In re The GENERAL ADJUDICATION OF ALL RIGHTS TO USE WATER IN the GILA RIVER SYSTEM AND SOURCE.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
February 9, 2006.
February 9, 2006.
Attorney(s) appearing for the Case
Sparks, Tehan & Ryley, P.C. by Joe P. Sparks, John H. Ryley, Susan B. Montgomery, Robyn L. Kline, Scottsdale, Attorneys for San Carlos Apache Tribe.
Ryley Carlock & Applewhite, P.A. by John C. Lemaster, Michael J. Brophy, Cynthia M. Chandley, Sean T. Hood, William A. Richards, Phoenix, Attorneys for Phelps Dodge Corporation.
United States Department of Justice by Kelly A. Johnson, Patrick Barry, John L. Smeltzer, Washington, D.C., Attorneys for the United States.
Fennemore Craig, P.C. by Lauren J. Caster, Michael J. Pearce, Thomas R. Wilmoth, Phoenix, Attorneys for ASARCO L.L.C.
Salmon, Lewis & Weldon, P.L.C. by M. Byron Lewis, John B. Weldon, Jr., Mark A. McGinnis, Jason P. Alberts, Phoenix, Attorneys for Salt River Valley Water Users' Association and Salt River Project Agricultural Improvement and Power District.
Moyes Storey, Ltd. by Lee A. Storey, Steve Wene, Bradley K. Keogh, Phoenix, Attorneys for City of Safford.
Salmon, Lewis & Weldon, P.L.C. by Riney B. Salmon, II, Ronnie P. Hawks, Phoenix, Attorneys for San Carlos Irrigation and Drainage District.
Brown & Brown Law Offices, by David A. Brown, Pinetop, Attorneys for Franklin Irrigation District.
Law Office of L. Anthony Fines by L. Anthony Fines, Tucson, Attorneys for Gila Valley Irrigation District.
Rodney B. Lewis, John T. Hestand, Timothy L. Pierson, Ruth E. Koester, Chandler, Attorneys for Gila River Indian Community.
Supreme Court of Arizona, En Banc.
OPINION
HURWITZ, Justice.
¶ 1 This is an interlocutory appeal by the San Carlos Apache Tribe ("Apache Tribe" or "Tribe") from an order issued in the Gila River general stream adjudication. See Ariz. Rev.Stat. ("A.R.S.") §§ 45-251 to -264 (2003) (authorizing general stream adjudications). The central issue is whether claims advanced by the Tribe (and the United States on the Tribe's behalf) are precluded by a consent decree entered in...
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