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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The nonprofit Apache Stronghold has argued its religious freedom case all the way to the highest court in the land. On Friday, the nine justices are meeting in conference once again, and an answer may arrive as soon as Monday. -
Resolution Copper is betting on gaining access to a large and lucrative copper ore east of Phoenix. A lot of money has already been invested in the project – over $2 billion – and opponents say some of it has been used to buy influence. -
Resolution Copper wants to dig up a massive amount of copper ore beneath Oak Flat inside the Tonto National Forest. And by doing so, a site that some Apaches consider sacred may be destroyed. -
While Resolution Copper is taking a proactive approach to meet its tremendous water needs, their actions may still have a lasting and severe impact on the local hydrological landscape around Oak Flat. -
While they’re not mining yet, Resolution Copper is slowly digging its way toward the lucrative ore. In fact, the site is already home to the deepest single-lift mine shaft in North America, and KJZZ’s Gabriel Pietrorazio goes thousands of feet underground to see it for himself.
