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UNITED STATES v. SMITH

No. 78-1869.

625 F.2d 278 (1980)

UNITED STATES of America, Appellant, v. J. Ed SMITH a/k/a Joseph Edward Smith, and Producers Minerals Corporation, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 11, 1980.

Attorney(s) appearing for the Case

Jacques Gelin, Asst. U. S. Atty., Washington, D. C., argued, for appellant; Richard S. Allemann, Asst. U. S. Atty., Phoenix, Ariz., on brief.

Wilford R. Richardson, Richardson & Mortensen, Safford, Ariz., for appellees.

Before WRIGHT, GOODWIN and WALLACE, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

FACTS

Smith, a landowner near the Gila River, was sued by the United States acting on its own behalf and on behalf of Indian tribes which have rights to the natural flow of the river. It is agreed that if Smith's well takes water from the river the government may have injunctive and monetary relief.

We affirm the district court's determination in dismissing the action that Smith's well does not appreciably...

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