RIVERSIDE IRRIGATION DISTRICT and Public Service Company of Colorado, Plaintiffs-Appellants, and
Cache La Poudre Water Users Association; Northern Colorado Water Conservancy District; Colorado Water Congress; National Water Resources Association, Colorado River Water Conservation District; Southwestern Water Conservation District; Lower South Platte Water Conservation District, and State of Colorado, Plaintiffs-Intervenors-Appellants,
v.
Colonel William R. ANDREWS, Jr., in his official capacity as District Engineer of the U.S. Army Corps of Engineers, Omaha District, Defendant-Appellee, and
National Wildlife Federation, Defendant-Intervenor-Appellee.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
March 26, 1985.
March 26, 1985.
Attorney(s) appearing for the Case
Timothy J. Flanagan, Denver, Colo. (James R. McCotter, Denver, Colo., on brief), Kelly, Stansfield & O'Donnell, Denver, Colo. (Bryant O'Donnell, Denver, Colo., on brief), for plaintiffs-appellants.
Wendy C. Weiss, Asst. Atty. Gen., Denver, Colo. (Duane Woodard, Atty. Gen., Denver, Colo., on brief), for plaintiff-intervenor-appellant State of Colo.
John M. Sayre, Gregory J. Hobbs, Jr., and Jeffrey C. Fereday of Davis, Graham & Stubbs, Denver, Colo., on brief, for plaintiff-intervenor-appellant Northern Colo. Water Conservancy Dist.
Ward H. Fischer, Fort Collins, Colo. (James E. Ringenberg and William R. Fischer, Fort Collins, Colo., on brief), Fischer, Brown, Huddleson & Gunn, Fort Collins, Colo., for plaintiff-intervenor-appellant Cache La Poudre Water Users Ass'n.
Constance E. Brooks, Denver, Colo., on brief, for plaintiffs-intervenors-appellants Colorado Water Congress and Nat. Water Resources Ass'n.
Myles Flint, Dept. of Justice, Washington, D.C. (F. Henry Habicht, II, Asst. Atty. Gen., Fred R. Disheroon, Sp. Litigation Counsel, Peter R. Steenland, Jr., and Anne S. Almy, Dept. of Justice, Washington, D.C., and John R. Hill, Jr., Dept. of Justice, Denver, Colo., on brief), for defendant-appellee Colonel William R. Andrews, Jr.
Jerry L. Jackson, Washington, D.C., for defendant-intervenor-appellee Nat. Wildlife Federation.
Before McKAY and LOGAN, Circuit Judges, and RUSSELL, District Judge.
United States Court of Appeals, Tenth Circuit.
McKAY, Circuit Judge.
The issue in this case is whether the Corps of Engineers exceeded its authority when it denied plaintiffs a nationwide permit for deposit of dredge material for construction of Wildcat Dam and Reservoir. The Corps based its decision on the potential downstream impact on an endangered species due to the resulting increased consumptive use of water.
Plaintiffs seek to build a dam and reservoir...
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