ELR Citation: ELR 20235
(D. Utah Feb 27, 1973)

The court grants summary judgment compelling Secretary of the Interior Morton and Commissioner Armstrong of the Bureau of Reclamation to remove from within the boundaries of Rainbow Bridge National Monument any waters of Lake Powell and the Glen Canyon unit impounded there. The court holds that this suit is not barred by sovereign immunity, and that the Colorado River Storage Project Act forbids such an intrusion or impoundment.

Counsel for Plaintiffs
James W. Moorman
311 California Street
Suite 311
San Francisco, CA 94104

James B. Lee
520 Kearns Building
Salt Lake City, UT 84101

Owen Olpin
College of Law
University of Utah
Salt Lake City, UT 84112

Counsel for Defendants
C. Nelson Day U.S. Attorney
200 Courthouse Building
Salt Lake City, UT 84111