UNITED STATES v. NORTHERN COLORADO WATER CONSERVANCY DISTRICT

No. 78-1378.

608 F.2d 422 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. NORTHERN COLORADO WATER CONSERVANCY DISTRICT et al., Defendants-Appellees, and City and County of Denver, a Municipal Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided October 29, 1979.


Attorney(s) appearing for the Case

Glenn G. Saunders, Denver, Colo. (John M. Dickson, Denver, Colo., with him on brief), of Saunders, Snyder, Ross & Dickson, P. C., Denver, Colo. (Wayne D. Williams and Michael L. Walker, Denver, Colo., with him on brief) for defendant-appellant City and County of Denver.

John R. Little, Jr., Regional Sol., Dept. of the Interior, Denver, Colo. (Ralph O. Canaday, Atty., Dept. of the Interior, Denver, Colo., James W. Moorman, Asst. Atty. Gen., Washington, D.C., Joseph F. Dolah, U. S. Atty., Jerre W. Dixon, Asst. U. S. Atty., Denver, Colo. and Robert L. Klarquist, Hank Meshorer, John J. Zimmerman, Attys., Dept. of Justice, Washington, D.C., Hank Meshorer, Senior Trial Atty., Dept. of Justice, Denver, Colo., with him on brief), for plaintiff-appellee United States of America.

Donald E. Phillipson, Denver, Colo. (John M. Sayre, Denver, Colo., with him on brief) of Davis, Graham & Stubbs, Denver, Colo., for defendant-appellee Northern Colorado Water Conservancy District.

Kenneth Balcomb, Glenwood Springs, Colo. (Scott Balcomb, Glenwood Springs, Colo., with him on brief) of Delaney & Balcomb, Glenwood Springs, Colo., for defendant-appellee Colorado River Water Conservation District.

Stanley W. Cazier of Baker & Cazier, Granby, Colo., on brief, for defendant-appellee Middle Park Water Conservancy District.

William H. Nelson and Frederick G. Aldrich, of Nelson, Hoskin, Groves & Prinster, Grand Junction, Colo., on brief, for defendant-appellee Grand Valley Irrigation Company.

Before McWILLIAMS, BARRETT and LOGAN, Circuit Judges.


BARRETT, Circuit Judge.

Denver appeals from a memorandum opinion and order whereby the United States' motion to compel Denver to release 28,622 acre feet of water to Green Mountain Reservoir was granted, and Denver's Motion for Declaratory Judgment seeking a judgment "declaring that Denver has a right to require the United States to refrain from the use of Green Mountain Reservoir or the water stored therein or the demands on the Blue River created thereby for the...

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