UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, and
Gila River Indian Community; San Carlos Apache Tribe of Arizona, Intervenor-Plaintiffs-Appellants/Cross-Appellees,
v.
GILA VALLEY IRRIGATION DISTRICT; Franklin Irrigation District; Freeport Minerals Corporation; Larry W. Barney; Viri Viva Lunt Revocable Trust; TRP Family Trust; Ronald Howard; Janice Howard; Myrna Curtis; Joe B. Tatum; Judy L. Tatum; Harrington Ranch and Farm; S&R Daley, LP; Steve Daley; Ross and Fawn Bryce Family Trust; Householder Family Limited Partnership; Kenneth Claridge, Defendants-Appellees/Cross-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 15, 2016, San Francisco, California.
Joe P. Sparks (argued) and Julia Rowen Kolsrud , The Sparks Law Firm P.C., Scottsdale, Arizona, for Intervenor-Plaintiff-Appellant/Cross-Appellee San Carlos Apache Tribe of Arizona.
Sean T. Hood (argued) and Rhett Billingsley , Fennemore Craig P.C., Phoenix, Arizona, for Defendant-Appellee/Cross-Appellant Freeport Minerals Corporation.
Robert B. Hoffman , Somach Simmons & Dunn, Sacramento, California; for Defendants-Appellees/Cross-Appellants Larry W. Barney, Viri Viva Lunt Revocable Trust, TRP Family Trust, Ronald Howard, Janice Howard, Myrna Curtis, Joe B. Tatum, Judy L. Tatum, Harrington Ranch And Farm, S&R Daley, LP, Steve Daley, Ross and Fawn Bryce Family Trust, Householder Family Limited Partnership, and Kenneth Claridge.
Before: Diarmuid F. O'Scannlain, Ronald M. Gould, and Milan D. Smith, Jr., Circuit Judges.
OPINION
O'SCANNLAIN, Circuit Judge:
In these consolidated appeals involving the Globe Equity Decree of 1935, we must decide whether landowners can transfer their rights to divert water from the Gila River which flows through southern Arizona.
I
A
These cases arise out of litigation that began over ninety years...
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