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WEST MARICOPA COMBINE, INC. v. ADWR

No. 1 CA-CV 00-0086.

26 P.3d 1171 (2001)

200 Ariz. 400

WEST MARICOPA COMBINE, INC., an Arizona corporation, Plaintiff-Appellant, v. ARIZONA DEPARTMENT OF WATER RESOURCES; Rita Pearson, in her capacity as the Director of the Arizona Department of Water Resources; 10K L.L.C., an Arizona limited liability company; and The Town of Buckeye, a municipal corporation, Defendants-Appellees.

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

June 5, 2001.

Attorney(s) appearing for the Case

Martinez & Curtis, P.C., By William P. Sullivan, Phoenix, Attorneys for Appellant.

Arizona Department of Water Resources Legal Division, By Michael J. Pearce, Chief Counsel, W. Patrick Schiffer and Charles L. Cahoy, Phoenix, Attorneys for Appellee Arizona Department of Water Resources and Rita Pearson.

Mack & Herold, P.C., By Richard H. Herold, and Richard V. Mack, Phoenix, Attorneys for Appellee 10K, L.L.C.

OPINION

THOMPSON, Judge

¶ 1 At issue is whether Arizona Revised Statutes Annotated (A.R.S.) § 45-173 (1994 & Supp.2000) authorizes West Maricopa Combine's (WMC) use of the Hassayampa riverbed to move Central Arizona Project (CAP) water through private property over the property owners' objection. Both the superior court and the Arizona Department of Water Resources (ADWR) found that the private property owners' real property rights trumped...

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