SIERRA CLUB, a nonprofit California corporation, Plaintiff-Appellee,
v.
Clayton K. YEUTTER, in his official capacity as Secretary of Agriculture; Max Peterson, in his official capacity as Chief of the Forest Service, Defendants-Appellants,
Mountain States Legal Foundation, a nonprofit Colorado corporation, on behalf of named and unnamed members; Colorado Cattlemen's Association, a nonprofit Colorado corporation; Colorado Farm Bureau, a nonprofit Colorado corporation; National Cattlemen's Association, a nonprofit Colorado corporation; Colo. Water Congress; Colorado Water Conservation Board; The City and County of Denver, acting By and Through its Board of Water Commissioners, Defendants-Intervenors-Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
August 10, 1990.
August 10, 1990.
Attorney(s) appearing for the Case
Lori Potter, Sierra Club Legal Defense Fund, Denver, Colo., for plaintiff-appellee Sierra Club.
Robert L. Klarquist, Atty., (Peter R. Steenland, Jr., Edward J. Shawaker, Attys., Land and Natural Resources Div.), Donald A. Carr, Acting Asst. Atty. Gen., Washington, D.C., Michael J. Norton, U.S. Atty., John R. Hill, Jr., Atty., Land and Natural Resources, Denver, Colo., and Stuart L. Shelton, Office of General Counsel, Dept. of Agr., Washington, D.C., for defendants-appellants Yeutter and Peterson.
Lois Witte, Deputy Atty. Gen., Natural Resource Section, Denver, Colo., for defendant-intervenor-appellant Colorado Water Conservation Bd.
Gregory J. Hobbs, Jr., Donna Melson Arthur & Bennett W. Raley, of Davis, Graham & Stubbs, Denver, Colo., for defendant-intervenor-appellant Colorado Water Congress.
Wayne D. Williams, Michael L. Walker & Henry C. Teigen, Counsel for City and County of Denver, acting by and through its Bd. of Water Com'rs, Denver Colo., for defendant-intervenor-appellant City and County of Denver.
Eric Twelker, Mountain States Legal Foundation, Denver, Colo., for defendants-intervenors-appellants Mountain States Legal Foundation, Colorado Cattlemen's Ass'n, Colorado Farm Bureau, and Nat. Cattlemen's Ass'n.
Christopher H. Meyer, Nat. Wildlife Federation, Boulder, Colo., for amici curiae Nat. Wildlife Federation, American Rivers, American Wilderness Alliance, Colorado Environmental Coalition, Colorado Wildlife Federation, Nat. Audubon Society, Nat. Parks and Conservation Ass'n; Southern Utah Wilderness Alliance, Trout Unlimited, and The Wilderness Society.
Kathryn A. Oberly & Kerry Edwards Cormier (John J. Rademacher, General Counsel, and Michael J. Stientjes, Asst. Counsel, American Farm Bureau Federation, Park Ridge, Ill., with them on the brief), of Mayer Brown & Platt, Washington, D.C., for amicus curiae American Farm Bureau Federation.
Before LOGAN and TACHA, Circuit Judges, and THEIS, Senior District Judge.
United States Court of Appeals, Tenth Circuit.
TACHA, Circuit Judge.
This is an appeal from the order of the United States District Court for the District of Colorado granting the Sierra Club's request for a declaratory judgment that the Wilderness Act of 1964, Pub.L. No. 88-577, 78 Stat. 890 (codified at 16 U.S.C. §§ 1131-1136), creates federal reserved water rights in all twenty-four wilderness areas administered by the United States Forest Service ("Forest Service"). Secretary of Agriculture Yeutter...
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