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U.S. v. GILA VALLEY IRRIGATION DIST.

Nos. 96-16003, 96-16121, 96-16123, 96-16705 and 96-16140.

117 F.3d 425 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. GILA VALLEY IRRIGATION DISTRICT; Franklin Irrigation District; The Canal Companies within those Districts; and the class represented by the Gila Valley Irrigation District, Collectively the "Upper Valley Defendants"; San Carlos Irrigation & Drainage District; Asarco Inc., Defendants-Appellees, v. GILA RIVER INDIAN COMMUNITY, Plaintiff-intervenor-Appellant, and San Carlos Apache Tribe, Plaintiff-intervenor. UNITED STATES of America, Plaintiff-Appellee, v. GILA VALLEY IRRIGATION DISTRICT, Defendant-Appellant, and San Carlos Irrigation & Drainage District, Defendant, v. GILA RIVER INDIAN COMMUNITY; San Carlos Apache Tribe, Plaintiffs-intervenors-Appellees. UNITED STATES of America, Plaintiff-Appellee, v. GILA VALLEY IRRIGATION DISTRICT; San Carlos Irrigation & Drainage District, Defendants, v. GILA RIVER INDIAN COMMUNITY, Plaintiff-intervenor-Appellee, and San Carlos Apache Tribe, Plaintiff-Intervenor-Appellant. UNITED STATES of America, Plaintiff, v. GILA VALLEY IRRIGATION DISTRICT, Defendant, and San Carlos Irrigation & Drainage District, Defendant-Appellant, v. GILA RIVER INDIAN COMMUNITY, Plaintiff-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1997.

Attorney(s) appearing for the Case

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

Robert L. Klarquist, United States Department of Justice, Environment and Natural Resources Division, Washington DC, for plaintiff-appellee.

Alfred S. Cox, Cox and Cox, Scottsdale, Arizona, for plaintiff-intervenor-appellant-appellee Gila River Indian Community.

Joe P. Sparks, John H. Ryley, Sparks, Tehan & Ryley, Scottsdale, AZ, for plaintiff-intervenor-appellee-appellant San Carlos Apache Tribe of Arizona.

Riney B. Salmon II, Salmon, Lewis & Weldon, Phoenix, AZ, for defendant-appellee San Carlos Irrigation & Drainage District.

Before: D. W. NELSON, BOOCHEVER and TROTT, Circuit Judges.

This is the latest iteration of a lawsuit originally brought by the United States in 1925 "seeking a determination of the rights and priorities of Indians and non-Indians to the waters of the Gila River." United States v. Gila Valley Irrigation Dist., 961 F.2d 1432, 1433 (9th Cir.1992). The United States, acting on its own behalf and as trustee and guardian for the Pima and Apache Indians, negotiated a consent decree with private landowners...

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