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specifically excludes rater taken for Municipal use from the <br />allocation of North Platte :liver water to the State of <br />('rlyoming . <br />(f) Defendant watt's acting arbitrarily and <br />capriciously through the USFWS, and not in accordance with his <br />mandate under the endangered Species Act to bring endangered <br />species to the point that they may be removed from that <br />protected status; <br />(g) violation of Forest Service administrative <br />appeal regulations which require ten days to be allowed for <br />discretionary review by the Secretary on decisions in review <br />by the Chief or the Forest Service. Since the tenth day fell <br />on a Satu -day, Defendant Rupp, by signing the easement <br />sometime prior to 8:50 a.m., Monday, July 26, 1982, improperly <br />prevented the Secretary from exercising his discretion on that <br />dav; <br />(h) pursuant to APA, ESA, NEPA, and FLPMA, the <br />Declaratory Judgment Act and Forest Service Regulations, <br />Plaintiffs are entitled to judicial review and this Court is <br />required to declare the Decision, the Affirming Decision, and <br />the "biological opinion" of June 23, 1982 as contrary to law, <br />declare the grant of the easement void and enjoin further <br />action b_; the Defendants pending their compliance with the <br />law. <br />:•Ic?E�EF�RE, Plaintiffs respectfully request this court <br />to grant the following relief: <br />1. Temporarily restrain and permanently enjoin the <br />Defendants, and each of then from; <br />(a) authorizing or allowin3 the issuance of any <br />ocC upancy documents allowing construction of any part of the <br />transoasin water development project known as the Cheyenne <br />State II ?ro <br />S- age TT; <br />(b) authorizing operation plans for any part of <br />-13- <br />