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COLORADO RIVER WATER CONSERVATION v. ANDRUS

Civ. A. No. 78-A-1191.

476 F.Supp. 966 (1979)

COLORADO RIVER WATER CONSERVATION DISTRICT, Southwestern Water Conservation District, Roland C. Fischer, and M. Michelle Balcomb, Plaintiffs, v. Cecil D. ANDRUS, Secretary of the United States Department of the Interior, Lynn A. Greenwalt, Director of the United States Fish and Wildlife Service, United States Fish and Wildlife Service, United States Department of the Interior, Richard D. Lamm, Governor of the State of Colorado, Jack R. Grieb, Director of the Division of Wildlife, Department of Natural Resources, State of Colorado, Wildlife Commission, Department of Natural Resources, State of Colorado, Scott M. Matheson, Governor of the State of Utah, Gordon E. Harmston, Executive Director of the Department of Natural Resources, State of Utah, and Douglas F. Day, Director, Division of Wildlife, State of Utah, Defendants.

United States District Court, D. Colorado.

September 19, 1979.

Attorney(s) appearing for the Case

Delaney & Balcomb by Kenneth Balcomb and Scott M. Balcomb, Glenwood Springs, Colo., and Maynes, Bradford & Duncan by Frank E. Maynes, Durango, Colo., for plaintiffs.

Joseph F. Dolan, U. S. Atty. by Richard Jost, Asst. U. S. Atty., Denver, Colo., and Steven A. Herman, Atty., Dept. of Justice, Washington, D. C., for federal defendants.

J. D. MacFarlane, Atty. Gen. by Lynn D. Obernyer, Asst. Atty. Gen., Natural Resources Section, Denver, Colo., for Colorado defendants.

Robert B. Hansen, Atty. Gen. by Dallin W. Jensen, Richard L. Dewsnup, and Michael M. Quealy, Asst. Attys. Gen., Salt Lake City, Utah, for Utah defendants.

MEMORANDUM OPINION AND ORDER

ARRAJ, District Judge.

Plaintiffs' complaint seeks to obtain a declaration of the duties and obligations of the defendants under the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq. (Act), and to enjoin activities of the defendants which allegedly violate the Act. The complaint alleges that the defendant Secretary of the Interior designated the Colorado River Squawfish...

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