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<br />e <br /> <br />000284 <br /> <br />e <br /> <br />9. Pursuant to Senate Document 80, the Blue River Decree, and the Administrative <br />Procedure Act, the Court should issue an order requiring Reclamation to operate <br />Green Mountain Reservoir in a manner consistent with the declarations in the <br />preceding paragraphs. <br /> <br />THIRD CLAIM FOR RELIEF <br />(Anticipatory Repudiation Of Senate Document 80 <br />And The Blue River Decree By Reclamation) <br /> <br />10. Petitioners incorporate by reference all preceding paragraphs. <br /> <br />11. Reclamation has stated its intention not to operate the C-BT Project in <br />conformance with Senate Document 80 and the Blue River Decree because it <br />intends to withhold compensatory pool water in the Green Mountain Reservoir <br />and to not deliver such water to Petitioners, notwithstanding their need for and <br />entitlement to the same. <br /> <br />12. Reclamation has indicated that it intends to reduce the usable storage capacity <br />available to the West Slope in 2003 because of the Heeney Slide Restriction. <br />Further causes for operational restrictions on the usable capacity of Green <br />Mountain Reservoir can reasonably be anticipated. Reclamation's stated <br />position of allocating any shortages in storage capacity caused by operational <br />restrictions entirely to the West Slope is reasonably anticipated to cause further <br />reductions in the available capacity of the 100,000 acre foot compensatory <br />storage pool in the future. <br /> <br />13. Reclamation's refusal to release the full amount of compensatory pool water <br />physically present in Green Mountain Reservoir in 2003 and subsequent years <br />will injure the interests of the River District and its constituents and inhabitants, <br />including the other Petitioners. <br /> <br />14. The injury to Petitioners and those they represent will be immediate, severe, <br />direct, and continuing, will be irreparable, and has no adequate remedy at law in <br />damages. <br /> <br />FOURTH CLAIM FOR RELIEF <br />(Violation Of Senate Document 80 (50 Stat. 595) <br />And The Administrative Procedure Act <br />By Reclamation (5 U.S.C. ~ 706(2)) <br /> <br />15. Petitioners incorporate by reference all preceding paragraphs. <br /> <br />16. Reclamation's operation of the C-BT Project in the manner described in this <br />Petition constitutes agency action which is arbitrary, capricious, an abuse of <br />discretion, and in excess of Reclamation's statutory jurisdiction and authority <br />under the Blue River Decree, pursuant to the Administrative Procedure Act, 5 <br />U.S .C. ~ 706(2)(A), (C). <br /> <br />14 <br />