Clifton N. Cherry, Et Ux. v. Wesley E. Steiner

FLETCHER, Circuit Judge:

Various Arizona landowners appeal an order of the district court granting summa ry judgment for defendants in a suit challenging the constitutionality of the Arizona Groundwater Management Act of 1980 (the Act), Ariz.Rev.Stat.Ann. §§ 45-401 to 45-637 (West Supp.1982). Plaintiffs’ central contention is that prior to the enactment of the Act, they owned the groundwater beneath their property and that the Act’s imposition of conditions upon the use and enjoyment of that groundwater is constitutionally infirm. We have jurisdiction under 28 U.S.C. § 1291 (1976) and affirm.

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