RIVERSIDE IRRIGATION DISTRICT, and Public Service Company of Colorado, Plaintiffs,
and
Northern Colorado Water Conservancy District, Colorado Water Congress, National Water Resources Association, Cache La Poudre Water Users Association, Lower South Platte Water Conservancy District, Southwestern Water Conservation District, and State of Colorado, Plaintiff-Intervenors,
v.
Colonel William R. ANDREWS, Jr., in his official capacity as District Engineer of the U.S. Army Corps of Engineers, Omaha District, Defendant,
and
National Wildlife Federation, Defendant-Intervenor.
United States District Court, D. Colorado.https://leagle.com/images/logo.png
July 31, 1983.
July 31, 1983.
Attorney(s) appearing for the Case
James R. McCotter, Timothy J. Flanagan, Kelly, Stansfield & O'Donnell, Denver, Colo., for plaintiffs.
John Hill, Jr., Dept. of Justice, Land & Natural Resources Div., Denver, Colo., Fred R. Disheroon, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Robert N. Miller, U.S. Atty., Richard A. Jost, Asst. U.S. Atty., Denver, Colo., Margot Zallen, Office of Regional Sol., Dept. of Interior, Denver, Colo., Michael Reilly, Asst. Dist. Counsel, Omaha Dist., U.S. Army Corps of Engineers, Omaha, Neb., for defendant Andrews.
Frank E. Maynes, Maynes, Bradford & Shipps, Durango, Colo., for Southwestern Water Conservation Dist.
Donald H. Hamburg, General Counsel, Glenwood Springs, Colo., for Colorado River Water Conserv. Dist.
Ward H. Fischer, James Ringenberg, Fort Collins, Colo., for Cache La Poudre Water Users Ass'n.
Kirk B. Holleyman, Aspen, Colo., for Lower South Platte Water Conservancy Dist.
Wendy Weiss, Asst. Atty. Gen., Denver, Colo., for State of Colo.
John M. Sayre, Gregory J. Hobbs, Jr., Jeffrey C. Fereday, Davis, Graham & Stubbs, Denver, Colo., for Northern Colo. Water Conservancy Dist.
Robert J. Golten, Boulder, Colo., for National Wildlife Federation.
Steven D. Ellis, Mountain States Legal Foundation, Denver, Colo., for Colo. Water Congress and National Water Resources Association.
United States District Court, D. Colorado.
MEMORANDUM OPINION AND ORDER
KANE, District Judge.
This case involves the plaintiffs' construction of an earth-fill dam on Wildcat Creek in Colorado. Wildcat Creek is a tributary of the South Platte River, which is a tributary of the Missouri River, a navigable water of the United States. Because the construction of the dam involves the placement of fill material into a tributary of navigable waters of the United States, § 404 of the Clean Water Act...
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