United States District Court, D. New Mexico
UNITED STATES OF AMERICA, and STATE OF NEW MEXICO, ex rel. STATE ENGINEER, Plaintiffs,
A & R PRODUCTIONS, et al., Defendants. and ZUNI INDIAN TRIBE, NAVAJO NATION, Plaintiffs in Intervention, Subfile No. ZRB-4-0169
RIVER BASIN ADJUDICATION
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED
FINDINGS AND RECOMMENDED DISPOSITION
matter is before the Court on the Magistrate Judge's
Proposed Findings and Recommended Disposition (PFRD), filed
September 9, 2016 (Doc. 3313), and the Plaintiffs' joint
Motion for Summary Judgment, filed August 15, 2016 (Doc.
3306). Subfile Defendants Henry Ray and Rebecca Grizzle did
not respond to the motion for summary judgment within the
time allotted and did not request an extension of time to
respond. However, the Grizzles did submit a response to the
motion for summary judgment on September 12, 2016. (Doc.
3314.) The Grizzles concede that the response was late.
(Id.) The only semblance of argument presented in
the Grizzles' response relates to the Pacific Railroad
Act of 1862, but there are no factual or legal assertions
contained in the response other than that Mr. Grizzle has
read the Act. (Id.)
the deadline to file objections to the PFRD, the Grizzles
submitted a request for appellate review of the PFRD, which
the Court construes as objections under 28 U.S.C. §
636(b)(1). Objections to a PFRD “must be both timely
and specific to preserve an issue for de novo review by the
district court or for appellate review.” United
States v. One Parcel of Real Prop., with Blgs.,
Appurtenances, Improvements, & Contents, 73 F.3d
1057, 1060 (10th Cir. 1996). The Grizzles again summarily
state that their water rights are governed by the Pacific
Railroad Act of 1862, without additional citation or
Court finds that these objections are insufficiently specific
to allow the Court to focus in on alleged errors in the PFRD.
Accordingly, any objections the PFRD are overruled.
THEREFORE ORDERED that:
1) the PFRD is adopted as an order of the Court;
2) the Plaintiffs' Motion for Summary Judgment (Doc.
3306) is GRANTED;
3) the right of the Defendants, Henry Ray and Rebecca
Grizzle, to divert and use the public waters of the Zuni
River Stream System, Sub-areas 1, 2, and 3, is as set forth
Map Label: 2A-1-W035
OSE File No: G 01538
Priority Dated: 12/31/1950
Purpose of Use: NON 72-12-1 DOMESTIC & LIVESTOCK
Well Location: As shown on Hydrographic Survey ...