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SILVER v. PUEBLO DEL SOL WATER CO.

No. 1 CA-CV 14-0811.

384 P.3d 814 (2016)

Robin SILVER, M.D.; United States of America, U.S. Department of Interior, Bureau of Land Management; and Patricia Gerrodette, Plaintiffs/Appellees, v. PUEBLO DEL SOL WATER COMPANY, an Arizona corporation; Thomas Buschatzke, in his official capacity as Director of the Arizona Department of Water Resources; Arizona Department of Water Resources, an agency of the State of Arizona, Defendants/Appellants.

Court of Appeals of Arizona, Division 1.

Filed November 8, 2016.

Attorney(s) appearing for the Case

Earthjustice, Denver, Colorado, By Heidi J. McIntosh (pro hac vice), Cynthia Christine Tuell , Counsel for Plaintiff/Appellee Silver.

U.S. Department of Justice Environment & Natural Resources Division, Washington, D.C., By John L. Smeltzer , R. Lee Leininger , Katherine J. Barton (pro hac vice), Counsel for Plaintiff/Appellee United States of America et al.

Arizona Center for Law in the Public Interest, Phoenix, By Joy Herr-Cardillo , Timothy M. Hogan , And, By David McDevitt , Counsel for Plaintiff/Appellee Patricia Gerrodette.

Law Office of William P. Sullivan, P.L.L.C., Phoenix, By William P. Sullivan , Counsel for Defendant/Appellant Pueblo

Arizona Department of Water Resources, Phoenix, By Kenneth C. Slowinski , Nicole D. Klobas , Janet L. Miller , Counsel for Defendant/Appellant ADWR et al.

Law Office of Bruce A. Burke, P.C., Tuscon, By Bruce A. Burke , Counsel for Amicus Curiae Leshy and Glennon.

Law Offices of Jesse J. Richardson Jr., Morgantown, West Virginia, By Jesse Richardson, Jr. (pro hac vice), And, Snell & Wilmer, L.L.P., Phoenix, By L. William Staudenmaier , Counsel for Amicus Curiae Water Systems Council.

Fennemore Craig, P.C., Phoenix, By Sean T. Hood , Rhett A. Billingsley , Counsel for Amicus Curiae Freeport Minerals Corporation

Presiding Judge Jon W. Thompson delivered the opinion of the Court, in which Judge Maurice Portley (Retired) and Judge Patricia K. Norris joined.

OPINION

¶ 1 This is an Adequate Water Supply Designation (AWSD or Designation) case. We are asked to decide whether the superior court erred by reversing the decision of the Arizona Department of Water Resources (ADWR or Department) approving the application by Pueblo Del Sol Water Company (Pueblo) to allow...

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