Arizona Copper Co. v. Gillespie
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. The facts, which involve the relative rights of appropriators of water in Arizona and the jurisdiction of a court of equity to enjoin the contamination of the water by an upper-.appropriator using the water for mining purposes in favor of a lower appropriator using it for agricultural purposes, are stated in the opinion.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. The facts, which involve the relative rights of appropriators of water in Arizona and the jurisdiction of a court of equity to enjoin the contamination of the water by an upper-.appropriator using the water for mining purposes in favor of a lower appropriator using it for agricultural purposes, are stated in the opinion. Even if the acts complained of constituted a public nuisance, the injury to the plaintiff did not differ in kind from that.sustained by other members of the-community in which the plaintiff’s farm was situated; and,…
1Opinion of the Court
Ms. Justice Lukton
delivered the opinion of the court.
This is a laill for an injunction to restrain the appellant from polluting a public stream, whereby the appellee has sustained a special injury as a lower proprietor.
The Arizona Copper Company, Limited, is engaged in mining and reducing copper ore near the town of Clifton, Arizona. Its concentration and reduction works, in which ores are treated, are situated upon or adjacent to small streams tributary to the Gila River. Much of the tailings and waste material from the reduction work is carried by the water used in the reducing process into…
2Cases cited4 opinions
- Georgia v. Tennesssee Copper Co.Supreme Court of the United States · 1907
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- Atchison v. PetersonSupreme Court of the United States · 1874
3Cited by41 opinions
- Joerger v. Pacific Gas & Electric Co.California Supreme Court · 1929
- Maricopa County Municipal Water Conservation District Number One v. Southwest Cotton Co.Arizona Supreme Court · 1931
- Reserve Mining Co. v. Environmental Protection AgencyCourt of Appeals for the Eighth Circuit · 1975
- Hampton v. North Carolina Pulp Co.Supreme Court of North Carolina · 1943
- Riter v. Keokuk Electro-Metals CompanySupreme Court of Iowa · 1957
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