United States v. Gila Valley Irrigation District

OPINION

O’SCANNLAIN, Circuit Judge:

In these consolidated appeals involving the Globe Equity Decree of 1935, we must decide whether landowners can transfer their rights to divert water from the Gila River which flows through southern Arizona.

I

A

These cases arise out of litigation that began over ninety years ago. In 1925, the United States first brought suit on behalf of the Gila River Indian Community (“Community”) and the San Carlos Apache Tribe (“Tribe”), seeking to adjudicate the water rights involving the Gila River. In 1935, the district court entered a consent decree, known as the Globe…