MATTER OF DETERMINATION OF CONFLICTING RIGHTS

Nos. CIV 79-182 PHX VAC to CIV 79-187 PHX VAC and CIV 79-267 PHX VAC.

484 F.Supp. 778 (1980)

In the Matter of the DETERMINATION OF CONFLICTING RIGHTS TO the USE OF WATER FROM the SALT RIVER ABOVE GRANITE REEF DAM and its Tributaries Including Tonto Creek, Excluding the Verde River and its Tributaries, (three cases). Petition of SALT RIVER VALLEY WATER USERS' ASSOCIATION. (three cases). SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY, Plaintiff, v. The STATE OF ARIZONA and John M. Little, Acting Commissioner of the Arizona State Land Department, Defendants. SAN CARLOS APACHE TRIBE OF ARIZONA, Plaintiff, v. The STATE OF ARIZONA, a body politic; and the State Land Department of the State of Arizona; and John M. Little, Individually and as Acting Commissioner of the State Land Department of the State of Arizona; and Salt River Valley Water Users' Association, an Arizona Corporation, Defendants. PAYSON COMMUNITY OF YAVAPAIAPACHE INDIANS, Plaintiff, v. The STATE OF ARIZONA, a body politic; and the State Land Department of the State of Arizona; and John M. Little, Individually and as Acting Commissioner of the State Land Department of the State of Arizona; and Salt River Valley Water Users' Association, an Arizona Corporation, Defendants. FORT McDOWELL MOHAVE-APACHE INDIAN COMMUNITY, for and on behalf of itself and its members, Plaintiff, v. SALT RIVER VALLEY WATER USERS' ASSOCIATION; Salt River Project Agricultural Improvement and Power District; City of Phoenix; City of Prescott; City of Jerome; Phelps Dodge Corporation; Phelps Dodge Industries, Inc.; Arizona Water Company; Miller Brothers Farms, Inc.; Camp Verde Water Systems; Cottonwood Water Works, Inc.; Copper Basin Water Co.; V Bar V Cattle Co., Inc.; Harold W. Bullard; and the State of Arizona, Individually and as representative of a class composed of all others similarly situated, Defendants.

United States District Court, D. Arizona.

January 18, 1980.


Attorney(s) appearing for the Case

William H. Veeder, Washington, D. C., Kathleen A. Rihr, Phoenix, Ariz., for White Mountain Apache Tribe.

Jennings, Strouss & Salmon by M. Byron Lewis, John B. Weldon, Jr., Phoenix, Ariz., for Salt River Valley Water Users' Association.

Lawrence A. Aschenbrenner, Arlinda F. Locklear, Native American Rights Fund, Washington, D. C., Gary L. Thomas, Phoenix, Ariz., for Ft. McDowell Mohave-Apache Indian Community.

Rodney B. Lewis, Sacaton, Ariz., Cox & Cox, Sandra L. Massetto, Phoenix, Ariz., for Gila River Indian Community.

Philip J. Shea, Marks, Shea & Wilks, Phoenix, Ariz., Joe P. Sparks, Sparks & Siler, P. C., Scottsdale, Ariz., for San Carlos Apache Tribe of Arizona and Payson Community of Yavapai-Apache Indians.

Russell A. Kolsrud, Asst. Atty. Gen., Civ. Div., Phoenix, Ariz., for State of Arizona.

Michael D. Hawkins, U. S. Atty., James P. Loss, Asst. U. S. Atty., Phoenix, Ariz., Myles E. Flint and Steven E. Carroll, Attys., Dept. of Justice, Land and Natural Resources Div., Washington, D. C., for United States.


OPINION AND ORDER

CORDOVA, District Judge.

The matters now before this Court are the defendants' motions to dismiss (nos. CIV 79-185, 79-189, 79-187 and 79-267) and the defendants' motions to remand (nos. CIV 79-182, 79-183 and 79-184). These actions, generally, request a declaration of rights to the water of several water systems in the State of Arizona.

The central question presented by these cases is whether this Court should remand these cases...

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