In Re the General Adjudication of All Rights to Use Water in the Gila River System and Source

Summary

The Arizona Supreme Court affirmed approval of the Gila River Indian Community settlement agreement, holding that review under the governing Special Order is limited to specified objections concerning material injury, procedural prerequisites, good faith, and whether the settlement grants more water than the tribe could prove at trial. The court concluded that the objecting Apache Tribes, Lower Gila Water Users, and ASARCO either were not materially injured, remained free to pursue their rights elsewhere in the adjudication or federal court, or raised issues outside the permitted scope of review. The court also held that non-settling claimants are not bound by the settlement or judgment and that the quantity comparison excludes water outside the adjudication court’s jurisdiction.