Smith v. Central Arizona Water Conservation District

Good Law
418 F.3d 1028·35 Envtl. L. Rep. (Envtl. Law Inst.) 20164·2005 U.S. App. LEXIS 16712
United States Court of Appeals for the Ninth CircuitAugust 10, 200503-16962California4,765 words

Opinion

Opinion

418 F.3d 1028 John E. SMITH, husband, and as Trustee of the Smith Family Trust; Mary Lou Smith, wife; Pretzer Land & Cattle, an Arizona corporation, Plaintiffs-Appellants, v. CENTRAL ARIZONA WATER CONSERVATION DISTRICT, a municipal corporation of the State of Arizona, Defendant-Appellee. No. 03-16962. United States Court of Appeals, Ninth Circuit. Argued April 14, 2005. Submitted: August 3, 2005. Filed: August 10, 2005. J. Gordon Cook, Phoenix, AZ, for the plaintiffs-appellants. Stuart L. Somach, Sacramento, CA, for the defendant-appellee. Appeal from the United States District Court for the District of Arizona; Earl H. Carroll, District Judge, Presiding. D.C. No. CV-03-00505-EHC. Before: HUG, THOMPSON, and RYMER, Circuit Judges. DAVID R. THOMPSON, Senior Circuit Judge: 1 John E. Smith, Mary Lou Smith, the Smith Family Trust, and the Pretzer Land and Cattle Company ("the landowners") own land located within the Maricopa-Stanfield Irrigation and Drainage District and the Central Arizona Irrigation and Drainage District ("the irrigation districts"), respectively. Through a master contract and related subcontracts with the Central Arizona Water Conservation District…

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