CLAY, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. SUTTON, J. (p. ___), delivered a separate opinion concurring in the judgment.
OPINION
CLAY, Circuit Judge.
The Stokes Creek canal is a channelized stream in western Tennessee. Defendants, the West Tennessee River Basin Authority (the "WTRBA") and the Tennessee Department of Environment and Conservation (collectively the "State"), wish to transform 1.5 miles of this stream...
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