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McCLELLAN v. JANTZEN

No. 1 CA-CIV 3183.

26 Ariz. App. 223 (1976)

547 P.2d 494

Richard F. McCLELLAN, Appellant, v. Robert JANTZEN, Director of the Game and Fish Department of the State of Arizona, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied April 26, 1976.

Review Denied May 18, 1976.

Attorney(s) appearing for the Case

Lewis & Roca, by John P. Frank, Douglas L. Irish, Phoenix, for appellant.

Bruce E. Babbitt, Atty. Gen., by Peter C. Gulatto, Asst. Atty. Gen., Phoenix, for appellee.

OPINION

JACOBSON, Presiding Judge.

The sole issue raised by this appeal is whether the stocking of a lake with fish by the Arizona Game & Fish Department is an appropriation of the waters of that lake requiring a permit from the State Land Department.

The facts giving rise to the legal question presented are not in dispute. In 1903, appellant Richard F. McClellan's predecessor in interest appropriated the waters from springs known as the Maxwell...

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