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ARIZONA WATER CO. v. ADWR

No. CV-03-00321-PR.

91 P.3d 990 (2004)

208 Ariz. 147

ARIZONA WATER COMPANY, an Arizona corporation, Plaintiff-Appellee Cross-Appellant, v. ARIZONA DEPARTMENT OF WATER RESOURCES, H.R. Guenther, in his capacity as Director of the Arizona Department of Water Resources, Defendants-Appellants Cross-Appellees, Arizona Corporation Commission, Intervenor-Appellee.

Supreme Court of Arizona, En Banc.

June 14, 2004.

Attorney(s) appearing for the Case

Arizona Department of Water Resources by W. Patrick Schiffer, Kenneth C. Slowinski, Nicole D. Swindle, Phoenix, Attorneys for Defendants-Appellants/Cross-Appellees Arizona Department of Water Resources.

Fennemore Craig by Timothy Berg, Norman D. James, Thomas R. Wilmoth, Phoenix, Attorneys for Plaintiff-Appellee/Cross-Appellant Arizona Water Company.

Salmon Lewis & Weldon PLC by M. Byron Lewis, Lisa M. McKnight, Phoenix, Attorneys for Amici Curiae Salt River Valley Water Users' Association and Salt River Project Agricultural Improvement and Power District.

OPINION

HURWITZ, Justice.

¶ 1 The issue in this case is whether the 1990-2000 management plan adopted by the Arizona Department of Water Resources ("ADWR" or the "Department") for the Phoenix active management area violated the Arizona Groundwater Code (the "Code"). We conclude that ADWR was statutorily authorized to promulgate those portions of the management plan in which per capita conservation requirements were directly imposed on water providers...

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