Motion for Stay of Proceedings: Case No. 2001CW05

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INTRODUCTION At a case management conference on September 5, 2003, counsel for opposers Environmental Defense, High Country Citizens' Alliance, The Wilderness Society, Western Colorado Congress, Western Slope Environmental Resource Council, and Trout Unlimited (collectively, `Environmental Opposers ") requested that this Court stay the proceedings in this matter pending resolution of a complaint filed with the Federal District Court for the District of Colorado ( "Complaint ") on the same date. Environmental Opposers hereby restate their motion for stay of the proceedings herein until such time as the issues presented in the federal Complaint have been resolved or until such time as this Court determines that the plaintiffs in the Complaint ( "Environmental Plaintiffs")' are not pursuing resolution of those issues with diligence. Given the case - specific facts presented here, issuance of a stay is appropriate and will serve the interest of justice. Specifically, granting the stay requested herein will promote judicial economy, conserve time and effort by the many parties to the present case, and is particularly appropriate in this instance because resolution of the federal issues will simplify and help determine issues to be resolved in the state court proceeding. In addition, Environmental Plaintiffs' rights under federal law could be severely prejudiced if proceedings in this Court continue before resolution of the federal issues. In brief summary, the United States of America (the "Applicant "), acting through the Department of Justice, initiated the instant proceeding on January 17, 2001, by filing its Quantification of Reserved Rights for Black Canyon of the Gunnison National Park in the Form 1 "Environmental Plaintiffs" include the same organizations as "Environmental Opposers" with the exception of Environmental Defense, which has not yet become a party to the federal case. 1