MARICOPA-STANFIELD IRRIGATION & DRAINAGE DISTRICT, an Arizona municipal corporation; Central Arizona Irrigation and Drainage District, an Arizona municipal corporation; and approximately two hundred landowners, Petitioners,
v.
The Honorable Kelly Marie ROBERTSON, Judge of the Superior Court of the State of Arizona, in and for the County of Pinal, Respondent, and
John E. Smith, et al., Respondents-Real Parties in Interest.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
November 30, 2005.
November 30, 2005.
Attorney(s) appearing for the Case
Miller, LaSota & Peters, P.L.C. by Donald M. Peters, Susan A. Cannata, Phoenix, Attorneys for Maricopa-Stanfield Irrigation & Drainage District.
Salmon, Lewis & Weldon, P.L.C., by Mark A. McGinnis, M. Byron Lewis, Richard N. Morrison, Phoenix, Attorneys for Central Arizona Irrigation & Drainage District.
Sacks Tierney, P.A. by Marvin S. Cohen, Scottsdale, Attorneys for Approximately Two Hundred Landowners.
Renaud, Cook, Drury, Mesaros, P.A. by J. Gordon Cook, Denise J. Henslee, Phoenix, Attorneys for John E. Smith, et al.
W. Patrick Schiffer, Chief Counsel, Ryan A. Smith, Deputy Counsel, Maxine M. Becker, Deputy Counsel, Phoenix, Attorneys for Amicus Curiae Arizona Department of Water Resources.
Engelman Berger, P.C. by William H. Anger, Phoenix, Attorneys for Amici Curiae Cities of Chandler, Glendale, Goodyear, Mesa, Peoria and Scottsdale.
Jane D. Alfano, Frederic L. Beeson, Phoenix, Attorneys for Amici Curiae Salt River Valley Water Users' Association and Salt River Project Agricultural Improvement and Power District.
Curtis, Goodwin, Sullivan, Udall & Schwab, P.L.C., by Larry K. Udall, Phoenix, Attorneys for Amici Curiae Hohokam Irrigation & Drainage District and San Carlos Irrigation & Drainage District.
Somach, Simmons & Dunn by Robert B. Hoffman, Sacramento, CA, Attorneys for Amicus Curiae Central Arizona Water Conservation District.
Rodney B. Lewis, General Counsel, Chandler, Attorney for Amicus Curiae Gila River Indian Community.
Michael G. Rankin, City Attorney, Christopher E. Avery, Principal Assistant City Attorney, Tucson, Attorneys for Amicus Curiae City of Tucson.
David P. Frank, Attorney General, Tohono O'Odham Nation, Sells, and Quigley & Whitehill, P.L.C. by Daniel J. Quigley, Tucson, Attorneys for Amicus Curiae Tohono O'Odham Nation.
Supreme Court of Arizona, En Banc.
OPINION
BALES, Justice.
I.
¶ 1 The issue presented is whether agricultural landowners have vested rights to certain irrigation water from the Central Arizona Project ("CAP"). The water is the subject of a master contract between the United States and the Central Arizona Water Conservation District ("CAWCD") and related subcontracts between these entities and the two petitioner irrigation districts. The landowners are not parties to these agreements...
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