UNITED STATES v. GILA VALLEY IRRIGATION DISTRICT

No. 25563.

454 F.2d 219 (1972)

UNITED STATES of America, Petitioner-Appellee, v. GILA VALLEY IRRIGATION DISTRICT et al., Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

January 19, 1972.


Attorney(s) appearing for the Case

Robert O. Lesher (argued), of Lesher & Scruggs, Tucson, Ariz., Anderson & Welker, Safford, Ariz., for respondents-appellants.

Robert S. Lynch, Asst. U. S. Atty., (argued), R. S. Alleman, Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Phoenix, Ariz., Robert Hurley (argued), of Jennings, Strouss & Salmon, Phoenix, Ariz., Gust, Rosenfeld & Divelbess, Phoenix, Ariz., Edmund B. Clerk, Martin Green, Robert S. Lynch, Dept. of Justice, Shiro Kashiwa, Asst. Atty. Gen., Lands & Nat. Resources Division, Washington, D. C., for petitioner-appellee.

Before DUNIWAY, ELY and CHOY, Circuit Judges.


CHOY, Circuit Judge:

This is an appeal from a decree of the District Court declaring improper certain water-diversion practices of the Water Commissioner appointed by that court to administer its prior decree of June 29, 1935. We affirm.

The Gila River originates in Western New Mexico and flows in a general westerly direction across Arizona to its confluence with the Colorado River. The river's volume varies greatly during the year, and the region through...

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