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LAND DEPT. v. O'TOOLE

1 CA-SA 059.

154 Ariz. 43 (1987)

739 P.2d 1360

LAND DEPARTMENT, and Robert K. Lane, Land Commissioner, State of Arizona, Petitioners, v. The Honorable Thomas W. O'TOOLE, Judge of the Superior Court, Maricopa County, Respondent Judge, MARICOPA COUNTY; Flood Control District of Maricopa County; City of Tempe; Tanner Companies; Tanner Land Company, Inc.; Calmat Company of Arizona; Thomas M. Valente and Frances K. Valente, Real Parties in Interest.

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

July 14, 1987.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Anthony B. Ching, Sol. Gen., Phoenix, for petitioners State of Ariz., Land Dept. and State Land Com'r.

Thomas P. Collins, Maricopa Co. Atty. by G. Eugene Neil, Deputy Co. Atty., Phoenix, for real party in interest Maricopa County.

Helm & Kyle, Ltd. by John D. Helm, Tempe, Special Counsel to Maricopa County.

David R. Merkel, Tempe City Atty. by C. Brad Woodford, Asst. City Atty., Tempe, for real party in interest City of Tempe.

Larry J. Richmond, P.C. by Larry J. Richmond, Julie M. Lemmon, Phoenix, for real party in interest Maricopa Flood Control Dist.

Snell & Wilmer by Robert B. Hoffman, Bruce P. White, Phoenix, for real parties in interest Tanner Companies, Tanner Land Co., Calmet Co. & Valentes.

OPINION

CORCORAN, Judge.

1. Background

This matter arises from a December 1985 Arizona Republic article in which Robert K. Lane, Land Commissioner, and Governor Bruce Babbitt were quoted as saying that Arizona may own, and may assert its right to, riverbeds which were navigable on February 14, 1912, when Arizona became a state. The federal Equal Footing Doctrine grants each state property rights to the riverbeds of all its waterways which were...

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