03SA321 Joinder in Notice of Supplementation of Authority

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Petitioners agree that this Court should take note of the April 15, 2004 Order Denying Defendants' Motion to Dismiss in Civil Action No. 03 -WY- 1712 -CB, United States District Court for the District of Colorado. In this proceeding, Petitioners challenge the stay the water court granted in deference to Respondents' initiation of C.A. 03 -WY- 1712 -CB. The stay creates a great risk that Petitioners and hundreds of other water users will be prejudiced by de facto findings regarding the quantification of the Black Canyon federal reserved right, made in the improper forum of federal district court. Although, as Respondents note, the federal district court initially acknowledges that the water court has jurisdiction over determination of the Black Canyon reserved right, the Order contains a number of statements and conclusions that contradict that acknowledgment. Throughout the Order the federal district court refers to "relinquishment" of the Black Canyon reserved right as though that right already has been determined to exist in some identifiable quantity. Order at 4, 7, 14, 16 and 20. Further, the Order states: This Court agrees with Plaintiffs in that it may determine that Defendants have disposed of federal property since the reserved right entitles the United States to more than Defendants are seeking to retain. Defendants admit in the Manson Letter that in order to fulfill the Park's purpose, it may require a larger reserved right than the lesser of 300 cfs or natural flow. This Court will not determine what the exact amount of water necessary to fulfill the Parks purpose but has noted that DOI has a legal obligation to possess enough water rights to maintain the Park's purpose under the various Acts and the amount of 300 cfs or natural flow may not obtain that purpose and therefore is a property right which can [sic] be allocated without Congressional approval. Order at 21 (footnote omitted). 2