GOSHEN IRRIGATION DIST. v. PATHFINDER IRRIGATION

No. 89-CV-161-J.

62 F.Supp.2d 1218 (1999)

GOSHEN IRRIGATION DISTRICT, a Wyoming Irrigation District, Plaintiff, v. PATHFINDER IRRIGATION DISTRICT, a Nebraska Irrigation District; Gering and Fort Laramie Irrigation District, a Nebraska Irrigation District; and Northport Irrigation District, a Nebraska Irrigation District, Plaintiff-Intervenors. v. United States of America; U.S. Department of Interior; U.S. Bureau of Reclamation; Manuel Lujan, Jr., Secretary of the Interior; C. Dale Duvall, Commissioner of Reclamation; and Kenneth C. Randolph, Acting Project Manager, North Platte River Projects Office, U.S. Bureau of Reclamation, Defendants, Farmers Irrigation District, a public Corp.; Gering Irrigation District, a public Corp.; Chimney Rock Irrigation District, a public Corp.; and Lingle Water Users Association, a public Corp., Defendants-Intervenors.

United States District Court, D. Wyoming.

June 24, 1999.


Attorney(s) appearing for the Case

Kim D. Cannon, Davis & Cannon, Sheridan, WY, Kate M. Fox, Davis & Cannon, Cheyenne, WY, for Goshen Irrigation District, a Wyoming Irrigation District, plaintiff.

John A. Sundahl, Sundahl Powers Kapp & Martin, Cheyenne, WY, Steven C. Smith, Van Steenberg Chaloupka Mullin, Holyoke Pahlke Smith, Scottsbluff, NE, for Pathfinder Irrigation District, a Nebraska Irrigation Dist., Gering and Fort Laramie Irrigation Dist., Northport Irrigation Dist., intervenors.

Clark G. Nichols, Nichols Douglas & Kelly, Scottsbluff, NE, Kermit C. Brown, Brown Nagel Waters & Hiser, Rawlins, WY, for Farmers Irrigation District, a Public Corporation, Gering Irrigation Dist., Chimney Rock Irrigation Dist., intervenors.

Keith G. Kautz, Sawyer & Warren, Torrington, WY, Brian B. Wells, Sigler and Smith Law Office, Torrington, WY, for Lingle Water Users Association, intervenor.

Carol A. Statkus, Asst. U.S. Atty., U.S. Attorney's Office, Cheyenne, WY, Vincent J. Horn, Jr., Littleton, CO, for United States of America, United States Department of Interior, Bureau of Reclamation, Manual Lujan, Jr., C. Dale Duvall, defendants.

Donald Mark Gerstein, Wyoming Attorney General, Cheyenne, WY, for State of Wyoming, amicus.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

ALAN B. JOHNSON, Chief Judge.

I

Water is the life-blood of Wyoming and Nebraska, arid Western states. Consequently, they, like the rest of the West, were transformed by the Bureau of Reclamation's epic water storage projects. The question raised in this case is whether the irrigation districts of the Bureau's North Platte River Project have priority to the use of water stored in Pathfinder Reservoir...

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