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Northern Colo. Conservancy Dist. v. Board of City Comm'rs

ELR Citation: 10 ELR 20410
Nos. No. 79-K-1767, 482 F. Supp. 1115/(N.D. Colo., 01/15/1980)

The court holds that county agencies that have been delegated responsibility pursuant to §208 of the Clean Water Act for developing regional waste water treatment plans are not acting under federal authority for purposes of removal under 28 U.S.C. §1442(a)(1). Plaintiffs, including the Denver Water Board, had challenged the authority of the Northwest Colorado Council of Governments and the Board of County Commissioners of Grand County to develop regulations that allegedly would interfere with water rights protected under Colorado law. The court grants plaintiffs' motion to remand on the grounds that removal is only justified to protect federal officials from state interference with the exercise of federal authority. Such a rationale is not applicable here since the scope of the power of county agencies is defined solely by state law. Though the Clean Water Act provides for federal cooperation with local agencies, it does not vest the agencies with federal authority.

Counsel for Plaintiffs
John M. Sayre, Gregory J. Hobbs Jr.
Davis, Graham & Stubbs
2600 Colorado National Bldg., 950 17th St., Denver CO 80202
(303) 892-9400

Wayne D. Williams, Henry C. Teigen
Legal Div., Water Dep't
1600 W. 12th Ave., Denver CO 80204
(303) 623-2500

Eugene F. Mygyesy Jr.
Saunders, Snyder, Ross & Dickinson
Capitol Life Center, 225 E. 16th Ave., Denver CO 80203
(303) 861-8200

Jerry W. Raisch
Vranesh, Raisch & Schroeder
2120 13th St., P.O. Box 871, Boulder CO 80306
(303) 443-6151

Counsel for Defendants
Alan E. Schwartz, Richard M. Foster Jr.
Musick, Williamson, Schwartz, Leavenworth & Cope
75 Manhattan Dr., P.O. Box 4579, Boulder CO 80306
(303) 499-3990

Thomas Fenton Smith, Marshall D. Brodsky, Ass't Attorneys General
Department of Law
1525 Sherman St., Denver CO 80203
(303) 892-3611