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Thus, if petitioners' partnership or if any of the other
Harquahala Valley landowners had not agreed to relinquishment of
the water rights, HID could not have disposed of the water rights
relating to the land of the objecting landowners.
Apparently, one Harquahala Valley landowner voted against
relinquishment of the water rights, but the record does not
disclose the subsequent history of that landowner and its receipt
of Colorado River water.
In late 1992, in exchange for relinquishment of its Colorado
River water rights, HID received $28.7 million from the Interior
Department.
On January 5, 1993, HID's board of directors met and
authorized distribution of $24.6 million to the Harquahala Valley
landowners who had approved relinquishment of the water rights.
As part of the distribution that occurred, petitioners'
partnership received $1,088,132.
Upon receipt of the above funds, each Harquahala Valley
landowner entered into a distribution agreement and release
(Distribution Agreement) with HID under which it was provided
that the landowners would return to HID any “relinquishment
funds” they received if an error in payment occurred or if HID
incurred a liability necessitating the use of the funds.
There is no express provision in the Distribution Agreement
indicating that the distribution occurred in exchange for any
right of the landowners in Colorado River water.
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