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KANE COUNTY UTAH v. SALAZAR

Nos. 07-4207, 08-4014.

562 F.3d 1077 (2009)

KANE COUNTY UTAH, a Utah political subdivision; Kane County Board of Commissioners; Garfield County, a Utah political subdivision; Garfield County Board of Commissioners, Plaintiffs-Appellants, and Kane County Water Conservancy District, a Utah Water Conservancy District, Plaintiff, v. Ken SALAZAR, in his official capacity as Secretary of the Interior; United States Department of the Interior; Mike Pool, in his official capacity as Acting Director of the Bureau of Land Management; Bureau of Land Management; Selma Sierra, in her official capacity as the Utah State Director of the Bureau of Land Management; Rene Berkhout, in her official capacity as manager of the Grand Staircase-Escalante National Monument, Defendants-Appellees, National Trust of Historic Preservation; Sierra Club; Southern Utah Wilderness Alliance; The Wilderness Society, Defendants-Intervenors-Appellees, and Trout Unlimited, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 13, 2009.

Attorney(s) appearing for the Case

Shawn T. Welch, (A. John Davis with him on the briefs), Holme, Roberts & Owen, LLP, Salt Lake City, UT, for Plaintiffs-Appellants.

David C. Shilton, (Ronald J. Tenpas, Assistant Attorney General; Thomas K. Snodgrass, Attorney, Environmental and Natural Resources Division; Aaron P. Avila, Attorney, Environmental and Natural Resources Division, with him on the brief), Department of Justice, Washington, D.C., for Defendants-Appellees.

Edward B. Zukoski, (James S. Angell, Earthjustice, Denver, CO,; Heidi McIntosh and Stephen H.M. Bloch, Southern Utah Wilderness Alliance, Salt Lake City, UT, with him on the brief), Earthjustice, Denver, CO, for Defendants-Intervenors-Appellees.

Drew Peternell, Trout Unlimited, filed an amicus brief is support of appellees.

Before HENRY, BRISCOE, and LUCERO, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiffs Kane County, Utah, the Kane County Board of Commissioners, Garfield County, Utah, the Garfield County Board of Commissioners, and the Kane County Water Conservancy District filed suit against the Secretary of the Interior and other federal governmental officials alleging that a management plan adopted by defendants for overseeing the Grand Staircase-Escalante National Monument infringed upon plaintiffs' water rights and certain rights...

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