United States Tenth Circuit

In an action by a water users' association seeking a declaration that it had the right to develop power in a certain area, judgment for defendants is affirmed where the district court: 1) properly confined its holding to the federal questions raised by the change applications at issue; and 2) did not err by declining to further declare plaintiff's rights.

Appellate Information

• Decided 08/12/2009
• Published 08/12/2009

Judges

• LUCERO, Circuit Judge., Before KELLY, LUCERO, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Shawn E. Draney (Keith A. Call, Scott H. Martin, and D. Jason Hawkins, with him on the briefs), Snow, Christensen & Martineau, Salt Lake City, UT, for Plaintiff-Appellant.


• For Appellees:
  
• David C. Shilton (Ronald J. Tenpas, Assistant Attorney General;  Christopher B. Rich, Assistant Regional Solicitor, United States Department of the Interior;  Kathryn E. Kovacs and Thomas K. Snodgrass, with him on the briefs), Environment & Natural Resources Division, Department of Justice, Washington, D.C., for Defendant-Appellee United States of America et al., Edwin C. Barnes (Steven E. Clyde with him on the briefs), Clyde Snow Sessions & Swenson, Salt Lake City, UT, for Defendant-Appellee Central Utah Water Conservancy District et al.