U.S. Supreme Court denies review of water rights case

By Jon Johnson, Staff Writer

The United States Supreme Court denied review of the case San Carlos Apache Tribe v. Arizona in February.

The tribe had sought to overturn an Arizona Supreme Court decision that limits the amount of water the tribe can claim from the Gila River to 6,000 acre feet per year. The court decision also states the tribe can properly assert water rights claims only to Gila River tributaries on the reservation.

Safford City Attorney Garn Emery said this was one small step in a long line of litigation that has been going on for many years.

Emery said the attempt by tribal attorney Joe Sparks to have the U.S. Supreme Court review the case was really a ploy to get leverage in a separate court case in which the tribe is attempting to join a water agreement that has been signed by the city of Safford and other parties.

“This is a small step in the litigation process that clearly defines the tribe’s rights as originally decreed and puts perspective back on their water rights,” Emery said.

According to the water agreement, Safford is allowed to claim 9,740 AFY from the Gila River.

That includes all water taken from Bonita Creek, Gila River wells and Mt. Graham.

Emery feels it is of the highest importance that negotiations are positive.

“Everyone needs to come to an agreement, or we will be litigating this for the next 200-300 years,” he said.

Calls to the tribe’s attorney Joe Sparks were not returned by press time.