Arizona Public Service Co. v. Long

HAIRE, Court of Appeals Judge,

concurring in part and dissenting in part:

To a large extent, I concur in the result reached by the majority, but not in the legal analysis that the majority uses to arrive in that result. My major disagreement with the result reached by the majority concerns surface water issues resulting from the Cities’ historical practice of discharging effluent into the Salt River Channel. I would hold that the right to dispose of sewage effluent by sale is included within the concept of full beneficial use of surface water and is not precluded by Arizona’s surface .water or…