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WATAHOMIGIE v. BD. OF WATER QUALITY APP.

No. 1 CA-CV 93-0142.

181 Ariz. 20 (1994)

887 P.2d 550

Don WATAHOMIGIE, Rex Tilousi, and The Havasupai Tribe, a Federally Recognized Indian Tribe, Plaintiffs-Appellants, v. ARIZONA BOARD OF WATER QUALITY APPEALS; Harold Merkow, Hearing Officer, Arizona Department of Environmental Quality; Union Pacific Minerals, a Utah Corporation, Defendants-Appellees.

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

Opinion Granting Reconsideration in Part July 28, 1994.

Review Denied January 24, 1995.

Attorney(s) appearing for the Case

Sparks & Siler, P.C. by Joe P. Sparks, Kevin T. Tehan, Scottsdale, and Norling, Perry, Pierson & Kolsrud, P.C.L. by Russell A. Kolsrud, Nancy L. Rowen, Phoenix, for plaintiffs-appellants.

Grant Woods, Atty. Gen. by James T. Skardon, Paula S. Bickett, Asst. Attys. Gen., Phoenix, for Arizona Dept. of Environmental Quality.

Meyer, Hendricks, Victor, Osborn & Maledon, P.A. by Donald M. Peters and Jennings, Strouss & Salmon by James D. Vieregg, Phoenix, for Union Pacific Minerals.

OPINION

TOCI, Presiding Judge.

The Arizona Department of Environmental Quality ("ADEQ") issued an aquifer protection permit authorizing Union Pacific Minerals ("UPM") to operate a uranium mine. Don Watahomigie, Rex Tilousi, and The Havasupai Indian Tribe (collectively, "Tribe") filed a notice of appeal with the Arizona Board of Water Quality Appeals ("Board") challenging issuance of the permit. After the Board dismissed the administrative appeal, the Tribe...

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