Arizona Supreme Court

Re Water Rights to gila/little Colorado

September 12, 2012

Summary

The court affirmed the superior court’s determination that State Trust Lands do not carry implied federal reserved water rights. It held that the lands were neither withdrawn from the public domain nor reserved for a federal purpose, and that Congress did not intend to reserve appurtenant water rights for them. The court applied narrow construction because the grants remained capable of generating revenue through state ownership, sale, and use.