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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