United States v. Gila Valley Irrigation District
United States District Court for the District of Arizona
920 F. Supp. 1444 (1996)
- Written by Eric Miller, JD
Facts
The San Carlos Apache Tribe (the tribe) (plaintiff) inhabited the San Carlos Reservation. The tribe historically utilized waters from the San Carlos River in the cultivation of several crops. A 1935 consent decree provided that the United States (plaintiff) held rights to divert the river’s waters for irrigation purposes on behalf of the tribe. The reservation was located downriver from several growers whose agricultural activities included pumping groundwater and diverting the stream for their own irrigation purposes. By the time the waters reached the reservation, their quality had diminished due to increased salt levels. The United States and the tribe brought suit against the Gila Valley Irrigation District and others (the growers) (defendants), seeking injunctive relief. The tribe contended that the growers’ agricultural activities caused the degradation in water quality, inhibiting the tribe’s ability to grow salt-sensitive crops. The growers argued that the increase in salt levels was naturally occurring, though expert witnesses for the tribe and the United States presented testimony to the contrary.
Rule of Law
Issue
Holding and Reasoning (Coughenour, J.)
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