(DOWNLOAD) "Elephant Butte Irrigation District V. Department Of Interior" by Tenth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free

eBook details

Title: Elephant Butte Irrigation District V. Department Of Interior
Author : Tenth Circuit U.S. Court of Appeals
Release Date : January 09, 1998
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 78 KB

Description

This case involves Eleventh Amendment state sovereign immunity and the doctrine of Ex parte Young, 209 U.S. 123 (1908), as applied to state officials accused of a continuing violation of federal law. Plaintiffs, Elephant Butte Irrigation District of New Mexico and El Paso County Water Improvement District (collectively "Irrigation and Improvement Districts") accuse the United States Department of the Interior and its Secretary (collectively "Federal Defendants"), the State of New Mexico, and certain state officials of illegally retaining net profits under a recreational land lease with the United States. Plaintiffs allege a portion of the net profit from the lease belongs to them under federal land reclamation laws that supersede and antedate the lease between the United States and New Mexico. Citing the general immunity provisions of the Eleventh Amendment and the doctrine of Ex parte Young, the district court dismissed New Mexico and the New Mexico Department of Energy, Minerals and Natural Resources but refused to dismiss Governor Gary Carruthers *fn1 and Secretary of the New Mexico Energy, Minerals and Natural Resources Department, Anita Lockwood (collectively "state officials"). The district court also ruled Plaintiffs are entitled to their lawful share of net profits, and has ordered a hearing to reform the offending lease provision to properly reflect the division of profits under federal law.