United States Tenth Circuit
Wagoner Cty. Rural Water Dist. No. 2 v. Grand River Dam Auth., 08-5120
In an action seeking a declaration that plaintiffs possessed certain water rights, dismissal of the action for lack of jurisdiction is affirmed where defendants did not waive immunity from suit and were thus entitled to sovereign immunity under the Eleventh Amendment.
Appellate Information
- Decided 08/24/2009
- Published 08/24/2009
Judges
- TACHA, Circuit Judge., Before TACHA, O'BRIEN, and GORSUCH, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- C. Matthew Bickell (Steven M. Harris, with him on the briefs), Doyle Harris Davis & Haughey, Tulsa, OK, appearing for Appellants.
- For Appellees:
- James M. Reed (John T. Richer, with him on the brief), Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK, appearing for Appellee Grand River Dam Authority., Kathryn E. Kovacs, Attorney, United States Department of Justice, Environmental & Natural Resources Division, Appellate Section, Washington, D.C. (Ronald J. Tenpas, Assistant Attorney General, and Ellen J. Durkee, Attorney, United States Department of Justice, Environmental & Natural Resources Division, Appellate Section, Washington, D.C.; and David E. O'Meilia, United States Attorney, and Cathryn D. McClanahan, Assistant United States Attorney, Office of the United States Attorney for the Northern District of Oklahoma, Tulsa, OK, with her on the brief), appearing for Appellees United States of America, Federal Energy Regulatory Commission, and the United States Army Corps of Engineers.