ARIZONA PUBLIC SERVICE CO. v. LONG

No. CV-86-0634-T.

160 Ariz. 429 (1989)

773 P.2d 988

ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation; Salt River Project Agricultural Improvement & Power District, a political subdivision and an agricultural improvement district of the State of Arizona; Salt River Valley Water Users' Association, an Arizona corporation; City of Phoenix, an Arizona municipal corporation; City of Glendale, an Arizona municipal corporation; City of Scottsdale, an Arizona municipal corporation; City of Tempe, an Arizona municipal corporation; City of Mesa, an Arizona municipal corporation; Town of Youngtown, an Arizona municipal corporation; City of Tolleson, an Arizona municipal corporation; Southern California Edison Company, a California corporation; Public Service Company of New Mexico, a New Mexico corporation; El Paso Electric Company, a Texas corporation; Southern California Public Power Authority, a California Public joint powers agency; M-S-R Power Agency, a California joint powers agency; and the Department of Water and Power of the City of Los Angeles, a California municipal corporation, Defendants/Plaintiffs/Other Indispensable Parties-Appellees, v. John F. LONG; John F. Long Homes, Inc., an Arizona corporation; and John F. Long Properties, Inc., an Arizona corporation, Defendants-Appellants. ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation, Defendants-Plaintiffs Cross Appellants, and Southern California Edison Company; Public Service Company of New Mexico; El Paso Electric Company; Department of Water and Power of the City of Los Angeles; and Southern California Public Power Authority, Defendants, Cross Appellants, v. John F. LONG; John F. Long Homes, Inc., an Arizona corporation; and John F. Long Properties, Inc., an Arizona corporation, Defendants-Appellants, Cross Appellees. A TUMBLING T RANCHES, an Arizona partnership; William T. Gladden and Nicole L. Gladden, husband and wife; David L. Gladden and Sharon M. Gladden, husband and wife, Plaintiffs-Appellants, v. CITY OF PHOENIX, an Arizona municipal corporation; City of Glendale, an Arizona municipal corporation; City of Scottsdale, an Arizona municipal corporation; City of Tempe, an Arizona municipal corporation; City of Mesa, an Arizona municipal corporation; Town of Youngtown, an Arizona municipal corporation; City of Tolleson, an Arizona municipal corporation; Arizona Public Service Company, an Arizona corporation; Salt River Project Agricultural Improvement and Power District, an Arizona municipal corporation; Southern California Edison Company, a California corporation; Public Service Company of New Mexico, a New Mexico corporation; El Paso Electric Company, a Texas corporation; Department of Water and Power of the City of Los Angeles, a California municipal corporation; Southern California Public Power Authority, a California joint powers agency; M-S-R Public Power Agency, a California joint powers agency, Defendants-Appellees. ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation; Southern California Edison Company, a California corporation; Public Service Company of New Mexico, a New Mexico corporation; El Paso Electric Company, a Texas corporation; Department of Water and Power of the City of Los Angeles, a California municipal corporation; Southern California Public Power Authority, a California joint powers agency, Defendants, Cross-Appellants, v. A TUMBLING T RANCHES, an Arizona partnership; William T. Gladden and Nicole L. Gladden, husband and wife; David L. Gladden and Sharon M. Gladden, husband and wife, Plaintiffs, Cross-Appellees.

Supreme Court of Arizona, En Banc.

Reconsideration Denied June 9, 1989.


Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by John B. Weldon, Jr., Stephen E. Crofton and M. Byron Lewis, Phoenix, Kevin J. Worthen, Brigham Young Law School, Provo, Utah, for defendants/plaintiffs/Other Indispensable parties/appellees Salt River Project Agricultural Improvement & Power Dist., Salt River Valley Water Users' Ass'n.

Bill Stephens & Associates by Bill Stephens, William H. Anger and Karen L. Tarr, Phoenix, for defendants/plaintiffs/appellees Cities of Phoenix, Glendale, Scottsdale, Tempe, Mesa, Youngtown and Tolleson.

Streich, Lang, Weeks & Cardon, P.A. by William S. Hawgood, II, Marcia Horn Yavitiz, Paula G. Kirby and Dale E. Pontius, Phoenix, for defendants/appellants/cross-appellees John F. Long, John F. Long Homes and John F. Long Properties.

Lewis and Roca by Tom Galbraith, Jessica H. Youle and Janet Napolitano, Robbins & Green, P.A. by Robert H. Green and Brian Imbornoni, Douglas C. Nelson, P.C. by Douglas C. Nelson, Phoenix, for plaintiffs/appellants/cross-appellees A Tumbling T Ranches, William T. Gladden, David L. Gladden, Nicole L. Gladden and Sharon M. Gladden.

Snell & Wilmer by Warren E. Platt, Robert B. Hoffman and Martha E. Gibbs, Phoenix, for defendants/appellees/cross-appellants Arizona Public Service, Dep't of Water & Power of Los Angeles; El Paso Elec. Co., Public Service Co. of New Mexico, Southern California Edison Co., Southern California Public Power Authority.

Frederick S. Dean, Tucson City Atty. by Loretta Humphrey, Tucson, for amicus curiae.

Fennemore, Craig by James W. Johnson, Bryan, Cave, McPheeters & McRoberts by Kathleen Ferris, Arizona Dept. of Water Resources by Elizabeth A. Rieke, Chief Counsel and Scot C. Stirling, Chief Litigator, Phoenix, for amicus curiae Arizona Dept. of Water Resources.


HOWARD, Court of Appeals Judge.

I. THE ISSUES

This case involves the sale by appellee Cities to the appellee Utilities of sewage effluent. Two questions are posed: (1) Can the Cities contract to sell sewage effluent for use on lands other than those involved in the original appropriation? And (2) once the Cities dump sewage effluent into a stream and such effluent is appropriated by downstream users, must the Cities continue such dumping ad infinitum? We answer...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases