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JICARILLA APACHE TRIBE v. UNITED STATES

Nos. 80-1704, 80-1705 and 80-1759.

657 F.2d 1126 (1981)

JICARILLA APACHE TRIBE, Plaintiff-Appellee, v. UNITED STATES of America, Cecil Andrus, Secretary of the Interior of the United States of America, and City of Albuquerque, New Mexico, and State of New Mexico ex rel., Interstate Stream Commission, Intervenors-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided July 29, 1981.

Attorney(s) appearing for the Case

Martin Green, Dept. of Justice, Washington, D. C. (Richard A. Simms and V. Henry Rothschild, Sp. Asst. Attys. Gen., Santa Fe, N. M., for intervenor-appellant State of N. M., Malcolm W. deVesty and Barbara Stephenson, Asst. City Attys., Albuquerque, N. M., for intervenor-appellant City of Albuquerque, with him on the brief), for defendants-appellants and intervenors-appellants.

Robert J. Nordhaus and Lester K. Taylor, Nordhaus, Haltom & Taylor, Albuquerque, N. M., for plaintiff-appellee.

Before DOYLE and SEYMOUR, Circuit Judges, and BOHANON, District Judge.

WILLIAM E. DOYLE, Circuit Judge.

This action was originally filed by the Jicarilla Apache Tribe in the year 1975. The object of the suit was to obtain a general adjudication of water rights on the Navajo River and its tributaries in the State of New Mexico. The tribe also sought an injunction prohibiting alleged illegal diversions on the Navajo River by the Secretary of the Interior pursuant to the San Juan-Chama Project Act, 43 U.S.C. 615 et seq. (1976).<...

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