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CITY & COUNTY OF DENVER, ETC. v. BERGLAND

Civ. A. No. 79-K-611.

517 F.Supp. 155 (1981)

CITY AND COUNTY OF DENVER, acting By and Through its BOARD OF WATER COMMISSIONERS, Plaintiff, and Mountain States Legal Foundation et al., Plaintiffs-Intervenors, v. Robert BERGLAND, Secretary of the United States Department of Agriculture; John R. McGuire, Chief, United States Forest Service; Craig W. Rupp, Regional Forester, Rocky Mountain Region, United States Forest Service; Cecil D. Andrus, Secretary of the Interior; Dale D. Andrus, State Director, Bureau of Land Management of the Department of the Interior; and the United States of America, Defendants, and Sierra Club, American Wilderness Alliance, and the Board of County Commissioners of the County of Grand, Colorado, Defendants-Intervenors.

United States District Court, D. Colorado.

As Amended June 2, 1981.

Attorney(s) appearing for the Case

Wayne D. Williams, Michael L. Walker, Denver, Colo., for plaintiffs.

Joseph F. Dolan, U. S. Atty., Hank Meshorer, Atty., Dept. of Justice, Land and Natural Resources Div., Denver, Colo., for Dept. of Justice, Land & Natural Resources Div.

John R. Little, Regional Sol., Dept. of the Interior, Denver, Colo., Nancy Stanley, Trial Atty., Dept. of Justice, Land and Natural Resources Div., Washington, D. C., Jack E. Hanthorn, Regional Atty., Michael J. Gippert, Dept. of Agriculture, Denver, Colo., for defendants.

H. Anthony Ruckel, Denver, Colo., for Sierra Club.

Kea Bardeen, Denver, Colo., for Mountain States Legal Foundation.

Henry W. Ipsen, Kirkland & Ellis, Denver, Colo., Gerald E. Dahl, Frisco, Colo., for Board of County Com'rs of Grand County.

OPINION

KANE, District Judge.

This is an action arising out of a dispute between the Denver Water Board and the United States Forest Service regarding Denver's right-of-way over national forest lands in the Williams Fork Basin, Arapahoe National Forest. The right-of-way was granted to Denver in 1924 by the federal government pursuant to the Act of 1905, 33 Stat. 628, 16 U.S.C. § 524. Denver had conducted minimal construction on the right-of-way to develop...

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