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PHELPS DODGE CORP. v. AZ DEPT. OF WATER RESOURCES

No. 1 CA-CV04-0491.

118 P.3d 1110 (2005)

PHELPS DODGE CORPORATION, Plaintiff/Appellant, v. ARIZONA DEPARTMENT OF WATER RESOURCES; USDA Forest Service, Tonto National Forest; Salt River Valley Water Users' Association and Salt River Project Agricultural Improvement and Power District, Defendants/Appellees.

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

August 30, 2005.

Attorney(s) appearing for the Case

Ryley Carlock & Applewhite, P.A. by Cynthia M. Chandley, John C. Lemaster, Sean T. Hood, Phoenix, Attorneys for Plaintiff/Appellant.

Arizona Department of Water Resources by W. Patrick Schiffer, Chief Counsel Janet L. Ronald, Deputy Counsel, Phoenix, Attorneys for Appellee Arizona Department of Water Resources.

Paul K. Charlton, United States Attorney by Sue A. Klein, Assistant United States Attorney, Phoenix, United States Department of Justice Environment and Natural Resources Division By Katherine J. Barton, Pro Hac Vice, Washington, DC, and U.S. Department of Agriculture by Randall J. Bramer, Office of General Counsel, Golden, CO, Attorneys for Defendant/Appellee USDA Forest Service.

Salmon, Lewis & Weldon, P.L.C. by John B. Weldon, Jr., Mark A. McGinnis, Rebecca C. Goldberg, Phoenix, Attorneys for Defendants/Appellees Salt River Project.

Terry Goddard, Attorney General by James F. Odenkirk, Assistant Attorney General, Joy Hernbrode, Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae Arizona Game and Fish Commission.

OPINION

KESSLER, Presiding Judge.

¶ 1 This appeal arises out of a challenge to an application for an appropriative water right to instream flows filed with the Arizona Department of Water Resources ("ADWR"). We are called upon to decide whether Arizona law allows the ADWR to issue permits for instream water rights, and whether the ADWR violated the Arizona Administrative Procedure Act (the "APA") by using the Guide to Filing Applications for Instream...

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