United States Ninth Circuit

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US v. Gila Valley Irrigation Dist., 14-16942

In consolidated appeals involving the Globe Equity Decree of 1935, and concerning whether landowners can transfer their rights to divert water from the Gila River, which flows through southern Arizona, the district court's judgment is affirmed in part and reversed in part where: 1) the district court did not err in holding that Freeport failed to present a prima facie case of no injury to other Decree parties; 2) the district court erred by considering whether Arizona's law of statutory forfeiture, Arizona Revised Statutes section 45-141(C), applied to Freeport's water rights when it concluded that water rights which vested prior to 1919 could not be lost through statutory forfeiture; and 3) the district court did not clearly err in determining that Freeport had abandoned its water rights in 1.4 acres of land that were part of the sever parcel in Application 147.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/06/13

Judges

  • O'SCANNLAIN

Court

  • United States Ninth Circuit

Counsel


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