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CORTARO WATER USERS' ASS'N v. STEINER

Nos. 1 CA-CIV 7513, 1 CA-CIV 7514 and 1 CA-CIV 7515.

148 Ariz. 343 (1985)

714 P.2d 836

CORTARO WATER USERS' ASSOCIATION, an Arizona non-profit corporation, and Cortaro-Marana Irrigation District, Pima County, Arizona, a political subdivision of the State of Arizona, Plaintiffs-Appellants-Appellees, v. Wesley E. STEINER, Director of the Department of Water Resources; the Department of Water Resources, an agency of the State of Arizona; the State of Arizona; City of Tucson, a political subdivision of the State of Arizona, Defendants-Appellants-Appellees, and Lewis McGinnis, a beneficial owner under Transamerica Title Insurance Company, Trust Nos. 82-28 and 82-29; Jackson-McGinnis Industrial Properties, an Arizona Joint Venture as beneficial owner under a Fidelity National Title Trust Company, Trust No. 10,066; Transamerica Title Insurance Company, as Trustee; and Fidelity National Trust Company, as Trustee, Intervenors-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

April 16, 1985.

Attorney(s) appearing for the Case

Martinez & Curtis, P.C. by Michael A. Curtis, Jay M. Martinez, William P. Sullivan, Phoenix, for Cortaro.

Bill Stephens, P.C. by Bill Stephens, Phoenix, for City of Tucson.

State of Ariz., Dept. of Water Resources by Kathleen Ferris, Chief Counsel, Scott Larmore, Deputy Counsel, Phoenix, for Dept. of Water Resources and Wesley E. Steiner, Director of the Dept. of Water Resources.

Roger D. Weissman, Tucson, for Lewis McGinnis, Jackson-McGinnis Indus. Properties, Transamerica Title Ins. Co., and Fidelity Nat. Trust Co.

OPINION

FROEB, Presiding Judge.

The 1980 Arizona Groundwater Management Act may well be the most ambitious legislation ever enacted by the Arizona Legislature and the most comprehensive water code in the United States.1 This case involves an interpretation of one aspect of the code referred to as "service area rights" and is the first Arizona appellate opinion to do so. The decision also...

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