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TOWN OF CHINO VALLEY v. STATE LAND DEPT.

No. 13602.

119 Ariz. 243 (1978)

580 P.2d 704

TOWN OF CHINO VALLEY, a Municipal Corporation formed on behalf of itself and its citizens, William J. Wells, Edwin F. Johnson and Everet Brisendine, for and on behalf of themselves and other persons or legal entities, constituting a class too numerous to be named as parties, Petitioners, v. The STATE LAND DEPARTMENT, a department of the State of Arizona, Andrew L. Bettwy, State Land Commissioner of the State of Arizona, and CITY OF PRESCOTT, a political subdivision of the State of Arizona, a real party in interest, Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied June 6, 1978.

Attorney(s) appearing for the Case

Udall, Shumway, Blackhurst, Allen, Bentley & Lyons by Dale R. Shumway, Mesa, William P. Mahoney, Phoenix, for petitioners.

Bruce E. Babbitt, Former Atty. Gen., John A. LaSota, Jr., Acting Atty. Gen., by Dale Pontius, Phoenix, for respondent State Land Dept.

Chester R. Lockwood, Jr., Acting City Atty., Prescott, Carmichael, McClue, Stephens, Mason & Toles by Martha B. Kaplan and Bill Stephens, Phoenix, for City of Prescott.

Chandler, Tullar, Udall & Redhair by Thomas Chandler and Robert E. Lundquist, Tucson, for amicus curiae Anamax.

Lewis & Roca by Tom Galbraith, Phoenix, for amicus curiae Cyprus Pima Mining Co.

Frederick S. Dean, City Atty. by T.J. Harrison, Asst. City Atty., Tucson, for amicus curiae City of Tucson.

Evans, Kitchel & Jenckes by Burton M. Apker, Phoenix, for amicus curiae ASARCO Inc.

Fennemore, Craig, von Ammon & Udall by Calvin H. Udall and James W. Johnson, Phoenix, for amicus curiae Duval Corp.

HOLOHAN, Justice.

The Town of Chino Valley, a municipal corporation, on behalf of itself and its citizens, together with William J. Wells, Edwin F. Johnson and Everet Brisendine on behalf of themselves and others constituting a class filed this petition for a special action against the State Land Department, Andrew Bettwy, the State Land Commissioner, and the City of Prescott to prevent enforcement of the 1977 Amendments to the Groundwater Code of 1948.

Because...

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