ELR Citation: ELR 20752
No(s). 73-1223 (10th Cir. Aug 2, 1973)

The Tenth Circuit Court of Appeals overturns a district court order directing the Commissioner of the Bureau of Reclamation to remove all waters impounded in the Glen Canyon Dam reservoir from within the boundaries of the Rainbow Bridge National Monument. The court finds that the bridge itself is not endangered and rules that Congress, by specifically prohibiting the use of funds for protective work in the face of the inevitable encroachment of water into the monument as Lake Powell fills to its designed capacity, has overridden and repealed the two sections of the Colorado River Storage Project Act of 1956 which has forbidden such encroachment. The trial court is directed to retain jurisdiction for ten years in case the water should rise seven feet above the designed capacity level and thereby possibly threaten the structural integrity of the Bridge. The dissent argues that at least one of the provisions forbidding encroachment continues in force, as evidenced by continuing unsuccessful congressional attempts to repeal it, and that the court's decision, though seemingly a pragmatic solution to a difficult problem, is actually a serious usurpation of legislative power. For the opinion of the district court, granting summary judgment to environmentalist plaintiffs, see 3 ELR 20235.

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

James B. Lee
Parsons, Behle & Latimer
Suite 520 Kearns Building
136 South Main Street
Salt Lake City, UT 84101

Counsel for Defendants
Raymond N. Zagone
Department of Justice
Washington, DC 20530

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

Kenneth Balcomb
Delaney & Balcomb
829 Grand Avenue
Glenwood Springs, CO 81101

Edward W. Clyde
Clyde, Mecham & Pratt
351 South State Street
Salt Lake City, UT 84111