Superior Court >Adjudications Decisions and Orders Decisions of the Arizona Supreme Court

• For the Arizona Supreme Court's opinions or rulings on the six interlocutory appeal issues, click here.
• San Carlos Apache Tribe v. Bolton (April 27, 1999) - in special action proceeding challenging communications between the Arizona Department of Water Resources (ADWR) and the Superior Court, court held that superior court judge's ex parte communications with ADWR do not require disqualification from Gila River Adjudication and ADWR's chief legal counsel's ex parte communications with judge do not require his disqualification as department's chief counsel. The opinion is reported in 194 Ariz. 68, 977 P.2d 790 (1999). The case was reviewed in the February 1999 and April-July 1998 issues of the Bulletin.
• San Carlos Apache Tribe v. Superior Court (January 7, 1999) - in special action proceeding reviewing lower court decision, court upheld certain provisions and declared others invalid in major adjudication legislation enacted in 1995. The opinion is reported in 193 Ariz. 195, 972 P.2d 179 (1999). The decision was reviewed in the Special Issue-January 1999, February 1999, and March-April 1999 issues of the Bulletin.
• United States v. Superior Court, 144 Ariz. 265, 697 P.2d 658 (1985) - in special action proceeding, court held that state courts have jurisdiction to adjudicate Indian claims to water rights and may do so in general adjudications; a general adjudication is not a claim to Indian title, therefore, disclaimer provision of Arizona Constitution is not an impediment to adjudication in state courts of Indian water rights; and, procedures contained in Arizona's general adjudication statutes do not violate the Arizona or federal constitutional due process guarantees.
• This 1985 decision of the Arizona Supreme Court followed the opinion of the United States Supreme Court in Arizona v. San Carlos Apache Tribe of Arizona, 463 U.S. 545 (1983), where the Court held that the McCarran Amendment removed whatever limitations the Enabling Acts or federal policy may have originally placed on state court jurisdiction over Indian water rights, and state courts have jurisdiction to adjudicate Indian water rights.

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Orders of the Arizona Supreme Court

• Order regarding former Judge Michael C. Nelson's authority to act as facilitator and settlement judge in the Gila River Adjudication (March 26, 2004) (.pdf)
• Special Procedural Order Providing for the Approval of Federal Water Rights Settlements, Including Those of Indian Tribes (May 16, 1991) (.pdf)
• Special Procedural Order Providing for Interlocutory Appeals and Certifications (September 26, 1989)(.pdf)

• Order regarding former Judge Michael C. Nelson's authority to act as facilitator and settlement judge in the Little Colorado River Adjudication (March 26, 2004) (.pdf)
• Order appointing Judge Edward P. Ballinger, Jr. to act as judge in the Little Colorado River Adjudication (January 17, 2002) (.pdf)
• Order requesting comments regarding appointing Judge Edward P. Ballinger, Jr. to act as judge in the Little Colorado River Adjudication (November 23, 2001) (.pdf)
• Administrative Order adopted for the approval of settlements of Indian water rights or water rights for other federal reservation(s) or federal lands arising in the Little Colorado River Adjudication (September 27, 2000) (.pdf)
• Special Procedural Order Providing for Interlocutory Appeals and Certifications (June 1, 1994) (.pdf)

• Arizona Supreme Court Rule 31(d)(9) - Allowing for Non-Lawyer Representation in the General Stream Adjudications (December 1, 1995) (.pdf)

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