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ELEPHANT BUTTE IRRIGATION v. DEPT. OF INTERIOR

Nos. 99-2291, 99-2295.

269 F.3d 1158 (2001)

ELEPHANT BUTTE IRRIGATION DISTRICT OF NEW MEXICO; El Paso County Water Improvement District No. 1 of Texas, Plaintiff-Appellees and Cross-Appellants, v. UNITED STATES DEPARTMENT OF INTERIOR; Gale A. Norton, Secretary of the Interior; John W. Keys, III, Commissioner of Reclamation; Rick L. Gold, Regional Director of Reclamation, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

October 25, 2001.

Attorney(s) appearing for the Case

Kathryn E. Kovacs, Attorney, United States Department of Justice, Washington, DC (John W. Zavitz, Assistant U.S. Attorney, Albuquerque, New Mexico, Chris Rich, Attorney, U.S. Department of the Interior, Salt Lake City, Utah, Lois Schiffer, Assistant Attorney General, Peter Coppelman, Acting Assistant Attorney General, John A. Bryson and R. Lee Leininger, Attorneys, United States Department of Justice, Washington, D.C., with her on the briefs), for Defendants-Appellants and Cross-Appellees.

Herman E. Ortiz and Lee Peters, of Hubert & Hernandez, P.A., Las Cruces, New Mexico (James M. Speer, Jr., El Paso, Texsas, with them on the briefs), for Plaintiffs-Appellees and Cross-Appellants.

Before SEYMOUR, Circuit Judge, PORFILIO, Senior Circuit Judge, and JENKINS, Senior District Judge.

SEYMOUR, Circuit Judge.

The United States Department of the Interior and various federal officials (DOI), appeal the district court's grant of summary judgment to plaintiffs Elephant Butte Irrigation District of New Mexico and El Paso County Water Improvement District No. 1 of Texas (the water districts) on Count I of the water districts' complaint. The water districts cross-appeal the grant of summary judgment to DOI on Count VI of the complaint. For the reasons...

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