause are hereby enjoined and restrained from asserting or claiming any right, title or interest in or to the waters of the River, except the rights specified, determined and allowed by this decree.
That each and all of the parties, their assigns and successors in interest are hereby perpetually restrained and enjoined from diverting, taking or interfering in any way with the waters of the River so as in any manner to prevent or interfere with the diversion, use or enjoyment of said waters by the owners of prior or superior rights therein as defined and established by this Decree.
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