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>:. <br />cause of action arose, as well as the judicial district where <br />a defendant resides. 28 U.S.C. 01391(e)(2)(1). <br />IV. GENERAL FACTUAL ALLEGATIONS <br />8. Defendant Rupp, in his official capacity as <br />Regional Forester for the Rocky Mountain Region, on or about <br />December 8, 1981, issued a Record of Decision (hereafter the <br />"Decision ") as to the special use permit application of the <br />CBPU pursuant to the ;`rational Environmental Policy Act, <br />43 U.S.C. 04321 et sea. (hereafter "NEPA ") and the Federal <br />Land Policy and Management Act. 43 U.S.C. 51701 et seq. <br />(hereafter "FLPSiA "). The Decision, a copy of which is annexed <br />hereto as Exhibit "A," authorized the CBPU to construct and <br />ooerate their Stage II project upon the fulfillment of certain <br />conditions (specified in the Decision). Plaintiffs brought an <br />administrative appeal of the Decision pursuant to the <br />applicable united States Forest Service regulations, 36 C.F.R. <br />0211.19. The Def endant Peterson, in his capacity as Chief of <br />the Forest Service, affirmed the Decision on or about July 14, <br />1982, in a decision on the merits (the " Affirming <br />Decision "). (Defendant Peterson's Affirming Decision is <br />annexed :hereto as Exhibit "B.)" The agency action was final, <br />and therefore ripe for judicial review on July 26, 1982, after <br />the ten days allowed for discretionary review by the Defendant <br />Secretary o Agriculture. 36 C.F.R. 211.19(j)(2). <br />9. On July 26, 1982, Defendant Rupp issued an easement <br />pursuant to the Decision, allowing the CBPU to begin <br />construction of its Stage II transbasin water diversion on <br />'rational Forest land within the Rocky ,Mountain Region. <br />10. The CBPU, a :municipal utility that sells water to <br />residents o` the City of Cheyenne, Wyoming, holds a Forest <br />Service s :o cial use perlmit to construct and operate a project <br />(hereafter "Stage I ") on Forest lands, completed in the mid- <br />1960's, inter alia, to collect and divert approximately 7,500 <br />acre feet of :cater from the headwaters of the North Fork of <br />-4- <br />