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COLLIER v. ARIZONA DEPT. OF WATER RESOURCES

No. 1 CA-CIV 7671.

150 Ariz. 195 (1986)

722 P.2d 363

Watts E. COLLIER and Lucille Collier, husband and wife, Plaintiffs-Appellants, v. ARIZONA DEPARTMENT OF WATER RESOURCES; Curtis Ritter and Jane Doe Ritter, husband and wife; Indian Rock Ranches, Inc., an Arizona corporation; L.K. Lindahl and Jane Doe Lindahl, husband and wife, dba Muleshoe Ranch; W.C. Satathite and Jane Doe Satathite, husband and wife, Defendants-Appellees.

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

Reconsideration Denied April 7, 1986.

Review Denied July 8, 1986.

Attorney(s) appearing for the Case

Walraven & Roberts by Richard Walraven, Paul L. Roberts, Prescott, for plaintiffs-appellants.

Toci, Murphy & Beck by Michael R. Murphy, Prescott, for defendants-appellees Indian Rock Ranches, Inc. and Satathites.

Wolfinger & Lutey, Ltd. by S.D. Lutey, Prescott, for defendants-appellees L.K. Lindahl, Jane Doe Lindahl, dba Muleshoe Ranch.

Kathleen Ferris, Chief Counsel, M. James Callahan, Deputy Counsel, Scot C. Stirling, Chief Litigator, Phoenix, for defendant-appellee Arizona Dept. of Water Resources.

OPINION

KLEINSCHMIDT, Judge.

This appeal is from a judgment of the Superior Court of Yavapai County affirming a decision of the Arizona Department of Water Resources denying a permit to appropriate public water. We affirm.

The appellants, Watts E. Collier and Lucille Collier, seek to appropriate water flowing from a spring located on their property. The spring, which they named Miracle Spring, first surfaced in 1979 in what was once the bed of Kirkland...

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