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GRINDSTONE BUTTE PROJECT v. KLEPPE

No. 78-1134.

638 F.2d 100 (1981)

GRINDSTONE BUTTE PROJECT, a tenancy in common, et al., Plaintiffs-Appellees, v. Thomas S. KLEPPE, Secretary of the Interior, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 30, 1981.

Rehearing and Rehearing Denied April 1, 1981.

Attorney(s) appearing for the Case

Jacques B. Gelin, Washington, D. C., argued for defendants-appellants; M. Karl Shurtliff, Boise, Idaho, on brief.

W. F. Ringert, Anderson, Kaufman, Anderson & Ringert, Boise, Idaho, for plaintiffs-appellees.

Before SKELTON, Judge, FARRIS and PREGERSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 1, 1981.

PREGERSON, Circuit Judge:

This is an appeal from a summary judgment holding that the Secretary of the Interior lacked authority to impose terms and conditions, primarily designed to protect the environment, upon irrigation rights-of-way granted over federal lands under the Act of March 3, 1891, 43 U.S.C. §§ 946-949 (1891 Act). We reverse.

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