BEALS v. STATE

Nos. 2 CA-CIV 5610, 2 CA-CIV 5630 and 2 CA-CIV 5629.

150 Ariz. 27 (1986)

721 P.2d 1154

Colin N. BEALS and Jean Beals, husband and wife; Cheryl B. Larkey, Plaintiffs/Appellants, v. STATE of Arizona, Arizona Game & Fish Department, Defendant/Appellee. T.C. PEARSON and Betty Pearson, husband and wife; Jose Abrigo and Estella Abrigo, husband and wife; Luella Albrecht, individually; William Amator, individually; Albert Andrews and Regina Andrews, husband and wife; Donald Armstrong and Sherran Armstrong, husband and wife; Arrow Auto Parts; Edward Balke and Donna Balke, husband and wife; James Raymond Barber dba West End Trucking and Repair; Albert Bevans, individually; G.F. Bittick, individually; Lois Ann Bohannon, individually; Jean Boutin and Linda Boutin, husband and wife; Edmon R. Breshears, individually; Carrol Brogdon and Lorna Brogdon, husband and wife; Lawrence Brogdon, individually; John Charles Brown, individually; Pauline Brown, individually; Clark Bulliner and Sharon Bulliner, husband and wife; Borden Burleson, individually; Elgie Burleson, Jr., individually; Elgie Burleson, Sr., individually; Frank Bush and Mary Gayle Bush, husband and wife; Ray Cagle dba Cagle Bros., Frank Calhoun, individually; James C. Casey, individually; Juan Chavez and Marian Chavez, husband and wife; Jerold W. Clark, individually; Jack Clemit, individually; Ardene Cormier, individually; William Costianes, individually; Kenneth H. Crow, individually; Jack L. Daly, individually; Evelyn J. Davis, individually; Rosella Davis, individually; Carl W. Deal, individually; Arnold Decker and Jetta Decker, husband and wife; John L. Detrick, individually; Robert Dickey and Rae Dickey, husband and wife; Jip L. Dycus, individually; Allie Edgemon, individually Harold Edgemon and Sandra Edgemon, husband and wife; Carter Robert Ersery, individually; Bert A. Farmer, individually; Milton K. Farmer, individually; Margaret Finnegan, individually; Alan Friend and Florence Friend, husband and wife; Carlos N. Garcia, individually; Elaine L. Glenn, individually; Leonard Graham, individually; Deborah Granillo, individually; Don Greenough, individually; William Haggard and Sons; Haggard and Jonovich; R.E. Hayes and Molly B. Hayes, husband and wife; Ronald Hayes and Partricia Hayes, husband and wife; Louis Henry and Rev. Avel G. Henry, husband and wife; Vernon Hite and Leona Hite, husband and wife; Neil Hoffman dba Hoffman Dairy; Jerald L. Horton, individually; Michael Hoyt and Nancy Hoyt, husband and wife; Charles Jeffries and Betty Jeffries, husband and wife; R.C. Jones and Joy Jones, husband and wife; Raymond E. Keim, Sr. and Jane Doe Keim, husband and wife; Pearl Ketring, individually; Conrad R. Kumler and Patricia Kumler, husband and wife; Richard Lewis and Lillian Lewis, husband and wife; Charles Lichte, Jr. and Mary Ann Lichte, husband and wife; Ethel E. Livesey, individually; Harry McGiness and Mildred McGiness, husband and wife; William L. May, individually; Manuel Morales and Betty Jean Morales, husband and wife; Larry Morgan and Pat Morgan, husband and wife; Ray Morgan and Ruth Morgan, husband and wife; Hyrum (Gene) Nelson and Linda Nelson dba Lindene Enterprises; Lawrence Oliver and Ernestine Oliver, husband and wife; Dorothy O'Neal, individually; James M. O'Reilly and Leolyn M. O'Reilly, husband and wife; Leo Owens and Ruth Owens, husband and wife; Sharon Owens, individually; Dick Panther and Rosemary Panther, husband and wife; John Parker and Mary Ann Parker, husband and wife; Merlin Pearson, individually; George Peck and Addie Lee Peck, husband and wife; Bob Pendley, individually; Huey Pendley, individually; Daril Peterson and Peggy Peterson, husband and wife; Michael Popelier and Bernadette Popelier, husband and wife; Victor Popelier and Vera Popelier, husband and wife; George Power and Mariane Power, husband and wife; Louis Prindle, individually; Raymond Rainey and Mary Lou Rainey, husband and wife; Zeck Raney, individually; Edward S. Ranshaw, individually; Adron Reichert, individually; George E. Riley, individually; Sherry Riley, individually; Daniel Robinson, individually; James Rogers, individually; John Rohr and Roberta Rohr, husband and wife; James K. Scott and Geraldine Scott, husband and wife; Alfred Shackleford, individually; Garlon E. Shahan, individually; Gene Shelton and Kaylee Shelton, husband and wife; Manuel L. Silvas, individually; George Sokolis and Joyce Sokolis, husband and wife; Morris Splaver dba AMA Auto Salvage; Timothy L. Stanton, individually; Clarence Stegall, individually; Joe C. Stewart, et al.; Mary Lee Stewart, individually; John R. Stokes, individually; Doris Stokes, individually; Gregory Sullivan, individually; Ralph Surber and Beverly Surber, husband and wife; Gerald Swindle and Patricia Swindle, husband and wife; John Treviso, individually; James G. Trout and Christine Trout, husband and wife; Harry Underwood and Ruth Underwood dba Gladtime Farm; Bill Underwood and Tresia Underwood dba Gladtime Farm; Ray Vanosdell & Sons, Inc.; Betty Veazey aka Oliver; Mile Vela and Jane Vela, husband and wife; Joe C. Villalpando, individually; Warren Waddle, individually; Cleo West and Veneta West, husband and wife; Norval White and Louise White, husband and wife; Jerry and Rosella Willingham, husband and wife; Ila Marie Wright, individually; Charles Yarbrough and Debbie Yarbrough, husband and wife; John Childers and Katherine Childers, husband and wife, Plaintiffs/Appellants, v. STATE of Arizona, Arizona Game and Fish Department, Defendant/Appellee. ARLINGTON CANAL COMPANY, an Arizona corporation; Arlington Elementary School District # 47; Gary P. Gable and Carolyn Gable, husband and wife; H.C. Gable and Ethel M. Gable, husband and wife; Warren C. Gable and Alice M. Gable, husband and wife; Eugene Jagow and Betty Jagow, husband and wife; H.A. Kreager and Henrietta Kreager, husband and wife; William L. LaFollette and Susane H. LaFollette, husband and wife; Robert A. Richardson and Alma E. Richardson, husband and wife; Robert A. Richardson, Jr. and Susan Richardson, husband and wife; Sam K. Richardson and Marion Richardson, husband and wife; Willie J. Stogner and Carolyn Stogner, husband and wife; Charles Wayne Vanosdell and Luella R. Vanosdell, husband and wife; Leigh M. Watkins and Nan Watkins, husband and wife; Ralph A. Watkins and Patricia Watkins, husband and wife, Plaintiffs/Appellants, v. STATE of Arizona, Arizona Game and Fish Department, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

February 13, 1986.


Attorney(s) appearing for the Case

Haralson, Kinerk & Morey, P.C. by Burton J. Kinerk and Denneen L. Peterson, Tucson, Law Offices of Melvin M. Belli by Melvin M. Belli and Richard E. Brown, San Francisco, Cal., Reed W. King, Phoenix, for plaintiffs/appellants.

Winston & Strawn by Michael F. Rollins, Robert P. Simbro & M. Robert Dauber, Phoenix, for defendant/appellee.


OPINION

HOWARD, Presiding Judge.

This is an appeal from the granting of a summary judgment. The issue here is whether the defendant can be held liable for damages caused by Gila River waters diverted from the river by salt cedar and other natural growth. We hold that it cannot and affirm.

We consider the facts in the light most favorable to the plaintiffs. Gibraltar Escrow Company v. Thomas J. Grosso, Investment, Inc., 4...

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