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STATE OF UTAH v. ANDRUS

No. 79-1697.

636 F.2d 276 (1980)

The STATE OF UTAH and The Central Utah Water Conservancy District, Plaintiffs-Appellants, v. Cecil D. ANDRUS, Secretary of the United States Department of the Interior, and R. Keith Higginson, Commissioner, Bureau of Reclamation, U. S. Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided December 1, 1980.

Attorney(s) appearing for the Case

Robert B. Hansen, Utah Atty. Gen., Dallin W. Jensen and Richard L. Dewsnup, Asst. Attys. Gen., Salt Lake City, Utah, for plaintiff-appellant State of Utah.

Edward W. Clyde, Salt Lake City, Utah, for plaintiff-appellant The Central Utah Water Conservancy Dist.

James W. Moorman, Asst. Atty. Gen., Washington, D. C., Ronald L. Rencher, U. S. Atty., Wallace T. Boyack, Asst. U. S. Atty., Salt Lake City, Utah, Jacques B. Gelin and Robert L. Klarquist, Dept. of Justice, Washington, D. C., for defendants-appellees.

Before McWILLIAMS, DOYLE and McKAY, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

Nature of Proceeding

This is an appeal from an adverse judgment against the appellants The State of Utah and The Central Utah Water Conservancy District. The appellants claim an interest in the waters of the Colorado River which they intend to put to beneficial use through the Central Utah Water Project. The action in the district court sought a declaratory judgment finding that the National Environmental Policy Act...

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