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<br />I <br /> <br />that the r1s1ng waters would damage the bridge. <br />This is an issue of fact, not of law, there- <br />fore, they were caught in a dilemma that ,they <br />had themselves raised issues of fact,which would <br />not sustain a ,summary judgment. To get rid of <br />that embarrassing hiatus in their complaint, <br />they apparently were willing to stipulate that <br />the water would not in fact cause any damage. <br />They wanted to rely entirely upon the act,of <br />Congress for their, summary judgment. I under- <br />stand that the judge refused to allow them to <br />stipulate to that. That gives you an ink!ing of <br />the judge's position. 'The motions to intervene <br />by tHe various entities were granted by Judge <br />Ritter. That included the state of Colorado, the <br />State of Utah, th~ Colorado River Water Conserva- <br />tion District, the Southwestern Colorado W~ter <br />Conservation District, and the Central Utah Water <br />Conservation District of Utah. All, the parties <br />who sought to intervene were permitted to inter- <br />vene, so we are now official participants in that <br />case. The judge took the matter under advisement <br />and has not yet rendered a decision. However, <br />just ~ithin the last few days, the plaintiffs, , <br />made a motion for temporary injunction to prevent <br />the water from going up into the monument - it ';s <br />alreadY there. Not only did they make a motion <br />that no more water be stored, but they made a <br />motion that the lake be drained down to below the <br />monument. That motion is set for hearing next <br />Wednesday in the District Court of Salt Lake City. <br /> <br />I <br /> <br />There is all kind of maneuvering going on <br />in this case and it appears that it may go on for <br />years. ,If the judge does grant such an injunc- <br />tion. we will file immediately in the United <br />States,' Circuit Court of Appeals to try to over- <br />t~rn such a judgment;, In any event, if we get <br />'any adverse judgment, we will take the case <br />through the Circuit Court of Appeals and, if it <br />is necessary, to the United States Supreme Court. <br />This is not a matter in which we can accept <br />defeat and still have any water program left in <br />the Upper Basin states. I assume that before <br />this lawsuit'is through, that over a million <br /> <br />-71- <br />