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14-16944 - USA, et al v. Gila Valley Irrigation Distric, et al


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14-16944 - USA, et al v. Gila Valley Irrigation Distric, et al
June 13, 2017
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FILED OPINION (DIARMUID F. O'SCANNLAIN, RONALD M. GOULD and MILAN D. SMITH, JR.)We GRANT the motion of Gila Valley Irrigation District et al. filed on February 9, 2017 to take judicial notice of the sever and transfer applications filed with the Water Commissioner in 2014 by Ronald G. and Janice A. Howard and S&R Daley LP, together with the accompanying declaration of Herbert Dishlip. (SEE OPINION FOR FULL TEXT) These applications are still pending on the main docket. We DISMISS the cross-appeal in No. 14-17048, brought by Gila Valley Irrigation District and Franklin Irrigation District,33 and the cross-appeal in No. 14-17047, brought by Larry W. Barney, Viri Viva Lunt Revocable Trust, TRP Family Trust, Ronald Howard, Janice Howard, Myrna Curtis, Joe B. Tatum, Judy L. Tatum, Harrington Ranch And Farm, S&R Daley, LP, and Steve Daley, Ross and Fawn Bryce Family Trust, Householder Family Limited Partnership, and Kenneth Claridge. We GRANT their joint motion to treat their joint opening brief as an amicus brief. We DENY, however, their joint motion to file a second amicus brief. See 9th Cir. R. 29-1. Each party shall bear its own costs. AFFIRMED in part, DISMISSED in part, REVERSED in part, and REMANDED. Judge: DFO Authoring, FILED AND ENTERED JUDGMENT. [10470240] [14-16942, 14-16944, 14-17047, 14-17048, 14-16943, 14-17185]