United States Tenth Circuit

In an appeal from the district court's denial of a prospective intervenor's motion to intervene in a water rights dispute, the order is vacated with instructions to dismiss the motion where a proposed intervenor could not establish standing, and thus federal court jurisdiction over its motion to intervene, by "piggybacking" on the standing of an existing party to a lawsuit over which the district court had retained jurisdiction but within which there was no current, active dispute among the parties.

Appellate Information

• Decided 11/25/2009
• Published 11/25/2009

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brian Nazarenus (Olivia D. Lucas with him on the briefs), Ryley Carlock & Applewhite, Denver, CO, for Appellant.


• For Appellees:
  
• Bennett Raley (Mary M. Hammond and William A. Paddock, Carlson, Hammond & Paddock, LLC, Denver, CO;  Patricia L. Wells, Michael L. Walker, Casey S. Funk, and Jeffrey F. Davis, City and County of Denver, acting by and through its Board of Water Commissioners;  Robert V. Trout and Peggy E. Montaño, Trout, Raley, Montaño, Witwer & Freeman, P.C., Denver, CO, with him on the brief), Trout, Raley, Montaño, Witwer & Freeman, P.C., Denver, CO, for Appellees.