STATE v. U.S.

No. 11-CV-691 JP/WDS.

STATE OF NEW MEXICO, Plaintiff, v. UNITED STATES OF AMERICA; KENNETH L. SALAZAR, Secretary of the Department of the Interior; MICHAEL L. CONNOR, Commissioner of the Bureau of Reclamation; FILIBERTO CORTEZ, Manager of the El Paso Field Division of the Bureau of Reclamation in El Paso; UNITED STATES BUREAU OF RECLAMATION; and the UNITED STATES DEPARTMENT OF THE INTERIOR, THE ELEPHANT BUTTE IRRIGATION DISTRICT, and THE EL PASO COUNTY WATER IMPROVEMENT DISTRICT Defendants.

United States District Court, D. New Mexico.

February 17, 2012.


Attorney(s) appearing for the Case

State of New Mexico, Plaintiff, represented by Stephen R. Farris, Attorney General of New Mexico, Bennett W. Raley, Trout Raley Montano Witwer & Freeman, PC, Martha C. Franks, Abramowitz & Franks, Peggy E Montano, Trout, Raley Montano Witwer & Feeman PC & Sarah Bond, New Mexico Attorney General's Office.

City of Las Cruces, Intervenor Plaintiff, represented by Jay F Stein, Stein & Brockmann, PA.

United States of America, Defendant, represented by R Lee Leininger, United States Department of Justice & Ruth Fuess Keegan, U.S. Attorney's Office.

Kenneth L. Salazar, Secretary of the Department of Interior, in his official capacity, Defendant, represented by R Lee Leininger, United States Department of Justice.

Michael L. Connor, Commissioner of the Bureau of Reclamation, in his official capacity, Defendant, represented by R Lee Leininger, United States Department of Justice.

Filiberto Cortez, Manager of the El Paso Field Division of the Bureau of Reclamation in El Paso, Texas, in his official capacity, Defendant, represented by R Lee Leininger, United States Department of Justice.

U.S. Bureau of Reclamation, a federal agency, Defendant, represented by R Lee Leininger, United States Department of Justice.

U.S. Department of Interior, a federal agency, Defendant, represented by R Lee Leininger, United States Department of Justice.

Elephant Butte Irrigation District, Defendant, represented by Samantha R. Barncastle, Law Office of Steven L. Hernandez, PC & Steven L. Hernandez.

El Paso County Water Improvement District No. 1, Defendant, represented by James M. Speer, Jr. & Sarah M Stevenson, Modrall, Sperling, Roehl, Harris & Sisk, PA.


MEMORANDUM OPINION AND ORDER GRANTING THE CITY OF LAS CRUCES' MOTION TO INTERVENE

JAMES A. PARKER, Senior District Judge.

Plaintiff State of New Mexico (Plaintiff or State) asks for a declaratory judgment that the United States Department of the Interior, Secretary Kenneth Salazar, and the Bureau of Reclamation (BOR), acting through its Manager of the El Paso Field Division Filiberto Cortez (together United States), has no authority to release or reduce...

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