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TAXPAYERS FOR ANIMAS-LA PLATA v. ANIMAS-LA PLATA

No. 83-2218.

739 F.2d 1472 (1984)

TAXPAYERS FOR THE ANIMAS-LA PLATA REFERENDUM, Jean McCulloch, Thomas McCulloch and Helen Robinson, Plaintiffs-Appellants, v. ANIMAS-LA PLATA WATER CONSERVANCY DISTRICT; and Bob K. Taylor, Arthur Isgar, Victor A. Paulek, Lawrence Huntington, Brice F. Lee, Frank Campana, Edward T. Searle, Frederick Kroeger, Allen J. Murdock, John E. Schmitt, Gilbert Slade, F. Sheldon Slade, Richard M. Dossey, and their Successors, in their official capacities as Directors of the Animas-La Plata Water Conservancy District, Defendants-Appellees, State of Colorado, Defendant-in Intervention, Appellee.

United States Court of Appeals, Tenth Circuit.

July 11, 1984.

Attorney(s) appearing for the Case

Jeffrey G. Pearson, Denver, Colo., for plaintiffs-appellants.

Wendy C. Weiss, Asst. Atty. Gen., Denver, Colo. (Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen. and Richard H. Forman, Sol. Gen., Denver, Colo., with her on the briefs), for defendant-in-intervention, appellee.

Thomas H. Shipps, Durango, Colo. (McDaniel & McDaniel, Durango, Colo., with him on brief) of Maynes, Bradford & Shipps, Durango, Colo., for defendants-appellees.

Richard B. Collins and Don B. Miller, Native American Rights Fund, Boulder, Colo., filed an amicus curiae brief for the Ute Mountain Ute and South Ute Indian Tribes.

John M. Sayre, Gregory J. Hobbs, Jr., and Zach C. Miller, Davis, Graham & Stubbs, Denver, Colo., filed an amicus curiae brief for the Northern Colorado Water Conservancy Dist. and Municipal Subdistrict, Northern Colorado Water Conservancy Dist., Loveland, Colorado.

Before BARRETT, BREITENSTEIN and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

Taxpayers For the Animas La-Plata Referendum, a non-profit citizen's organization, appeals from the district court's dismissal of its cause of action pursuant to a motion by defendant Animas-La Plata Water Conservancy District. This important and unusual appeal involves several constitutional issues which require that the background and facts be set out in some detail to facilitate our review.

In 1937, the Colorado Legislature enacted...

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