Arizona Supreme Court

In Re: Gila River System

February 19, 2010

Summary

The Arizona Supreme Court affirmed approval of the settlement resolving the Gila River Indian Community's federal water-rights claims. It held that the governing Special Order limits review to specified objections, that the settlement preserved nonsettling parties' rights and remedies, and that the settlement granted no more water than the Community could have established at trial. The court also held that objections concerning water quality, constitutional and statutory challenges, and certain contractual issues were outside the interlocutory review permitted by the Special Order or could be raised later.