SILVER v. PUEBLO DEL SOL WATER CO.

No. CV-16-0294-PR.

423 P.3d 348 (2018)

Robin SILVER, M.D.; United States of America, U.S. Department of the Interior, Bureau of Land Management; and Patricia Gerrodette, Plaintiffs/Appellees, v. PUEBLO DEL SOL WATER COMPANY, an Arizona corporation; Thomas Buschatzke, in his official capacity as Director of the Arizona Department of Water Resources; Arizona Department of Water Resources, an agency of the State of Arizona, Defendants/Appellants.

Supreme Court of Arizona.

Filed August 9, 2018.


Attorney(s) appearing for the Case

Timothy M. Hogan , Arizona Center for Law in the Public Interest, Phoenix; and Heidi J. McIntosh (argued), Earthjustice, Denver, CO, Attorneys for Robin Silver, M.D.

F. Patrick Barry , Katherine W. Hazard (argued), United States Department of Justice, Washington, DC, Attorneys for United States of America, U.S. Department of the Interior, Bureau of Land Management.

Daniel J. Adelman , Arizona Center for Law in the Public Interest, Phoenix; and Joy E. Herr-Cardillo , University of Arizona, James E. Rogers College of Law, Tucson, Attorneys for Patricia Gerrodette.

William P. Sullivan (argued), Law Offices of William P. Sullivan P.L.L.C., Phoenix, Attorneys for Pueblo Del Sol Water Company.

Kenneth C. Slowinski , Nicole D. Klobas , Janet L. Miller (argued), Arizona Department of Water Resources, Phoenix, Attorneys for Thomas Buschatzke and Arizona Department of Water Resources.

Jesse Richardson, Jr. , Law Offices of Jesse J. Richardson, Jr., Morgantown, WV; and L. William Staudenmaier , Snell & Wilmer L.L.P., Phoenix, Attorneys for Amicus Curiae Water Systems Council.

JUSTICE LOPEZ authored the opinion of the Court, in which VICE CHIEF JUSTICE BRUTINEL, and JUSTICES TIMMER and GOULD joined. CHIEF JUSTICE BALES and JUSTICE BOLICK authored separate opinions concurring in part and dissenting in part, in which JUSTICE PELANDER joined. JUSTICE PELANDER issued an opinion concurring in the partially dissenting opinions of CHIEF JUSTICE BALES and JUSTICE BOLICK.


¶ 1 The issue in this case is whether the Arizona Department of Water Resources ("ADWR") is required to consider unquantified federal reserved water rights when it determines whether a developer has an adequate water supply for purposes of A.R.S. § 45-108....

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