Daily Press Writer
DENVER — U.S. District Court Judge Clarence Brimmer gave the Department of Interior 30 more days to appeal his Black Canyon water rights case decision last week.
|
Advertisement |
The lawsuit is the largest in Colorado history with over 350 objectors. The case has huge implications on how water is managed in the Gunnison basin and could reduce irrigation water to ranchers in the Upper Gunnison.
Before the case went to trial, a settlement was reached between the state of Colorado and the federal government. The settlement allowed for a minimum stream flow of 300 c.f.s in the canyon and larger flows from a state water right.
When the settlement was announced, a coalition of environmental groups filed a federal lawsuit, claiming the federal government did not follow proper procedures when it negotiated the settlement.
Brimmer agreed with the coalition and produced a stinging rebuke of the federal government’s position. He cited the National Environmental Policy Act and other federal statutes in the ruling.
Justice Department lawyers and officials with the Department of the Interior have been trying to decide on whether to appeal Brimmer’s decision. They were given 60 days to file the appeal.
Some in the legal community have speculated that the case could make it to the U.S. Supreme Court, as it involves potential Constitutional questions of state versus federal power.
In asking for the extension, the Justice Department stated, “That process has been slowed by the need to coordinate among various bureaus with the Department of the Interior, components of the Justice Department, including the Solicitor General’s office and other agencies.”
Contact James Shea via email at Jamess@montrosepress.com
• Be respectful of others, the writer and the subjects in the story.
• Be relevant. Keep your comments on point.
• See the guidelines for TalkAbout. Perhaps your comment is best for that community forum, available from the home page, instead of commenting on a particular story.
Comment posters are responsible for the opinions they express and the accuracy of the information they provide. We urge comment writers to treat this as a public forum where manners matter. We encourage a collegial, non-insulting tone. All readers comments must be approved by our staff before posting to the Web site. Be aware, in accordance with the Communications Decency Act and provisions upheld in judicial appeal, that you are responsible for comments posted on this Web site. Montrose Press is not liable for messages from third parties.
DO NOT POST:
* Potentially libelous statements or damaging innuendo.
* Obscene, explicit, or racist language.
* Personal attacks, insults or threats.
* The use of another person's real name to disguise your identity.
* Comments unrelated to the story.
Opinions, advice and all other information expressed in montrosepress.com's reader comments represent the individual's own views and not necessarily those of the Montrose Press. Montrose Press does not endorse and is not responsible for statements, advice or opinions offered by anyone other than authorized Montrose Press spokespersons.
Thank you for your comments!