UNCOMPAHGRE VALLEY WATER USERS ASS'N v. F.E.R.C.

No. 84-1803.

785 F.2d 269 (1986)

UNCOMPAHGRE VALLEY WATER USERS ASSOCIATION and Montrose Partners, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Department of the Interior, Amicus Curiae. Town of Norwood, Intervenor.

United States Court of Appeals, Tenth Circuit.

March 5, 1986.


Attorney(s) appearing for the Case

W. Harrison Wellford, Wellford, Wegman, Krulwich, Gold & Hoff, Washington, D.C. (John L. Sachs with him, on brief), for petitioners.

Joshua Z. Rokach, Atty., F.E.R.C., Washington, D.C. (William H. Satterfield, General Counsel, Jerome M. Feit, Solicitor, and Bonnie C. Cord, Atty., F.E.R.C., Washington, D.C., on brief), for respondent.

F. Henry Habicht II, Asst. Atty. Gen.; Robert L. Klarquist and Arthur E. Gowran, Attys., U.S. Dept. of Justice, Washington, D.C.; and Gary J. Fisher and Wayne M. Whitlock, U.S. Dept. of the Interior, Washington, D.C., of counsel, on brief for amicus curiae the U.S.

Mark Silversher, Atty., Telluride, Colo., on brief, for intervenor, The Town of Norwood.

Before McKAY, MOORE, Circuit Judges, and BROWN, Senior District Judge.


WESLEY E. BROWN, Senior District Judge.

This controversy emanates from three administrative orders issued by the Federal Energy Regulatory Commission ("FERC or Commission"), dismissing the applications for license filed by petitioners Uncompahgre Valley Water Users Association ("UVWUA") and Montrose Partners to develop six small-scale hydroelectric power projects along the South and the Montrose and Delta Canals of the Uncompahgre Valley Water System in Montrose County...

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