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1929 Arizona Attorney General Reports and Opinions [i] (1929)

handle is hein.sag/sagaz0050 and id is 1 raw text is: April lat, 1929. Mr. W. W. Lane Arizona State fighway Engineer, Highway Building, Phoenix, Arizona. Dear Mr. Lane s I have examined and return to you herewith your file per- taining to House Bill 148 of the Ninth Arizona Legislature, relat Ing to bridges across the Verde River or its tributaries on the Clarkdale*CampVerde-Possil Creek Highway. Replying to the letter of Mr. C. G. Morrison Senior Highwa Engineer, United States Department of Agriculture, iBureau of Public Roads, under date of March 93rd, 1929, I am of opinion as followsa Item 1 should be answered in the negative. Items 2 and 3 should be answered in the affirmtive. In my opinion this conclusion controls when the authority which has Jurisdiction to locate or relocate this road determines that by reason of the reasonable probability of the construction of the Verde Dem, it will be Iapractical to construct a bridge at or near Camp Verde that authority my then proceed upon that so- sount to locate mA re-least. the road. Thereupon the Arisons State Highway Engineer the Board of pervisiams of Yavapsi County, and the Bureau of Publia Reads my Jointly determine the sites of bridges across the Verde River tributaries along the road as re. lestedl thereupon, provided eney is mtched as required, the State appropriation should become available. The answer to Item 4 of the letter depends upon whether there is a righteof-y aeros the Verde River at the site of the asmed bridge which is prior and pa&aunt in point of right to the right-of-wmy for the reservotr site. As I wderstand, to date no spocifie right-of-way has been required for such an asfhed bridge. Undonbtedly a right to the reservoir site has been so- quIred. If the right to the reservoir site has been sequired, it vndoubtedly would be tapossible to obtain a Gonflicting right- ot-wmy for the assumed bridge. Each is of public, or at least, of semi-public use in the ease of the reservoir aite, an in case of a coatliet, the emparative advantages of each and the comparative diffieulties of one giving way to the other would be weighed. Un- questionably, the reservoir sito would stand as against the attempt to place upon it a right-of-way for the assumed bridge. Yours truly, H. A. ELLIMT, SPECIAL COUNSEL, HAEST ARI7NA STATE HIGHWAY DEPARTMENT. Enal.

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