FOR IMMEDIATE RELEASE ENR
MONDAY, SEPTEMBER 9, 1996 (202) 616-2771
TDD (202) 514-1888
STATE COURT STRIKES DOWN AMENDMENTS TO ARIZONA
WATER ADJUDICATION STATUTE
Decision Insures Laws Governing Water Rights Applied Fairly
WASHINGTON, D.C. -- The U.S. Department of Justice today
announced that an Arizona court has struck down several 1995
amendments to the Arizona Water Adjudication Statute, a ruling
that will bolster the protection of federal water rights in
Arizona, including the rights of more than fifteen Indian Tribes.
The stricken provisions were part of the law that governs
thousands of competing claims to water rights within the Gila
River and Little Colorado River Basins. If allowed to stand, the
amendments would have undercut federal water rights by giving
greater weight to the rights of other water users governed by the
Arizona state water statute.
The decision by Judge Susan Bolton upholds a challenge by
the United States and several Indian Tribes, who argued that the
amendments are unconstitutional because they would change the
standards that govern court decisions affecting previously
existing water rights. An association of water users known as
the Salt River Project, along with several mining companies and
the State of Arizona, argued that the provisions are valid
because they are merely procedural or simply clarified existing
law. Judge Bolton held that the provisions are substantive
changes and thus unconstitutional.
The case dates back to the 1970s, when irrigation districts
and mining companies asked the State to determine water rights to
the Gila River system. In 1978, the Gila River Indians filed
suit to assert priority of their rights over those of non-Indian
water users. Other Indian tribes have since filed similar
claims. The United States asserts claims on its own behalf and
as trustee for the Tribes.
"This decision will allow us to continue to protect Indian
reserved water rights without unfair changes to the rules," said
Lois J. Schiffer, Assistant Attorney General in charge of the
Justice Department's Environment and Natural Resources Division.
Judge Bolton has referred the case to the Arizona Supreme
Court for further proceedings.
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