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ELEPHANT BUTTE IRR. DIST. v. DEPARTMENT OF INTERIOR

No. 97-2188.

160 F.3d 602 (1998)

ELEPHANT BUTTE IRRIGATION DISTRICT OF NEW MEXICO; El Paso County Water Improvement, District No. 1 of Texas, Plaintiffs-Appellees, v. DEPARTMENT OF THE INTERIOR; Manuel Lujan, Secretary of the Interior; Dennis Underwood, Commissioner of Reclamation, Defendants, and Anita Lockwood, Secretary of the State of New Mexico; Gary Johnson, Governor of the State of New Mexico, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 6, 1998.

Attorney(s) appearing for the Case

Herman E. Ortiz (Lee E. Peters, Hubert & Hernandez, P.A., Las Cruces, New Mexico, and James M. Speer, Jr., Attorney at Law, El Paso, Texas, with him on the brief) of Hubert & Hernandez, P.A., Las Cruces, New Mexico, for Plaintiffs-Appellees.

Christopher D. Coppin (Tom Udall, Attorney General, and Marilyn S. Hebert, Special Assistant Attorney General, Santa Fe, New Mexico, with him on the briefs), Assistant Attorney General, Albuquerque, New Mexico, for Defendants-Appellants.

Before BRORBY, McWILLIAMS and HENRY, Circuit Judges.

BRORBY, Circuit Judge.

Introduction

This case involves Eleventh Amendment state sovereign immunity and the doctrine of Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908), as applied to state officials accused of a continuing violation of federal law. Plaintiffs, Elephant Butte Irrigation District of New Mexico and El Paso County Water Improvement District (collectively "Irrigation and Improvement Districts...

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