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ARIZONA WATER CO. v. CITY OF BISBEE

No. 2 CA-CV 91-0027.

172 Ariz. 176 (1991)

836 P.2d 389

ARIZONA WATER COMPANY, an Arizona corporation, Plaintiff/Appellant, v. CITY OF BISBEE, Defendant/Appellee.

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

Review Denied September 22, 1992.

Attorney(s) appearing for the Case

Fennemore Craig by Timothy Berg and Janice Procter-Murphy, Phoenix, for plaintiff/appellant.

Mesch, Clark & Rothschild, P.C. by Tom R. Clark, Scott H. Gan and Craig Cameron, Tucson, for defendant/appellee.

Shelley, Bethea & Tolman by J. LaMar Shelley, Mesa, for amicus curiae League of Arizona Cities and Towns.

OPINION

FERNANDEZ, Judge.

This case involves the right of appellee City of Bisbee to deliver sewage effluent from its sewage treatment plant to the Phelps Dodge Corporation (PD) for use in PD's copper leaching operation. Appellant Arizona Water Company, which holds a certificate of convenience and necessity to provide water service in the same area, contends that the city has no right to deliver the effluent. The trial court ruled in favor of the city, and...

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