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<br />) <br /> <br />.' <br /> <br />e. <br /> <br />Central Colorado Water <br />Conservancy District <br />(Defendant-Intervenor) <br /> <br />Alvin Steinrnark <br />Thomas Hellerick <br /> <br />f. <br /> <br />State of Colorado <br /> <br />David Robbins and <br />Gregg Hobbs <br /> <br />At said conference the Court, at the request of <br /> <br />the ~arties, ordered counsel for Plaintiffs to prepare a <br /> <br />proposed Pre-Trial Order for submission to other counsel. <br /> <br />Counsel for the parties having reviewed the pro~osed Pre- <br /> <br />Trial Order and having made such revisions as appropriate, <br /> <br />the Court herein approves, adopts and confirms the proposed <br /> <br />Pre-Trial Order as the Order of the Court in accordance with <br /> <br />paragraph 11 of this Order. <br /> <br />2. JURISDICTION. Jurisdict~on is based upon 28 <br /> <br />D.S.C. subsection 1346 (United States as a defendant), 5 <br /> <br />v.s.c. Sec. 701, et seq. (Administrative Procedure Act), 28 <br /> <br />u.S.c. Sec. 1361 (mandamus) and 28 U.S.C. Subsection 2201- <br /> <br />2202 (declaratory judgment), and the action arises under the <br /> <br />Fifth Amendment of the Constitution of the United States, 5 <br /> <br />U.S.C. Sec. 552, et ~., Federal Water Project Recreation <br /> <br /> <br />Act, 16 U.S.C. Sec. 460 1-12, Fish and Wildlife Coordination <br /> <br />Act, 16 V.S.C. Sec. 661 et seq. and the National Environmental <br /> <br /> <br />Policy Act, 42 v.s.c. subsection 4321, et ~. as is hereinafter <br /> <br /> <br />more fully set forth. <br /> <br />Venue is properly laid in this Court under 28 <br /> <br />U.S.c. Section 1391. <br /> <br />Plaintiffs have no adequate, speedy remedy at law <br /> <br />and the actions of the agencies involved are so far matured <br /> <br />as to constitute final agency action for which there is no <br /> <br />other adequate remedy in a court. <br /> <br />(5 U.S.C. Sec, 704) <br /> <br />3. AMENDMENTS!Q THE PLEADINGS. The Court has previously <br />granted Plaintiffs leave to amend the Complaint and the said <br /> <br />Amended Complaint has been filed with the Court and served <br /> <br />upon Counsel for the Defendants. Each party reserves the <br /> <br />right to amend or sup~lcment all pl~adings with the consent <br />