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U.S. v. GILA VALLEY IRR. DIST.

No. 93-15076.

31 F.3d 1428 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. GILA VALLEY IRRIGATION DISTRICT, et al.; State of Arizona, Defendants-Appellants, v. GILA RIVER INDIAN COMMUNITY; San Carlos Apache Tribe; San Carlos Irrigation District, Plaintiffs-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred March 25, 1994.

Resubmitted July 6, 1994.

Decided July 13, 1994.

Attorney(s) appearing for the Case

L. Anthony Fines, Raven, Kirschner & Norell, Tucson, AZ, for defendants-appellants.

Robert L. Klarquist, U.S. Dept. of Justice, Environment and Natural Resources Div., Washington DC, for plaintiff-appellee.

Alfred S. Cox, Cox and Cox, Phoenix, AZ, for plaintiffs-intervenors-appellees.

Joe P. Sparks, Kevin T. Tehan, Scottsdale, AZ, and John H. Ryley, Phoenix, AZ, for San Carlos Apache Tribe of Arizona, plaintiffs-intervenors-appellees.

Before: CHOY, REINHARDT, and LEAVY, Circuit Judges.

CHOY, Circuit Judge:

I. FACTUAL AND PROCEDURAL BACKGROUND

This is an appeal from the district court's interpretation of an elaborate Consent Decree entered in 1935. The dispute ultimately arises out of Global Equity 59, a suit filed by the United States in 1925, against all non-Indian users of the Gila River water.1 The United States sued in its trustee capacity on behalf of the Gila River Indian Community (GRIC) and the San...

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