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The Transportation Provisions of Arizona's 1980 Groundwater Management Act: A Proposed Definition of Compensable Injury

Abstract

Under the common law of groundwater fashioned by the Arizona Supreme Court before 1980, irrigating farmers had an action for injunction against cities or mines transporting groundwater off the overlying land for use elsewhere. The 1980 Arizona Groundwater Management Act abolishes the injunctive remedy but makes certain transfers "subject to the payment of damages." This Article proposes a definition of compensable injury against which these damages would be measured.

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25 Ariz. L. Rev. 655 (1983)

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