ARIZONA CENTER FOR LAW v. HASSELL

No. 1 CA-CV 89-134.

172 Ariz. 356 (1991)

837 P.2d 158

ARIZONA CENTER FOR LAW IN the PUBLIC INTEREST, a nonprofit corporation; Defenders of Wildlife, a nonprofit corporation; Michael Gregory; Thomas Wright, and James Vaaler, Plaintiffs-Appellants, v. Milo J. HASSELL, in his capacity as State Land Commissioner; Arizona State Land Department, an agency of the State of Arizona, and State of Arizona, Defendants-Appellees, Calmat Co. of Arizona, an Arizona corporation; Tanner Land Company, Inc., an Arizona corporation; Thomas M. and Frances K. Valente, husband and wife; First American Title Insurance Company of Arizona, an Arizona corporation; Maricopa County, a political subdivision of Arizona; Salt River Project Agricultural Improvement District, a political subdivision of Arizona, Defendants Intervenors-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Reconsideration Denied January 22, 1992.

Joint Motion for Dismissal Granted; Review Dismissed October 6, 1992.


Attorney(s) appearing for the Case

Arizona Center for Law in Public Interest by David S. Baron, Tucson, and Arizona State University College of Law by Douglas A. Blaze, Tempe, for plaintiffs-appellants.

Perry, Pierson & Kolsrud by Russell A. Kolsrud and Renee B. Gerstman, Phoenix, for defendants-appellees.

Snell & Wilmer by Robert B. Hoffman and Bruce P. White, Phoenix, for defendants intervenors-appellees Calmat, Tanner, and Valente.

Helm & Kyle, Ltd. by John D. Helm, Tempe, for defendant intervenor-appellee Maricopa County.

Mariscal, Weeks, McIntyre & Friedlander by James T. Braselton and Donald McIntyre, Phoenix, for defendant intervenor-appellee First American Title.

Jennings, Strouss & Salmon by James Ackerman and M. Byron Lewis, Phoenix, for defendant intervenor-appellee Salt River Project.

Douglas B. Baily, Atty. Gen., State of Alaska, Jim Jones, Atty. Gen., State of Idaho, Brian McKay, Atty. Gen., State of Nev., Hal Stratton, Atty. Gen., State of N.M., Nicholas Spaeth, Atty. Gen., State of N.D., R. Paul Van Dam, Atty. Gen., State of Utah, Kenneth O. Eikenberry, Atty. Gen., State of Wash., John Hough, Sr. Asst. Atty. Gen., State of Wash., John K. Van de Kamp, Atty. Gen., State of Cal., and Jan Stevens, Supervising Deputy Atty. Gen., State of Cal., Sacramento, Cal., for amici curiae States of Alaska, California, Idaho, Nevada, New Mexico, North Dakota, Utah and Washington.


OPINION

FIDEL, Presiding Judge.

In 1985, Arizona officials upset long-standing assumptions about title to riverbed lands by asserting that the state owned all lands in the beds of Arizona watercourses that were navigable when Arizona was admitted to the Union. The 38th Arizona Legislature responded by enacting 1987 Ariz. Sess. Laws, ch. 127 (H.B. 2017) (codified at Ariz. Rev. Stat. Ann. §§ 37-1101 to 37-1108, 12-510, and 12-529 (Supp. 1990)), substantially...

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