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RIO GRANDE SILVERY MINNOW v. BUREAU OF RECLAMATION

No. 05-2293.

599 F.3d 1165 (2010)

RIO GRANDE SILVERY MINNOW (HYBOGNATHUS AMARUS); Southwestern Willow Flycatcher (Empidonax trailii extimus); Defenders of Wildlife; Forest Guardians; National Audubon Society; New Mexico Audubon Council; Sierra Club; and Southwest Environmental Center, Plaintiffs-Appellees, v. BUREAU OF RECLAMATION, an agency of the United States; Robert L. Van Antwerp, Lt. Gen., Chief Engineer, Army Corps of Engineers; United States Army Corps of Engineers, an agency of the United States; United States of America; Ken Salazar, Secretary, Department of the Interior; Michael L. Connor, Commissioner, Bureau of Reclamation; Larry Walkoviak, Regional Director, Bureau of Reclamation; and Kimberly L. Colloton, Lt. Col., Albuquerque District Engineer, Defendants-Cross-Defendants-Appellees, The Middle Rio Grande Conservancy District, Defendant-Intervenor-Cross-Claimant-Appellant, State of New Mexico; Rio de Chama Acequia Association; City of Albuquerque, Defendants-Intervenors. City of Santa Fe, Intervenor.

United States Court of Appeals, Tenth Circuit.

March 26, 2010.

Attorney(s) appearing for the Case

Charles T. DuMars (Christina J. Bruff and David Seeley with him on the briefs), of Law & Resource Planning Associates, P.C., Albuquerque, NM, for Defendant-Intervenor-Cross-Claimant-Appellant Middle Rio Grande Conservancy District.

Jennifer Scheller Neumann, Attorney, U.S. Department of Justice, Environment & Natural Resources Division, (Ellen S. Durkee and Andrew Smith, Attorneys, U.S. Department of Justice, Environment & Natural Resources Division; Sue Ellen Wooldridge, Assistant Attorney General; Megan Walline, Attorney, Office of the Solicitor, Department of the Interior, with her on the brief), Washington, D.C., for Defendants-Cross-Defendants-Appellees.

Alletta Belin of Belin & Sugarman, Santa Fe, NM (Laurence ("Laird") J. Lucas of Advocates for the West, Boise, ID, with her on the brief), for Plaintiffs-Appellees.

Before HENRY, Chief Judge, BALDOCK and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

The Middle Rio Grande Conservancy District ("MRGCD") challenges a final judgment entered on its cross-claims brought pursuant to the Federal Quiet Title Act of 1972 (the "QTA"), 28 U.S.C. § 2409a, in favor of the Secretary of the Interior Ken Salazar, the Bureau of Reclamation ("BOR"), BOR officials, the United States Army Corps of Engineers ("Corps"), and Corps officials (collectively the "federal appellees"). Specifically, following a...

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