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WAGONER COUNTY RURAL WATER v. GRAND RIVER DAM

No. 08-5120.

577 F.3d 1255 (2009)

WAGONER COUNTY RURAL WATER DISTRICT NO. 2; Wagoner County Rural Water District No. 7; Wagoner County Rural Water District No. 9; Cherokee County Rural Water District No. 11; Peggs Water Company, an Oklahoma Not-For-Profit corporation; Tri-B Nursery, Inc., an Oklahoma corporation, Plaintiffs-Appellants, v. GRAND RIVER DAM AUTHORITY; United States of America; Federal Energy Regulatory Commission; United States Army Corps of Engineers; Oklahoma Water Resources Board; Cherokee Nation of Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 24, 2009.

Attorney(s) appearing for the Case

C. Matthew Bickell (Steven M. Harris, with him on the briefs), Doyle Harris Davis & Haughey, Tulsa, OK, appearing for Appellants.

James M. Reed (John T. Richer, with him on the brief), Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK, appearing for Appellee Grand River Dam Authority.

Kathryn E. Kovacs, Attorney, United States Department of Justice, Environmental & Natural Resources Division, Appellate Section, Washington, D.C. (Ronald J. Tenpas, Assistant Attorney General, and Ellen J. Durkee, Attorney, United States Department of Justice, Environmental & Natural Resources Division, Appellate Section, Washington, D.C.; and David E. O'Meilia, United States Attorney, and Cathryn D. McClanahan, Assistant United States Attorney, Office of the United States Attorney for the Northern District of Oklahoma, Tulsa, OK, with her on the brief), appearing for Appellees United States of America, Federal Energy Regulatory Commission, and the United States Army Corps of Engineers.

Before TACHA, O'BRIEN, and GORSUCH, Circuit Judges.

TACHA, Circuit Judge.

In a dispute over water rights, six plaintiffs—four water districts, a nonprofit corporation, and a private nursery—sued several defendants, including defendants-appellees Grand River Dam Authority ("GRDA"), the United States, and the United States Army Corps of Engineers. The district court dismissed GRDA on Eleventh Amendment immunity grounds and the federal defendants on sovereign immunity grounds. The plaintiffs appeal both...

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