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WSP00898
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Last modified
1/26/2010 12:28:23 PM
Creation date
10/11/2006 10:00:17 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8220.100.50
Description
CRSP - Power Marketing
Basin
Colorado Mainstem
Date
9/11/1984
Author
USDOI/WAPA
Title
Revised Proposed General Power Marketing Criteria and Allocation Criteria
Water Supply Pro - Doc Type
Publication
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<br />preference clause is void for vagueness. Each of <br />these allegations are discussed in turn below. <br /> <br />For a claim of deprivation of due process to <br />prevail, the ent1ty suffering the constitutional <br />violation must flrst fall within the definition of <br /> <br />a "person." Ass~ming that the aggrieved utility, <br />political subdiv~s1on or citizen has standing to <br />assert a violation of due process, the next <br />question is whether a liberty or property interest <br />protected by the; Fifth Amendment is at stake. The <br />applicable test for determining whether any <br />property right is at issue has been established by <br />the Supreme Court in Board of Regents v. Roth, 408 <br />U.S. 564, 577 (1972): <br /> <br />To have a property interest in a benefit, a <br /> <br />i <br />person cle~rly must have more than an <br />I abstract need or desire for it. He must have <br />more than a unilateral expectation of it. He <br /> <br />, <br />must, inst~ad. have a legitimate claim of <br />! <br />entitlement to it. <br /> <br />. <br /> <br />Property interests, of course, are not <br />created by: the Constitution. Rather they are <br />created an~ their dimensions are defined by <br /> <br />48 <br />
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