Ariz. Water District Says Ak-Chin Tribe Can't Nix Counterclaim

Law360 (November 18, 2020, 7:47 PM EST) -- An Arizona water district has asked a federal judge not to toss its counterclaim in the Ak-Chin Indian Community's water rights suit, saying the tribe waived its sovereign immunity by raising the issue of groundwater degradation at the heart of the counterclaim.

The federally recognized Ak-Chin tribe on Nov. 3 urged U.S. District Judge John J. Tuchi to nix Central Arizona Irrigation & Drainage District's claim that it has provided "high quality waters" to the tribe for decades, saying that the tribe's suit does not constitute a clear waiver of the tribe's sovereign immunity to suit.

In CAIDD's response Tuesday, the water...

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