United States v. Gila Valley Irrigation District State of Arizona v. San Carlos Apache Tribe, Plaintiff-Intervenor-Appellant

959 F.2d 242 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff, v. GILA VALLEY IRRIGATION DISTRICT, et al.; State of Arizona, Defendants-Appellees, v. San Carlos Apache Tribe, Plaintiff-intervenor-Appellant. Nos. 90-16720, 90-16721. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 9, 1992. Decided April 3, 1992. As Amended on Denial of Rehearing and Rehearing En Banc June 5, 1992. Before NOONAN, TROTT and RYMER, Circuit Judges. 1 MEMORANDUM * 2 The United States, the Gila River Indian Community, and the San Carlos Apache Tribe brought suit against the Gila Valley Irrigation District and other upper valley defendants, alleging violations of the 1935 Consent Decree, which established rights to the waters of the Gila River. Count six of the Apaches' complaint and count eight of the Gila River Indian Community's complaint allege that various upper valley defendants are pumping Gila River water out of wells in violation…