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ELEPHANT BUTTE IRR. DIST. v. U.S. DEPT. OF INT.

No. 06-2282.

538 F.3d 1299 (2008)

ELEPHANT BUTTE IRRIGATION DISTRICT OF NEW MEXICO, and El Paso County Water Improvement District No. 1, of Texas, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF THE INTERIOR; Dirk Kempthorne, Secretary of the Interior; William E. Rinne, Acting Commissioner of Reclamation; Rick Gold, Regional Director of the Bureau of Reclamation, Anita Lockwood, Secretary of the State of New Mexico; and Garrey Carruthers, Governor of the State of New Mexico, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 24, 2008.

Attorney(s) appearing for the Case

Steven Hernandez, Lee E. Peters, Beverly J. Singleman, Hubert & Hernandez, Las Cruces, NM, Timothy J. Deyoung, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, NM, James M. Speer, Jr., United States Department of the Interior, El Paso, TX, for Plaintiffs-Appellants.

John A. Bryson, Kathryn E. Kovacs, United States Department of Justice, Washington, DC, John W. Zavitz, Office of the United States Attorney, Christopher D. Coppin, Assistant Attorney General, Office of the Attorney General, Albuquerque, NM, Edward J. Apodaca, NM Energy, Minerals and Natural Resources Dept., Santa Fe, NM, for Defendants-Appellees.

Before KELLY, SEYMOUR, and MURPHY, Circuit Judges.

SEYMOUR, Circuit Judge.

Plaintiffs Elephant Butte Irrigation District of New Mexico and El Paso County Water Improvement District No. 1 of Texas (collectively the Districts) appeal the district court's final judgment on the only remaining count in this case, Count II of the complaint. On a summary judgment motion, the court held in favor of defendants, the United States Department of the Interior and various federal officials (collectively DOI). For the reasons explained...

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