IN RE ALL RIGHTS TO GILA RIVER SYSTEM

No. WC-07-0002-IR.

173 P.3d 440 (2007)

In re the GENERAL ADJUDICATION OF ALL RIGHTS TO USE WATER IN the GILA RIVER SYSTEM and Source.

Supreme Court of Arizona, En Banc.

November 30, 2007.


Attorney(s) appearing for the Case

Sacks Tierney, P.A., by Judith M. Dworkin Marvin S. Cohen, Scottsdale, Attorneys for City of Tucson.

Somach Simmons & Dunn, by Robert B. Hoffman, Paradise Valley, Attorneys for Farmers Investment Co. and Farmers Water Co. (FICO).

The Sparks Law Firm, P.C., by Joe P. Sparks Susan B. Montgomery Robyn L. Interpreter, Scottsdale, Attorneys for Pascua Yaqui Tribe and Intervenors San Carlos Apache Tribe, Yavapai-Apache Nation and Tonto Apache Tribe.

Jonathan L. Jantzen, Tohono O'Odham Nation, Acting Attorney General by Jonathan L. Jantzen, Acting Attorney General, Sells, Attorneys for Tohono O'Odham Nation.

Ronald J. Tenpas, Acting Assistant, United States Attorney General Michael B. Mukasey, United States Attorney General by John L. Smeltzer F. Patrick Barry, Washington, DC, Attorneys for the Department of Justice, United States of America.

Ryley Carlock & Applewhite, P.A., by L. William Staudenmaier, III, Phoenix, Attorneys for Arizona Public Service Company.

Salmon Lewis & Weldon, P.L.C., by John B. Weldon, Jr. Lisa M. McKnight, Phoenix, Attorneys for Salt River Valley Water Users' Association and Salt River Project Agricultural Improvement and Power District.

Jennifer K. Giff, Rodney B. Lewis, Sacaton, John T. Hestand, Timothy L. Pierson, Ruth E. Koester, Ann Marie Chischilly, Chandler, Akin Gump Strauss Hauer & Feld, L.L.P., by Donald R. Pongrace, Washington, DC, Attorneys for Gila River Indian Community.


OPINION

RYAN, Justice.

I

A

¶ 1 This case arises from the ongoing adjudication of rights to the use of Gila River water and the impact of recent federal legislation facilitating the resolution of tribal water claims subject to the adjudication.1

¶ 2 In 2004, Congress passed the Arizona Water Settlements Act ("AWSA"), Pub.L. No. 108-451, 118 Stat. 3478 (2004). Title III of the AWSA authorizes...

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