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eBook details

• Title: Ernst v. Superior Court of Apache County
• Author : Arizona Supreme Court
• Release Date : January 05, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Section 75-106, A.C.A.1939 (now A.R.S. 1956, § 45-143), is the statutory provision which authorizes the state land commissioner to issue permits for the appropriation of water. Section 75-113, A.C.A.1939, provides that when the commissioner renders a decision upon such an application the applicant or any person whose rights are affected may appeal to the superior court. We have held that when application is made for the appropriation of water and objection to granting the same is presented to the commissioner upon the ground that all the water sought to be appropriated under the permit has already been appropriated, the objector has no right of appeal to the superior court under section 75-113, supra, and the superior court should be prohibited from hearing the same for the reason that, under the procedure prescribed for granting a permit, the decision of the commissioner can in no way affect the vested rights of prior appropriators. Beach v. Superior Court, 64 Ariz. 375, 173 P.2d 79.

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