Arizona Public Service Co. v. Long

HOWARD, Court of Appeals Judge.

I. THE ISSUES

This case involves the sale by appellee Cities to the appellee Utilities of sewage effluent. Two questions are posed: (1) Can the Cities contract to sell sewage effluent for use on lands other than those involved in the original appropriation? And (2) once the Cities dump sewage effluent into a stream and such effluent is appropriated by downstream users, must the Cities continue such dumping ad infinitum? We answer the first question in the affirmative and the second in the negative.

The Utilities have also filed a cross-appeal regarding certain…