Gillespie Land and Irrigation Company v. Gonzalez

BERNSTEIN, Chief Justice.

On August 19, 1957, a cloudburst occurred in the vicinity of the Sand Tank Mountains south of the city of Gila Bend, Arizona. Water draining from this area flowed down Sand Tank Wash (designated Wash No. 2, on the accompanying diagram) and Washes No. 1 and No. 3 toward the Gila River, which runs north of the city of Gila Bend. Near the city of Gila Bend, Sand Tank Wash and Wash No. 1 intersect the Gila Bend Canal, a waterway system at that time owned by appellant Gillespie Land and Irrigation but since acquired by appellant Gila River Ranch. Since 1920 two structures…