DEAN’S WELCOME
Toni M. Massaro

FOREWORD
Senator Jon Kyl & Ryan A. Smith

 FROM A COLORADO RIVER COMPACT CHALLENGE TO THE NEXT ERA OF COOPERATION AMONG SEVEN BASIN STATES
W. Patrick Schiffer, Herbert R. Guenther & Thomas G. Carr

 TRANSFERRING MAINSTEM COLORADO RIVER
WATER RIGHTS: THE ARIZONA EXPERIENCE
Robert Glennon & Michael J. Pearce

BEYOND THE COLORADO RIVER: IS AN INTERNATIONAL WATER AUGMENTATION
CONSORTIUM IN ARIZONA’S FUTURE?
Karl Kohlhoff & David Roberts

 ENCOURAGING CONSERVATION BY ARIZONA’S
PRIVATE WATER COMPANIES: A NEW ERA OF
REGULATION BY THE ARIZONA CORPORATION
COMMISSION
Kris Mayes

 BETWEEN A ROCK AND A DRY PLACE: THE RURAL WATER SUPPLY CHALLENGE FOR ARIZONA
L. William Staudenmaier

GOOD INTENTIONS, UNINTENDED CONSEQUENCES: THE CENTRAL ARIZONA GROUNDWATER REPLENISHMENT DISTRICT
Chris Avery, Carla Consoli, Robert Glennon & Sharon Megdal

PATCHING THE HOLES IN THE BUCKET: SAFE YIELD AND THE FUTURE OF WATER MANAGEMENT IN ARIZONA
Rita Pearson Maguire

THE CONSTITUTIONALITY OF INTRASTATE GROUNDWATER MANAGEMENT: ARIZONA—A CASE STUDY
Kenneth A. Hodson & Maxine Becker

THE ADJUDICATION THAT ATE ARIZONA WATER
LAW
Joseph M. Feller

FUTURE INDIAN WATER SETTLEMENTS IN
ARIZONA: THE RACE TO THE BOTTOM
OF THE WATERHOLE?
John B. Weldon, Jr. & Lisa M. McKnight

DEVELOPMENTS IN TOXIC TORT LIABILITY FOR
THE QUALITY OF GROUNDWATER SERVED
James G. Derouin & David R. Nelson

DEFENDERS OF WILDLIFE V. UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY:
THE FUTURE OF NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMITTING IN ARIZONA
Arizona Department of Environmental Quality

NOTE

ON LITERATURE AS LEGAL AUTHORITY
John M. DeStefano III

This Note surveys the courts’ use of poetry, fiction, and drama to develop substantive law. Combining the premises of legal realism and literary criticism, the Note rejects the position held by Judge Posner and other critics that literature is too subjective to offer the law legitimate substantive guidance. As caselaw examples demonstrate, the subjectivity of great writing can provide judicial opinions with a unique view to the complexity of life.

ARIZONA CASE NOTES

IN RE GENERAL ADJUDICATION OF ALL RIGHTS TO USE WATER IN THE GILA RIVER SYSTEM AND SOURCE
Jennifer Roth

The Arizona Supreme Court held that the Globe Equity Decree of 1935 precludes the San Carlos Apache Tribe from asserting additional claims to waters of the Gila River, but does not preclude the Tribe’s claims to the waters of the Gila’s tributaries. Even those competing claimants who were not parties to the Decree may assert its preclusive effect under the mutuality exception established by the Supreme Court in Nevada v. United States.

PARROT V. DAIMLERCHRYSLER CORPORATION: AUTOMOBILE LESSEE HAS NO REMEDY UNDER FEDERAL OR STATE WARRANTY LAWS
Jo Schumacher

The lessee of an automobile has no claim for relief under either the federal Magnuson-Moss Warranty Act or Arizona’s Lemon Law, when the lessor of the vehicle has purchased it with the intent to resell it. The New Jersey Supreme Court did in a recent decision.

MEJAK V. GRANVILLE: LURING STATUTE APPLIES ONLY WHEN ACTUAL MINOR OR PEACE OFFICER IS INVOLVED
Katrina Shabal

Under Arizona Revised Statutes section 13-3554, a person commits the crime of luring a minor for sexual exploitation only if the person lured is actually a minor or a peace officer. The Arizona Supreme Court dismissed the indictment against the defendant because he had lured a news reporter posing as a minor, but noted that the defendant might have been charged with attempted luring or attempted sexual conduct with a minor.