The RIVERSIDE IRRIGATION DISTRICT and Public Service Company of Colorado, a Colorado corporation, Plaintiffs-Appellants, Cross-Appellees, and
Northern Colorado Water Conservancy District, Colorado Water Congress, National Water Resources Association, Cache La Poudre Water Users Association, Lower South Platte Water Conservancy District, Colorado River Water Conservation District, and Southwestern Water Conservation District, Plaintiffs-Intervenors-Appellants, Cross-Appellees,
v.
Colonel V. D. STIPO, in his official capacity as District Engineer of the United States Army Corp of Engineers, Omaha District, United States Army Corps of Engineers, Don W. Minnich, in his official capacity as Regional Director of the United States Fish and Wildlife Service, and United States Fish and Wildlife Service, Defendants-Appellees, Cross-Appellants, and
National Wildlife Federation, Defendant-Intervenor-Appellee, Cross-Appellant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Submitted January 27, 1981.
Decided September 2, 1981.
Attorney(s) appearing for the Case
James R. McCotter of Kelly, Stansfield & O'Donnell, Denver, Colo. (Timothy J. Flanagan, Denver, Colo., with him on the brief, Bryant O'Donnell, Executive Vice President and Gen. Counsel, Public Service Company of Colorado, Denver, Colo., of counsel), for plaintiffs-appellants, cross-appellees.
Gregory J. Hobbs, Jr., Denver, Colo. (John M. Sayre, David L. Hiller of Davis, Graham & Stubbs, Denver, Colo., Kenneth Balcomb and Lawrence R. Green of Delaney & Balcomb, Glenwood Springs, Colo., Frank E. Maynes of Maynes, Bradford & Duncan, Durango, Colo., Ward H. Fischer and James Ringenberg of Fischer, Brown, Huddleson & Gunn, Fort Collins, Colo., Kirk B. Holleyman of Ireland, Stapleton & Pryor, Denver, Colo., with him on the brief), for plaintiffs-intervenors-appellants, cross-appellees Northern Colo., Water Conservancy Dist., Cache La Poudre Water Users Ass'n, Lower South Platte Water Conservancy Dist., Colo. River Water Conservation Dist., and Southwestern Water Conservation Dist.
Michael H. Hyer of Mountain States Legal Foundation, Denver, Colo. (James G. Watt and William H. Mellor, III, Denver, Colo., with him on the brief), for plaintiffs-intervenors, appellants, cross-appellees, Colo. Water Congress and National Water Resources Ass'n.
Anne S. Almy, Atty., Dept. of Justice, Washington, D.C. (Angus Macbeth, Acting Asst. Atty. Gen., Washington, D.C., Joseph F. Dolan, U. S. Atty., Richard A. Jost, Asst. U. S. Atty., John R. Hill, Jr., Atty., Dept. of Justice, Denver, Colo., Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C., with her on the brief), for defendants-appellees, cross-appellants.
Robert J. Golten, Counsel, National Wildlife Federation Natural Resource Clinic, Boulder, Colo., for defendant-intervenor-appellee, cross-appellant.
Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
SETH, Chief Judge.
This is an interlocutory appeal. Riverside Irrigation District (Riverside) and the Public Service Company of Colorado (PSC) were plaintiffs below. They are involved in a joint project to construct a dam and reservoir on Wildcat Creek, a tributary of the South Platte River in Morgan County, Colorado. The reservoir is to store water Riverside is entitled to under state law, and Riverside plans to use the stored water as cooling water for PSC's nearby...
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