ORDER
JORGENSON, District Judge.
Pending before the Court are the parties' Motions for Summary Judgment [Docs. # 63, # 77]. Both parties have filed responses in opposition and replies to the respective motions. Oral argument was held on February 29, 2008. For the following reasons, Defendants' Motion for Summary Judgment is granted.
I. Background1
The San Pedro River is one of the last free-flowing rivers...
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