SAN CARLOS APACHE TRIBE v. BOLTON

No. CV-98-0143-SA.

977 P.2d 790 (1999)

194 Ariz. 68

The SAN CARLOS APACHE TRIBE, the Tonto Apache Tribe, and the Yavapai-Apache Nation, all Federally recognized Indian Tribes, Petitioners, v. Hon. Susan R. BOLTON, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF MARICOPA; Michael J. Pearce, Legal Counsel for the Arizona Department of Water Resources, and Rita Pearson, Director, Arizona Department of Water Resources, Respondents, and Janet Napolitano, Arizona Attorney General; Arizona State Land Department; Salt River Valley Water Users Association; Phelps Dodge Corporation; Roosevelt Water Conservation District; and all other claimants to water rights in the Gila River System and Source, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

April 27, 1999.


Attorney(s) appearing for the Case

Sparks, Tehan & Ryley, P.C. By: Joe P. Sparks, Kevin T. Tehan, John H. Ryley, Scottsdale, Attorneys for Petitioners San Carlos Apache Tribe, Tonto Apache Tribe, and Yavapai-Apache Nation.

Gary L. Stuart, Phoenix, Attorney for Respondent Judge Hon. Susan R. Bolton.

Miller, LaSota & Peters, P.L.C. By: Donald M. Peters, Susan A. Cannata, Phoenix, Attorneys for Respondents Michael J. Pearce and Rita Pearson.

Janet Napolitano, Arizona Attorney General By: Joseph E. Clifford, Charlotte Benson, Phoenix, Attorneys for Real Parties in Interest Janet Napolitano and Arizona State Land Department.

Salmon Lewis & Weldon, P.L.C. By: M. Byron Lewis, John B. Weldon, Jr., Stephen E. Crofton, Lisa M. McKnight, Phoenix, Attorneys for Real Parties in Interest Salt River Valley Water Users Association, Salt River Project Agricultural Improvement and Power District, and City of Tempe.

Phelps Dodge Corporation By: Cynthia M. Chandley, Phoenix, and Gust Rosenfeld, P.L.C. By: Jerry L. Haggard, Phoenix, Attorneys for Real Party in Interest Phelps Dodge Corporation.

Ryley, Carlock & Applewhite, P.A. By: George Read Carlock, Michael J. Brophy, Barry R. Sanders, Phoenix, Attorneys for Real Parties in Interest Roosevelt Water Conservation District and Arizona Public Service Company.

Brown & Brown By: David Albert Brown, Michael John Brown, Pinetop, Attorneys for Joinder Real Parties in Interest Gila Valley Irrigation District and Franklin Irrigation District.

Ulrich Kessler & Anger, P.C. By: Paul G. Ulrich, Phoenix, Attorneys for Joinder Real Parties in Interest Cities of Chandler, Glendale, Mesa, and Scottsdale.

Hopi Indian Tribe By: A. Scott Canty, Kykotsmovi, and Sonosky Chambers Sachse & Enderson By: Reid P. Chambers, Washington, D.C., Attorneys for Joinder Real Party in Interest Hopi Indian Tribe.

Barrow & Barrow By: Irene F. Barrow, Flagstaff, and Whiteing & Thompson By: Jeanne S. Whiteing, Boulder, CO, Attorneys for Joinder Real Party in Interest San Juan Southern Paiute Tribe.

Navajo Nation Department of Justice By: Stanley M. Pollack, Window Rock, and Greene Meyer & McElroy, P.C. By: Scott McElroy, Alice E. Walker, Boulder, CO, Attorneys for Joinder Real Party in Interest The Navajo Nation.

Hufford Horstman McCullough & Mongini, P.C. By: C. Benson Hufford, Flagstaff, and Williams & Janov, P.C. By: Susan M. Williams, Albuquerque, NM, Attorneys for Joinder Real Party in Interest Pueblo of Zuni Tribe.

United States Department of Justice By: Robert L. Klarquist, F. Patrick Barry, Washington, D.C., Attorneys for Joinder Real Party in Interest United States.

Gila River Indian Community By: Rodney B. Lewis, Steven J. Heeley, Chandler and John T. Helstand, Gilbert, Attorneys for Joinder Real Parties in Interest Gila River Indian Community and Silas Kisto.


OPINION

DRUKE, Judge.

¶ 1 Petitioners, the San Carlos Apache Tribe, the Tonto Apache Tribe, and the Yavapai-Apache Nation, filed an original petition for special action with this court pursuant to the Arizona Rules of Procedure for Special Actions, 17B A.R.S. See also Ariz. Const. art. VI, § 5(1). Petitioners are claimants in a consolidated action known generally as the Gila River General Stream Adjudication, which will adjudicate the water...

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