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IN RE GEN. ADJU. OF ALL RIGHTS TO USE WATER

No. WC-11-0001-IR.

289 P.3d 936 (2012)

In re GENERAL ADJUDICATION OF ALL RIGHTS TO USE WATER IN THE GILA RIVER SYSTEM AND SOURCE. In re General Adjudication of all Rights to use Water in the Little Colorado River System and Source.

Supreme Court of Arizona, En Banc.

September 12, 2012.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General By Thomas C. Horne , Attorney General, Theresa M. Craig , Assistant Attorney General, Phoenix, Attorneys for the State of Arizona.

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

Salmon Lewis & Weldon PLC By M. Byron Lewis , John B. Weldon, Jr. , Mark A. McGinnis , Phoenix, Attorneys for Salt River Project Agricultural Improvement and Power District and Salt River Valley Water Users' Association.

Salmon Lewis & Weldon PLC By Paul R. Orme , Phoenix, Attorney for Central Arizona Irrigation and Drainage District and Maricopa-Stanfield Irrigation & Drainage District.

Snell & Wilmer LLP By L. William Staudenmaier, III , Andrew M. Jacobs , Phoenix, Attorneys for Arizona Public Service Company, Freeport — McMoran Corporation, Roosevelt Water Conservation District.

Polsinelli Shughart PC By Lucas J. Narducci , Margaret LaBianca , Phoenix, Attorneys for BHP Copper Inc.

Engelman Berger PC By William H. Anger , Phoenix, Attorney for City of Avondale, City of Chandler, City of Glendale, City of Mesa, City of Scottsdale.

Brown & Brown Law Offices PC By David Albert Brown , Douglas E. Brown , St. Johns Eagar , Attorneys for City of Cottonwood, City of Show Low, Franklin Irrigation District, Aztec Land and Cattle Company Ltd.

Ballard Spahr LLP By Lee A. Storey , Sara V. Ransom , Phoenix, Attorneys for City of Flagstaff.

Gary Verburg , Phoenix City Attorney By Gary Verburg , City Attorney Cynthia S. Campbell , Assistant City Attorney, Daniel L. Brown , Assistant City Attorney, Phoenix, Attorneys for City of Phoenix.

Moyes Sellers & Hendricks By Steven L. Wene , Phoenix, Attorney for City of Safford.

Gila River Indian Community By Linus Everling , Thomas L. Murphy, Sr. , Sacaton, Attorneys for Gila River Indian Community.

Fennemore Craig PC By Lauren J. Caster , Gregory Loyd Adams , Phoenix, Attorneys for Asarco LLC and Catalyst Paper (Snowflake) Inc.

Law Office of L. Anthony Fines PC By L. Anthony Fines , Tucson, Attorney for Gila Valley Irrigation District.

Navajo Nation Department of Justice By Stanley M. Pollack , Window Rock, and McElroy Meyer Walker & Condon PC By Scott McElroy , Boulder, CO, Attorneys for Navajo Nation.

Montgomery & Interpreter PLC, By Susan B. Montgomery , Robyn L. Interpreter , Scottsdale, Attorneys for Yavapai-Apache Nation.

United States Department of Justice By Robert G. Dreher , Acting Assistant Attorney General, F. Patrick Barry , Mary Gabrielle Sprague , Washington, DC, Attorneys for United States of America.

Arizona Department of Water Resources By Kenneth C. Slowinski , David S. Johnson , Phoenix, Attorneys for Amicus Arizona Department of Water Resources.

OPINION

PELANDER, Justice.

¶ 1 The State of Arizona filed an interlocutory appeal from an order issued in the general stream adjudications of the Gila River System and Source and the Little Colorado River System and Source. At issue is whether federal water rights were impliedly reserved on lands granted by the United States government to the State of Arizona to support education and other public institutions ("State Trust Lands"). We accepted review...

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