23G

• Board Meeting Date: 4/30/2004
• Description: 23G
• Board Meetings - Doc Type: Executive Session

Civil Action No. 96 -WY- 2686 -WD
TROUT UNLIMITED, et al.,
Plaintiffs,
vs.
UNITED STATES DEPARTMENT OF AGRICULTURE, et al.,
Defendants,
vs.
ii
IN THE UNITED STATES DISTRICT COURf T
FOR THE DISTRICT OF COLORADO :
I k
ti L
THE WATER SUPPLY AND STORAGE COMPANY, a Colorado nonprofit corporation,
THE CITY OF GREELEY, a Colorado municipal corporation, THE GREELEY WA l'ER AND
SEWER BOARD, THE STATE ENGINEER OF THE STATE OF COLORADO, and THE
COLORADO WATER CONSERVATION BOARD,
Defendant - Intervenors.
ORDER ON COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
This matter comes before the Court on Plaintiffs' Complaint for Declaratory and
Injunctive Relief, Plaintiffs' Motion for Summary Judgment and Defendants' and Defendant -
Intervenors' Affirmative Defenses. The Court, having considered the briefs and materials
submitted in support of the parties' various positions and the opposing parties' respective
oppositions thereto, having heard oral argument of counsel, and being otherwise fully advised,
FINDS and ORDERS as follows:
BACKGROUND
Plaintiffs challenge the Forest Service's approval of a land use authorization (easement)
for Long Draw Reservoir on La Poudre Pass Creek in the mountains west of Fort Collins,