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TOWN OF CHINO VALLEY v. CITY OF PRESCOTT

No. 15501.

131 Ariz. 78 (1981)

638 P.2d 1324

TOWN OF CHINO VALLEY, a municipal corporation; and Tom M. Sullivan, William J. Wells and Edwin J. Johnson, for and on behalf of themselves and other persons and legal entities constituting a class too numerous to be named as parties, Plaintiffs-Appellants, v. The CITY OF PRESCOTT, a municipal corporation, Defendant-Appellee.

Supreme Court of Arizona, In Banc.

Rehearing Denied January 15, 1982.

Attorney(s) appearing for the Case

Frank J. Barry, Tucson, for plaintiffs-appellants.

Stephens & Toles by Bill Stephens, Carol Benyi, Phoenix, for defendant-appellee.

Fennemore, Craig, von Ammon & Udall by Calvin H. Udall, James W. Johnson, Phoenix, for Duval Corp.

Dept. of Water Resources of Arizona by Kathy Ferris, Chief Counsel, Scott D. Larmore, Deputy Counsel, Phoenix, for Dept. of Water Resources of Ariz.

Chandler, Tullar, Udall & Redhair by Thomas Chandler, Robert E. Lundquist, Steven Weatherspoon, Tucson, for Anamax Min. Co.

Ely, Bettini & Ulman by Herbert L. Ely, Phoenix, for Arizona State AFL-CIO.

Ryley, Carlock & Ralston by Joseph P. Ralston, Michael J. Brophy, Phoenix, for Paradise Valley Water Co.

Lewis & Roca by John P. Frank, Tom Galbraith, Phoenix, and Musick, Peeler & Garrett by Gerald G. Kelly, Los Angeles, Cal., for Cyprus Pima Associates.

Lesher, Kimble & Rucker by Robert O. Lesher, Tucson, for Arizona Ass'n of Realtors.

Ellis & Baker by William D. Baker, Robert S. Lynch, Paul R. Orme, Phoenix, for Arizona Cotton Growers Ass'n.

Evans, Kitchel & Jenckes by Burton M. Apker, Phoenix, for ASARCO, Inc.

STRUCKMEYER, Chief Justice.

This appeal is from an order of the Superior Court of Yavapai County dismissing the Town of Chino Valley's complaint to enjoin the City of Prescott from withdrawing groundwater from the Granite Creek Critical Groundwater Area. Order of the Superior Court affirmed.

The Town of Chino Valley lies approximately fifteen miles north of the City of Prescott in Yavapai County, Arizona. Prescott owns 164 acres of land in the Chino Valley...

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