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CAP Water District was required to be distributed by HID to the
Harquahala Valley landowners on a per-acre basis. See Ariz. Rev.
Stat. Ann. sec. 48-2990 (West 1997).
The Subcontract does not state that the water rights of
Harquahala Valley landowners such as the partnership were
appurtenant to the land.
Before the beginning of each year, the CAP Water District
would notify HID of the amount of Colorado River water that,
under the Subcontract, would be available to HID during the
following year, and HID would submit to the CAP Water District a
requested monthly water distribution schedule for the following
year indicating how much of the available Colorado River water it
wished to receive.
Under the Subcontract, HID was required to pay $2 per acre-
foot for Colorado River water it received under the above
allocation and Subcontract. Over the course of the 50-year term
of the Subcontract, the rate of $2 per acre-foot of Colorado
River water received was subject to periodic review and
adjustment.
Also under the Subcontract, HID was obligated to pay its
share of annual operating and maintenance costs of the CAP Water
District distribution system.
As Harquahala Valley landowners entitled to and receiving
Colorado River water from HID, the landowners, including the
partnership herein, were required each year to pay HID for the
Colorado River water they received under the above allocation and
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Last modified: May 25, 2011