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UTE DISTRIBUTION v. SECRETARY OF INTERIOR OF U.S.

No. 08-4147.

584 F.3d 1275 (2009)

UTE DISTRIBUTION CORPORATION, Plaintiff-Appellant, Red Rock Corporation, a Utah corporation, Plaintiff-Intervenor, v. SECRETARY OF the INTERIOR OF the UNITED STATES, in his official capacity; UTE Indian Tribe, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 19, 2009.

Attorney(s) appearing for the Case

Shawn E. Draney, (Max D. Wheeler, Camille N. Johnson, and Judith D. Wolferts with him on the briefs), of Snow, Christensen & Martineau, Salt Lake City, UT, for Plaintiff-Appellant.

Katherine J. Barton, United States Department of Justice, Environment and Natural Resource Division, Washington, D.C. (John C. Cruden, Acting Assistant Attorney General; John K. Mangum, Assistant United States Attorney, Salt Lake, UT; Elizabeth A. Peterson, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C.; Jason Hartz, Office of the Solicitor, United States Department of the Interior, Washington, D.C., of counsel, with her on the brief), for Defendant-Appellee Secretary of the Interior.

Tod J. Smith of Whiteing & Smith, Boulder, CO, for Defendant-Appellee Ute Indian Tribe.

Before HENRY, Chief Circuit Judge, BRISCOE, and LUCERO, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff Ute Distribution Corporation (UDC) appeals from a decision of the district court denying UDC's claim for a declaration that the Secretary's implementation of the 1954 Ute Partition and Termination Act, 25 U.S.C. §§ 677 et seq., did not provide for an equitable and practicable division and distribution of water rights between the "mixed-blood" and "full-blood" members of the Ute Indian Tribe, and that, consequently, such...

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