Ted Barnes Wins Tenth Circuit Appeal

Wednesday, 12 August 2009 00:00

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Judge Lucero of the Tenth Circuit issued a decision today which represents a victory for Clyde Snow and its client, Central Utah Water Conservancy District. After seven years of protracted litigation, Clyde Snow successfully defended an appeal brought by the Strawberry Water Users Association.

As lead counsel on the case, Edwin C. (Ted) Barnes gave oral argument in Denver. This marked his fourth time appearing before the Tenth Circuit Court. At issue in the case of Strawberry Water Users Association v. United States, 576 F.3d 1133 (10th Cir. 2009), were century-old contracts and laws, which govern the ability of various parties to claim and exercise interests in Bureau of Reclamation rights.

In a published opinion that affirmed Judge Jenkins of the Utah District Court, the Tenth Circuit declined to issue a declaration that water users have a right to develop power in the Diamond Fork System of the Central Utah Project. Furthermore, the plaintiff/appellant was denied the right to file a change application for water rights without the approval or voluntary joinder of the United States.