- 23 - contracts that were involved in those cases and in the Boulder Canyon Project Act that is involved in the instant case. We now apply the law, as set forth and discussed above, to the undisputed facts of this case. The participation and rights of the partnership in which petitioners invested in Colorado River water originated in 1983 only as a result of and in direct proportion to the partnership’s ownership interest in Harquahala Valley land. The 1983 allocation of water rights to HID under the Subcontract and through HID to the partnership under Arizona law was directly linked to and dependent upon the partnership’s ownership of the land and on irrigation of the land in prior years. Ariz. Rev. Stat. Ann. sec. 48-2990, relating to water rights and irrigation districts, and under which the partnership in 1983 received its Colorado River water rights, provides in part as follows: "Subject to the law of priority, all water of the district available for distribution shall be apportioned to the lands thereof pro rata". The water rights of the partnership were linked to the partnership’s ownership interest in the land, to its farming operations and activities on the land, and to its capital investment in the land. The water rights, and particularly the decision in 1992 to relinquish the water rights, affected the partnership’s farming activity and the investment risks associated with that farming activity--especially the financial risks associated with purchasing water on the open market.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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