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STRAWBERRY WATER USERS ASS'N v. U.S.

No. 07-4172.

576 F.3d 1133 (2009)

STRAWBERRY WATER USERS ASSOCIATION, a Utah nonprofit corporation, Plaintiff-Appellant, v. UNITED STATES of America; Department of Interior; Bureau of Reclamation; Ken Salazar, Secretary of the Interior; Larry Walkoviak, Regional Director, Upper Colorado River Region, Bureau of Reclamation; Ronald Johnston, Program Director, Central Utah Project Completion Office, Department of the Interior; Central Utah Water Conservancy District; Don A. Christiansen, General Manager, Central Utah Water Conservancy District; and Jerry D. Olds, Utah State Engineer, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 12, 2009.

Attorney(s) appearing for the Case

Shawn E. Draney (Keith A. Call, Scott H. Martin, and D. Jason Hawkins, with him on the briefs), Snow, Christensen & Martineau, Salt Lake City, UT, for Plaintiff-Appellant.

David C. Shilton (Ronald J. Tenpas, Assistant Attorney General; Christopher B. Rich, Assistant Regional Solicitor, United States Department of the Interior; Kathryn E. Kovacs and Thomas K. Snodgrass, with him on the briefs), Environment & Natural Resources Division, Department of Justice, Washington, D.C., for Defendant-Appellee United States of America et al.

Edwin C. Barnes (Steven E. Clyde with him on the briefs), Clyde Snow Sessions & Swenson, Salt Lake City, UT, for Defendant-Appellee Central Utah Water Conservancy District et al.

Before KELLY, LUCERO, and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

This case involves the interaction of water and power rights under state and federal law. Although the federal law and contracts at issue stretch back over one hundred years, the dispute before us looks to the future: The Strawberry Water Users Association ("SWUA") seeks a declaration that it has well-defined rights to develop power in the Diamond Fork System of the Central Utah Project ("CUP"). In a well-considered ruling, the district court...

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