Legal Opinion

In Re the General Adjudication of All Rights to Use Water in the Gila River System & Source

Arizona Supreme Court

Decided February 9, 2006No. WC-02-0003-IRPublishedCited by 45 opinions

1Opinion of the Court

OPINION

HURWITZ, Justice.

¶ 1 This is an interlocutory appeal by the San Carlos Apache Tribe (“Apache Tribe” or “Tribe”) from an order issued in the Gila River general stream adjudication. See Ariz. Rev.Stat. (“A.R.S.”) §§ 45-251 to -264 (2003) (authorizing general stream adjudications). The central issue is whether claims advanced by the Tribe (and the United States on the Tribe’s behalf) are precluded by a consent decree entered in 1935 by the United States District Court for the District of Arizona. We conclude that the decree precludes the Tribe’s claims to additional water from the Gila…

2Cases cited44 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Heck v. HumphreySupreme Court of the United States · 1994
  3. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  4. Montana v. United StatesSupreme Court of the United States · 1979
  5. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982

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3Cited by45 opinions

  1. Paramount Pictures Corp. v. Allianz Risk Transfer AGCourt for the Trial of Impeachments and Correction of Errors · 2018
  2. Airfreight Express Ltd. v. Evergreen Air Center, Inc.Court of Appeals of Arizona · 2007
  3. San Carlos Apache Tribe v. United StatesCourt of Appeals for the Federal Circuit · 2011
  4. Corbett v. Manorcare of America, Inc.Court of Appeals of Arizona · 2006
  5. Peterson v. NewtonCourt of Appeals of Arizona · 2013

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