Surface Water Rights.

As discussed in the 2008 memo, the primary adjudication claim, SOC 39-2140, talks about Aravaipa Creek being a direct source of water.  There were no corresponding surface water filings.

Per the 1995 statutes, we can claim pre-1919 rights in a "36-filing" if we can prove that they existed.  Anything after that would need to go through an expensive application and permitting process that will take years and will mostly likely be contested.

It's somewhat creative, but the draft 36-filing cites stockwatering uses and relies on old homestead and cattle branding records to show that stockwatering did indeed take place since at least 1906, before the 1919 deadline.  I think we can move the priority date earlier than what's in the draft, but thought you should look at "the evidence" and decide how far you want to push it.

We can probably move the claimed priority to earlier than 1906 -- currently, it's listed as the earliest homestead patent date.  However, before a homestead patent was granted, settlers had to live on and improve the land for five years, which suggests that we could use a 1901 priority if we linked it to the earliest homestead patent.  One of the cattle ranchers had a 1910 homestead, so if we linked the cattle brand information that's attached as an exhibit with his homestead, we could push it back to 1905.  I leave it to you to decide what you think we should do.

The stockwatering uses and the 36-filing are claimed in the stockwatering use statement of claimant amendment and the volume is based on 30-50 head.

• 36-filing for Aravaipa Creek water;
• Schedule A to the 36-filing (for some reason, some of the Word documents open on my laptop and main computer but show as corrupt when trying to download, so I switched this to a PDF file).
• Exhibit packet for the 36-filing.