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33. Defendants have not found, and reasonably cannot <br />find, that the issuance of the occupancy documents is <br />necessary for the CBPU to increase their water supplies. <br />34. A variety of other water supplies exist from which <br />the CBPU could satisfy their alleged need for increased water <br />supply without constructing the project as authorized by the <br />Defendants. Groundwater supplies in the Casper aquifer, near <br />Cheyenne, are available at a comparable cost to the CBPU and <br />its customers. Agricultural water is available in the North <br />Platte River Valley and, indeed, within 20 miles of Cheyenne <br />at far less cost both in terms of eliminating the irreparable <br />damage to the environment and in terms of lower cost to the <br />CBPU. <br />35. The CBPU, in fact, deliberately chose to ignore <br />financial assistance for the development of nearby groundwater <br />supply offered to it by the State of Wyoming. Instead, it has <br />insisted on destroying unnecessarily the wildlife habitat, <br />wilderness values, fisheries, and plant communities that <br />provide valuable recreational and aesthetic opportunities to <br />the public on the public domain. <br />36. Defendant Rupp is proceeding in violation of FLPHA <br />by proposing to issue special use authorizations to the <br />CBPU. The violations include: <br />(a) authorizing the uses pursuant to FLPMA, absent <br />the required determination that the authorization will do no <br />unnecessary damage to the environment, 43 U.S.C. §17064(a); <br />(b) authorizing the uses pursuant to FLPMA absent <br />a showing that the applicant has the financial and <br />technological ability to carry out the project, 43 U.S.C. <br />517o4(j). <br />VII. THIRD CLAIM FOR RELIEF <br />Injunctive Relief <br />37. Plaintiffs have established a probability of <br />success on the merits of this case. <br />- 1 1 - <br />