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YAVAPAI-APACHE NATION v. FABRITZ-WHITNEY

No. 1 CA-CV 10-0255.

260 P.3d 299 (2011)

The YAVAPAI-APACHE NATION, a federally recognized Indian Tribe of Arizona; and The Fort McDowell Yavapai Nation, a federally recognized Indian Tribe of Arizona, Plaintiff/Appellant, v. Sandra FABRITZ-WHITNEY, in her capacity as acting Director of the Arizona Department of Water Resources; Arizona Department of Water Resources, an agency of the State of Arizona; Cliff J. Vannell, acting in his capacity as Director of the Arizona Office of Administrative Hearings; Arizona Office of Administrative Hearings; State of Arizona; City of Prescott, Arizona, an Arizona municipal corporation; Town of Prescott Valley, Arizona, an Arizona municipal corporation, Defendants/Appellees.

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

July 21, 2011.

Attorney(s) appearing for the Case

Montgomery & Interpreter PLC, By Susan B. Montgomery, Robin L. Interpreter, Scottsdale, Attorneys for Plaintiff/Appellant Yavapai-Apache Nation.

Arizona Department of Water Resources, By Janet L. Ronald, Kenneth C. Slowinski, Nicole D. Klobas, Phoenix, Attorneys for Defendants/Appellees Sandra Fabritz-Whitney/Arizona Department of Water Resources.

Maguire & Pearce, PLLC, By Rita P. Maguire, Michael J. Pearce, Phoenix, and Perkins Coie LLP, By Paul F. Eckstein, Amelia M. Gerlicher, Phoenix, Co-Counsel Attorneys for Defendants/Appellees City of Prescott and Town of Prescott Valley.

OPINION

OROZCO, Judge.

¶ 1 The Yavapai-Apache Nation (the YAN) appeals the trial court's partial judgment, construing Arizona Revised Statutes (A.R.S.) section 45-578.B (Supp. 2010) and upholding the statute against facial and as applied constitutional challenges.1 For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2 The genesis of this case occurred in October 2007, when the City...

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