Arizona ranchers typically use a series of wells for domestic purposes and irrigation. However, a lawsuit has prevented some from using wells due to water rights claimed by the Gila River Indian Community.
The tribe says the ranchers pumped water in violation of a decree. However, the ranchers argued that water pumped from the wells is groundwater rather than subflow from the Gila River.
The United States District Court ruled in favor of the Gila River Indian Community.
Director Tim Berg of Fennemore Craig, P.C. says the law being used to seal the wells is too broad in scope and reaches beyond what it was intended to cover.
“We also have taken the position that the remedy of sealing the wells entirely rather than some less onerous remedy is inappropriate," he said.
The ranchers have now appealed to the 9th U.S. Circuit Court of Appeals to reverse the decision.
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