STATE of Arizona, acting by and through Mark WINKLEMAN, State Land Commissioner, and the Arizona State Land Department; and Defenders of Wildlife, Donald Steuter, Jerry Van Gasse, Jim Vaaler, Plaintiffs/Appellants,
v.
ARIZONA NAVIGABLE STREAM ADJUDICATION COMMISSION; Salt River Project Agricultural Improvement and Power District; Salt River Valley Water Users' Association; Arizona State University; City of Tempe; City of Phoenix; City of Mesa; Freeport-McMoran Corporation; Maricopa County; Cemex Cement, Inc.; Gila River Indian Community; Home Builders Association of Central Arizona; Maricopa County Flood Control District, Defendants/Appellees.
Court of Appeals of Arizona, Division 1, Department C.https://leagle.com/images/logo.png
April 27, 2010.
April 27, 2010.
Attorney(s) appearing for the Case
Terry Goddard, Attorney General By Joy L. Hernbrode, Assistant Attorney General, Laurie A. Hachtel, Assistant Attorney General, Phoenix, Attorneys for Plaintiff/Appellant State of Arizona.
Arizona Center for Law in the Public Interest By Joy E. Herr-Cardillo, Timothy M. Hogan, Tucson, Attorneys for Plaintiffs/Appellants Defenders of Wildlife, Donald Steuter, Jerry Van Gasse, and Jim Vaaler.
Jennings, Haug & Cunningham, L.L.P. By Curtis A. Jennings, Phoenix, Attorneys for Defendant/Appellee Arizona Navigable Stream Adjudication Commission.
Salmon, Lewis & Weldon, P.L.C. By John B. Weldon, Jr., Mark A. McGinnis, Rebecca C. Goldberg, Phoenix, Attorneys for Defendants/Appellees Salt River Project Agricultural Improvement and Power District and Salt River Valley Water Users' Association.
Moyes Sellers & Sims, Ltd. By Steve L. Wene, Phoenix, Attorneys for Defendant/Appellee Arizona Board of Regents acting on behalf of Arizona State University.
Tempe City Attorney's Office By Charlotte Benson, Tempe, Attorneys for Defendant/Appellee City of Tempe.
Engelman Berger, P.C. By William H. Anger, Phoenix, Attorneys for Defendant/Appellee City of Mesa.
Ryley, Carlock & Applewhite, P.A. By Cynthia M. Chandley, L. William Staudenmaier, III, Michael T. Kafka, Phoenix, Attorneys for Defendant/Appellee Freport-McMoRan Corporation.
Lewis and Roca, L.L.P. By Carla Consoli, Phoenix, Attorneys for Defendant/Appellee Cemex Cement, Inc.
Jennifer K. Giff, General Counsel, Gila River Indian Community By John T. Hestand, Timothy L. Pierson, Ruth E. Koester, Ann Marie Chischilly, Sacaton, Attorneys for Defendant/Appellee Gila River Indian Community.
Mariscal, Weeks, McIntyre & Friedlander, P.A. By Gary L. Birnbaum, James T. Braselton, Barry R. Sanders, Phoenix, Attorneys for Amicus Curiae Land Title Association of Arizona.
Court of Appeals of Arizona, Division 1, Department C.
OPINION
WINTHROP, Presiding Judge.
¶ 1 This appeal involves the long-standing battle to determine who owns the beds of rivers ("bedlands") within the State of Arizona. At specific issue are the bedlands of the Lower Salt River (a/k/a "the River"), which runs from Granite Reef Dam above Phoenix through the highly populated Salt River Valley to the confluence with the Gila River. The crucial question to be resolved is whether the River was navigable in...
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