IN RE GENERAL ADJUDICATION OF ALL RIGHTS

Nos. WC-07-0001-IR, WC-07-0003-IR.

224 P.3d 178 (2010)

In re The GENERAL ADJUDICATION OF ALL RIGHTS TO USE WATER IN THE GILA RIVER SYSTEM AND SOURCE.

Supreme Court of Arizona, En Banc.

February 19, 2010.


Attorney(s) appearing for the Case

Law Office of Douglas C. Nelson, P.C. by Douglas C. Nelson, Phoenix, Attorney for Lower Gila Water Users, Town of Gila Bend, Arlington Canal Company, Enterprise Ranch, Paloma Irrigation & Drainage District and Various Individuals.

The Sparks Law Firm, P.C. by Joe P. Sparks, Laurel A. Herrmann, Scottsdale, Attorneys for the San Carlos Apache Tribe and Tonto Apache Tribe.

Montgomery & Interpreter, P.L.C. by Susan B. Montgomery, Robyn L. Interpreter, Phoenix, Attorneys for Yavapai-Apache Nation.

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

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

Salmon, Lewis & Weldon, P.L.C. by Riney B. Salmon, II, Phoenix, Attorneys for the San Carlos Irrigation & Drainage District.

Salmon, Lewis & Weldon, P.L.C. by Mark A. McGinnis, Phoenix, Attorneys for Maricopa-Stanfield Irrigation & Drainage District, Central Arizona Water Conservation District, and Central Arizona Irrigation and Drainage District.

Engelman Berger, P.C. by William H. Anger, Phoenix, Craig D. Tindall, Glendale City Attorney by Kent Russell Romney, Assistant City Attorney, Glendale, Attorneys for City of Chandler, City of Glendale, City of Scottsdale, and City of Mesa.

Brown & Brown Law Offices, P.C. by David A. Brown, Saint Johns, Attorneys for Franklin Irrigation District.

Law Office of L. Anthony Fines, P.C. by L. Anthony Fines, Tucson, Attorney for Gila Valley Irrigation District.

Ryley Carlock & Applewhite PA by Cynthia M. Chandley, John C. Lemaster, L. William Staudenmaier, III, Rhett A. Billingsley, Sean T. Hood, Phoenix, Attorneys for Freeport-McMoRan Corporation and Roosevelt Water Conservation District.

United States Department of Justice by John L. Smeltzer, F. Patrick Barry, Washington, DC, Attorneys for United States of America.

Navajo Nation Department of Justice by Stanley M. Pollack, Window Rock, McElroy Meyer Walker & Condon PC by Scott McElroy, Alice E. Walker, Boulder, CO, Attorneys for the Navajo Nation.

Maguire & Pearce, P.L.L.C. by Michael J. Pearce, Phoenix, Attorneys for ASARCO LLC.

Moyes Sellers & Sims Ltd. by Steven L. Wene, Phoenix, Attorneys for City of Safford.

Curtis, Goodwin, Sullivan, Udall & Schwab, P.L.C. by William P. Sullivan, Phoenix, Attorneys for Town of Gilbert.

Broening, Oberg, Woods & Wilson, P.C. by Marilyn D. Cage, Phoenix, Attorneys for City of Goodyear.

Stephen M. Kemp, Peoria City Attorney by Stephen J. Burg, Peoria, Attorneys for City of Peoria.

Gary Verburg, Phoenix City Attorney by M. James Callahan, Assistant City Attorney, Phoenix, Attorneys for City of Phoenix.

Andrew B. Ching, Tempe City Attorney by Charlotte Benson, Tempe, Attorneys for City of Tempe.


OPINION

PELANDER, Justice.

¶ 1 As part of the ongoing adjudication of rights to use water in the Gila River System and Source,1 the superior court approved the settlement agreement of the Gila River Indian Community ("GRIC").2 We accepted interlocutory review and now affirm the judgment and decree of the adjudication court.

Background

¶ 2 In 2004, Congress enacted the Arizona...

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