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JARVIS v. STATE LAND DEPARTMENT, CITY OF TUCSON

No. 9488.

104 Ariz. 527 (1969)

456 P.2d 385

W.W. JARVIS, for and on behalf of himself and other persons or legal entities constituting a class too numerous to be named as parties, Petitioners, v. The STATE LAND DEPARTMENT; Obed M. Lassen, State Land Commissioner; CITY OF TUCSON, a municipal corporation, real party in interest, Respondent.

Supreme Court of Arizona. In Banc.

Rehearing Denied July 15, 1969.

Attorney(s) appearing for the Case

Elmer C. Coker, Phoenix, Cox & Johnson, Eloy, for petitioners.

Gary K. Nelson, Atty. Gen., by Dale R. Shumway, Sp. Asst. Atty. Gen., Phoenix, for Obed M. Lassen, State Land Commissioner of Arizona.

Dino De Concini, City Atty., of Tucson, Robert O. Lesher, Sp. Asst. City Atty., Tucson, for real party in interest.

Jennings, Strouss, Salmon & Trask, Phoenix, for amici curiae, Salt River Project Agricultural Imp. & Power Dist. and Salt River Valley Water Users Ass'n.

STRUCKMEYER, Justice.

This petition for an injunction filed December 12, 1968, invokes the original jurisdiction of this court, Constitution of Arizona, Art. VI, Sec. V, A.R.S. It is by W.W. Jarvis on behalf of himself and others who irrigate 33,000 acres of land in the Avra and Altar Valleys by means of wells pumping percolating waters. The action is directed principally against the City of Tucson, a municipal corporation which has recently drilled certain wells...

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