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SIERRA CLUB v. WATT

No. 80-1674.

659 F.2d 203 (1981)

SIERRA CLUB, a Non-Profit California Corporation, Appellant, v. James WATT, Individually and as Secretary of the Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 1981.

Attorney(s) appearing for the Case

H. Anthony Ruckel, Denver, Colo., with whom Karin P. Sheldon, Washington, D. C., was on the brief for appellant.

Jerry Jackson, Atty., Dept. of Justice, Washington, D. C., for appellees. Sanford Sagalkin, Acting Asst. Atty. Gen., Peter R. Steenland, Jr., Raymond N. Zazone, Margaret M. McMahon, Anne S. Almy and Joshua I. Schwartz, Attys., Dept. of Justice, Washington, D. C., were on the brief for appellees Watt, individually and as Secretary of the Interior, et al.

Maxwell A. Miller, Denver, Colo., with whom James R. Richards, Washington, D. C., was on the brief for appellee Mountain States Legal Foundation.

Before MacKINNON and EDWARDS, Circuit Judges and DAVIES, United States Senior District Judge for the District of North Dakota.

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

The Sierra Club brought this action in the district court seeking a declaration of the extent of federal reserved water rights in four water courses in southern Utah and northern Arizona,1 and to require officials of the Interior Department to assert and protect those rights. The Sierra Club claimed that the water requirements of a number of proposed...

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