RIO GRANDE SILVERY MINNOW (Hybognathus amarus); Southwestern Willow Flycatcher (Empidonax trailii extimus); Defenders of Wildlife; Forest Guardians; National Audubon Society; New Mexico Audubon Council; Sierra Club; and Southwest Environmental Center, Plaintiffs-Appellees,
v.
BUREAU OF RECLAMATION, an agency of the United States; Robert L. Van Antwerp, Lt. Gen., Chief Engineer, Army Corps of Engineers; United States Army Corps of Engineers, an agency of the United States; United States of America; Ken Salazar, Secretary, Department of the Interior; Michael L. Connor, Commissioner, Bureau of Reclamation; Larry Walkoviak, Regional Director, Bureau of Reclamation; and Kimberly M. Colloton, Lt. Col., Albuquerque District Engineer, Defendants-Appellants,
The Middle Rio Grande Conservancy District; State of New Mexico, Defendants-Intervenors-Appellants,
Albuquerque-Bernalillo County Water Utility Authority, Defendant-Intervenor-Appellee,
Rio De Chama Acequia Association, Defendant-Intervenor,
City of Santa Fe, Intervenor.
State of Arizona; Central Arizona Water Conservation District; Imperial Irrigation District; Metropolitan Water District of Southern California; and Arizona Power Authority, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
April 21, 2010.
April 21, 2010.
Attorney(s) appearing for the Case
Robert J. Lundman, U.S. Department of Justice, Environment & Natural Resources Division (Andrew C. Mergen and Ellen J. Durkee, U.S. Department of Justice, Environment & Natural Resources Division; Sue Ellen Wooldridge, Assistant Attorney General, with him on the brief(s)), Washington, D.C., for Defendants-Appellants.
Frances C. Bassett, Assistant Attorney General, State of New Mexico (Patricia A. Madrid, Attorney General, State of New Mexico; Stephen R. Farris and Karen L. Reed, Assistant Attorneys General, State of New Mexico; Tanya Trujillo, Amy Haas, and Josh Mann, Special Assistant Attorneys General, Office of the State Engineer and the New Mexico Interstate Stream Commission, with her on the brief(s)), Santa Fe, NM, for the Defendant-Intervenor-Appellant State of New Mexico.
Charles T. DuMars (Christina J. Bruff, David Seeley, and Stephen Curtice with him on the brief(s)), Law & Resource Planning Associates, P.C., Albuquerque, NM, for Defendant-Intervenor-Appellant Middle Rio Grande Conservancy District.
Alletta Belin, Belin & Sugarman, Santa Fe, NM (Laurence ("Laird") J. Lucas, Advocates for the West, Boise, ID, with her on the brief), for Plaintiffs-Appellees.
Maria O'Brien (Adam H. Greenwood with her on the brief), Albuquerque-Bernalillo County Water Utility Authority, Albuquerque, NM, for Defendant-Intervenor-Appellee Albuquerque-Bernalillo County Water Utility Authority.
Virginia S. Albrecht and Karma B. Brown, Hunton & Williams, LLP, Washington, D.C.; Kathy Robb, Hunton & Williams, LLP, New York, NY; W. Patrick Schiffer, Chief Counsel, Arizona Department of Water Resources, and Gregg A. Houtz, Deputy Counsel, Arizona Department of Water Resources, Phoenix, AZ, as Amici Curiae in support of Appellants.
Before HENRY, Chief Judge, BALDOCK and HOLMES, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HOLMES, Circuit Judge.
This case involves one battle in a prolonged war over a finite and elemental resource—Rio Grande water. The needs of the plants and animals that depend upon this water for survival are in tension with the needs of the human inhabitants of the Middle Rio Grande Valley (the "Valley") who depend upon the water for daily living and commercial and agricultural activities. Alleging that the Bureau of Reclamation ("Reclamation") failed to properly...
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