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ARIZONA WATER CO. v. DEPT. OF WATER

No. 2 CA-CV 88-0213.

160 Ariz. 66 (1988)

770 P.2d 370

ARIZONA WATER COMPANY, an Arizona corporation, Plaintiff/Appellant, v. ARIZONA DEPARTMENT OF WATER RESOURCES, an agency of the State of Arizona, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied April 11, 1989.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by M. Byron Lewis and James M. Ackerman, Phoenix, for plaintiff/appellant.

Arizona Dept. of Water Resources by Barbara A. Markham, Chief Counsel, Phoenix, for defendant/appellee.

OPINION

FERNANDEZ, Judge.

Arizona Water Company appeals from the judgment of the trial court affirming the decision of appellee Arizona Department of Water Resources (DWR) denying its 35 applications for Type 2 non-irrigation grandfathered water rights under the Groundwater Code, Title 45, Chapter 2, 14 A.R.S. Arizona Water contends that DWR wrongly interprets the code and that its interpretation results in an unconstitutional "taking" of its wells without...

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