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ARIZONA GAME & F. DEPT. v. ARIZONA STATE LAND DEPT.

No. 2 CA-CIV 1786.

24 Ariz. App. 29 (1975)

535 P.2d 621

ARIZONA GAME AND FISH DEPARTMENT, Appellant, v. ARIZONA STATE LAND DEPARTMENT, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 26, 1975.

Review Denied September 18, 1975.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by Frank J. Sagarino, Asst. Atty. Gen., Phoenix, for appellant.

Bruce E. Babbitt, Atty. Gen., by Jack L. Lansdale, Jr., Tucson, for appellee.

OPINION

HOWARD, Chief Judge.

Appellant applied for a permit to appropriate the waters which flow intermittently in Papalote Wash, a tributary of the Sopori Wash which is in turn a tributary of the Santa Cruz River. The waters were to be used to construct a reservoir and store water for wildlife and recreational purposes. Washes like the Papalote and the Sopori form the principal source of recharge to the upper...

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