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STATE v. HARPHAM

Nos. 2 CA-CIV 155 to 2 CA-CIV 157.

2 Ariz. App. 478 (1966)

410 P.2d 100

STATE of Arizona ex rel. Obed M. LASSEN, State Land Commissioner of the State of Arizona, Appellant, and Douglas Basin Water Users Association, Intervenors, v. Mary E. HARPHAM, Mary R. McCarty, Chester L. and Lois D. Jones, husband and wife, Appellees. STATE of Arizona ex rel. Obed M. LASSEN, State Land Commissioner of the State of Arizona, Appellant, v. Gertrude SLOVER and Black & Jensen Drilling Company, Appellees. STATE of Arizona ex rel. Obed M. LASSEN, State Land Commissioner of the State of Arizona, Appellant, v. Ralph C. COWAN, Anderson Irrigation Drilling Co., J.B. Hayes, Freeland Davis, Gene Latimer and W.E. McGlothlin, Appellees.

Court of Appeals of Arizona.

Rehearing Denied February 2, 1966.

Review Denied February 23, 1966.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Dale R. Shumway, Sp. Asst. Atty. Gen., for appellant.

Robertson, Childers, Burke & Drachman, by Frank E. Drachman, Jr., Tucson, for appellees Harpham and McCarty.

Willoughby & Slaughter, by Stuart C. Willoughby, Willcox, for appellees Chester and Lois Jones.

Boyle, Bilby, Thompson & Shoenhair, by Marvin S. Cohen, Tucson, for appellees Slover, Black & Jensen Drilling Co., and McGlothlin.

Gentry, McNulty & Toci, by James F. McNulty, Jr., Bisbee, for appellees Cowan, Davis and Latimer.

John M. Williams, Douglas, for intervenor Douglas Basin Water Users Assn.

KRUCKER, Chief Judge.

The parties will be referred to as they appeared in the lower court.

The State Land Department initiated three separate actions for preliminary and permanent injunctions against each defendant herein to enjoin the completion of irrigation wells upon land lying within the Douglas Groundwater Basin, determined to be a critical groundwater area. The lower court issued temporary restraining orders against each defendant. Motions for summary...

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