Save The Colorado, et al v. City and County of Denver
| SAVE THE COLORADO, a Colorado nonprofit corporation, THE ENVIRONMENTAL GROUP, a Colorado nonprofit corporation, WILDEARTH GUARDIANS, a nonprofit corporation, LIVING RIVERS, a nonprofit corporation, WATERKEEPER ALLIANCE and SIERRA CLUB |
| CITY AND COUNTY OF DENVER, acting by and through its Board of Water Commissioners (Denver Water), LIEUTENANT GENERAL WILLIAM H. GRAHAM, in his official capacity as Chief of Engineers of the U.S. Army Corps of Engineers, DOUGLAS J. BURGUM, in his official capacity as Secretary of the Interior and PAUL SOUZA, in his official capacity as Acting Director of the U.S. Fish and Wildlife Service |
| CITY OF AURORA, COLORADO, SOUTH METRO WATER AUTHORITY, BOARD OF WATER WORKS OF PUEBLO, COLORADO, CITY OF BOULDER, CITY OF LAFAYETTE and CITY OF ARVADA |
| 25-1231 |
| June 10, 2025 |
| U.S. Court of Appeals, Tenth Circuit |
| Environmental Matters |
Docket Report
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This docket was last retrieved on December 2, 2025. A more recent docket listing may be available from PACER.
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| Filing 52 [11236012] Minute order filed - the amicus brief submitted by City of Arvada is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. (Text Only - No Attachment) [25-1137, 25-1231, 25-1299] [Entered: 12/02/2025 11:47 AM] |
| Filing 50 [11235948] Admissions letter sent. Response date set to 01/02/2026 for Teresa Taylor Tate. [25-1137, 25-1231] [Entered: 12/02/2025 10:55 AM] |
| Filing 53 [11236017] Entry of appearance filed by Steven P Jeffers for City of Arvada. CERT. OF INTERESTED PARTIES: n. Served on 12/02/2025. Manner of Service: email. [25-1137, 25-1231, 25-1299] [Entered: 12/02/2025 11:53 AM] |
| Filing 51 [11236010] Amicus Curiae brief filed by City of Arvada in 25-1137, 25-1231, 25-1299. Served on 12/02/2025. Manner of Service: email. [25-1137, 25-1231, 25-1299] [Entered: 12/02/2025 11:46 AM] |
| Filing 49 This entry has been removed from the docket. The entry has been removed from the docket. Brief filed 12/01/2025. [JJH] [11235742] Amicus Curiae brief submitted by City of Arvada. Served on 12/01/2025. Manner of Service: email. Word/page count: 3243. This pleading complies with all required privacy and virus certifications: Yes. [25-1137, 25-1231, 25-1299] SPJ [Entered: 12/01/2025 05:51 PM] |
| Filing 48 This entry has been removed from the docket. Brief refiled by counsel to include the attachments. [sds] [11235689] Amicus Curiae brief submitted by City of Arvada. Served on 12/01/2025. Manner of Service: email. Word/page count: 3243. This pleading complies with all required privacy and virus certifications: Yes. [25-1137, 25-1231, 25-1299] SPJ [Entered: 12/01/2025 04:14 PM] |
| Filing 47 [11235672] Entry of appearance submitted by Steven P Jeffers for City of Arvada for court review. Certificate of Interested Parties: No. Served on 12/01/2025. Manner of Service: email. [25-1137, 25-1231, 25-1299] --[Edited 12/02/2025 by SDS to remove pdf from entry as the pleading has been filed] SPJ [Entered: 12/01/2025 03:58 PM] |
| Filing 46 [11235500] Entry of appearance filed by Ms. Jessica Pault-Atiase, Teresa Taylor Tate and Mr. Luis Angel Toro City of Boulder. CERT. OF INTERESTED PARTIES: n. Served on 12/01/2025. Manner of Service: email. [25-1137, 25-1231] [Entered: 12/01/2025 12:55 PM] |
| Filing 45 [11235494] Entry of appearance submitted by Teresa Taylor Tate, Luis A. Toro, Jessica Lynn Pault-Atiase for Amicus Curiae City of Boulder in 25-1231 for court review. Certificate of Interested Parties: No. Served on 12/01/2025. Manner of Service: email. [25-1137, 25-1231] --[Edited 12/01/2025 by SDS to remove pdf from entry as the pleading has been filed] LAT [Entered: 12/01/2025 12:45 PM] |
| Filing 44 [11235409] Minute Order filed by Clerk of the Court - The City of Boulder and City of Lafayettes motion for leave to file an amicus brief (Dkt. No. 53 in appeal no. 25-1137) indicates that all parties have consented to the filing of the amicus brief. Consequently, the court denies the motion as unnecessary. See Fed. R. App. P. 29(a)(2); (3). Served on 12/01/2025. Text only entry - no attachment. [25-1137, 25-1231] [Entered: 12/01/2025 11:33 AM] |
| Filing 43 [11235323] Minute order filed - the amici brief submitted by Board of Water Works of Pueblo, Colorado, City of Aurora, Colorado and South Metro Water Authority is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. Notice of appearance due on 12/15/2025 for Board of Water Works of Pueblo, Colorado. (Text Only - No Attachment) [25-1137, 25-1231, 25-1299] [Entered: 12/01/2025 10:27 AM] |
| Filing 42 [11235313] Entry of appearance filed by Katherine Duncan for City of Aurora, Colorado, Dulcinea Hanuschak for City of Aurora, Colorado, Mr. Gabriel Racz for South Metro Water Authority and Steven O. Sims for City of Aurora, Colorado. CERT. OF INTERESTED PARTIES: n. Served on 12/01/2025. Manner of Service: email. [25-1137, 25-1231, 25-1299] [Entered: 12/01/2025 10:22 AM] |
| Filing 41 [11235302] Amicus Curiae brief filed by Board of Water Works of Pueblo, Colorado, City of Aurora, Colorado and South Metro Water Authority. Served on 11/26/2025. Manner of Service: email. [25-1137, 25-1231, 25-1299] [Entered: 12/01/2025 10:15 AM] |
| Filing 40 [11234665] Minute order filed - Notice of appearance due on 12/01/2025 for City of Boulder and City of Lafayette. (Text Only - No Attachment) [25-1137, 25-1231] [Entered: 11/25/2025 03:21 PM] |
| Filing 39 [11234661] Amicus Curiae brief filed by City of Boulder and City of Lafayette in 25-1137 and 25-1231. Served on 11/25/2025. Manner of Service:. [25-1137, 25-1231] [Entered: 11/25/2025 03:18 PM] |
| Filing 38 [11234655] Motion for leave to file an amicus brief filed by Movants City of Boulder and City of Lafayette in 25-1137 & 25-1231. Served on 11/25/2025. Manner of Service: email. [25-1137, 25-1231] [Entered: 11/25/2025 03:15 PM] |
| Filing 37 This entry has been removed from the docket. [lg] Refiled by the Clerk's office. [11234502] Motion submitted by City of Boulder and City of Lafayette for leave to file an amicus brief. Served on: 11/25/2025 Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1137, 25-1231] JP [Entered: 11/25/2025 11:53 AM] |
| Filing 36 [11233806] Order filed by Clerk of the Court - The court grants Federal Appellants motion for an extension of time. (Dkt. No. 50.) Federal appellants shall file their brief on or before January 16, 2026. Served on 11/21/2025. Text only entry - no attachment. [25-1137, 25-1231, 25-1299] [Entered: 11/21/2025 02:19 PM] |
| Filing 35 [11233723] Motion filed by Appellants Doug Burgum, William H. Graham and Martha Williams in 25-1299 to extend time to file appellant/petitioner's brief until 01/16/2026. Served on: 11/21/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1299, 25-1137, 25-1231] KG [Entered: 11/21/2025 12:41 PM] |
| Filing 34 [11233580] Minute order filed - the preliminary brief submitted by City and County of Denver is accepted for filing. The parties will be notified via separate docket entry if paper copies are required. In accordance with the court's 09/16/2025 order, the Federal Appellants' brief due on 12/04/2025 for Doug Burgum, William H. Graham and Martha Williams. (Text Only - No Attachment) [25-1137, 25-1231, 25-1299] [Entered: 11/21/2025 09:17 AM] |
| Filing 33 [11233494] Appellant/Petitioner's brief filed by City and County of Denver in 25-1137, 25-1231. Served on 11/20/2025 by email. Oral argument requested? Yes. Word/page count: 12854. This pleading complies with all required privacy and virus certifications: Yes. [25-1137, 25-1231, 25-1299] ASB [Entered: 11/20/2025 05:11 PM] |
| Filing 32 [11233218] Joint notice regarding consent to filing of amicus briefs filed by Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians in 25-1137, 25-1231, 25-1299. Served on 11/20/2025 by email.--[Edited 11/20/2025 by JJH to correct docket tilte text] [25-1137, 25-1231, 25-1299] WSE [Entered: 11/20/2025 08:30 AM] |
| Filing 31 [11232785] Entry of appearance filed by Kyle Glynn for William H. Graham and Douglas J. Burgum in 25-1137, 25-1231. CERT. OF INTERESTED PARTIES: n. Served on 11/18/2025. Manner of Service: email. [25-1137, 25-1231] [Entered: 11/18/2025 04:00 PM] |
| Filing 30 [11232762] Entry of appearance submitted by Kyle Glynn for Not Parties Douglas J. Burgum, William H. Graham and Paul Souza in 25-1137, 25-1231 for court review. Certificate of Interested Parties: No. Served on 11/18/2025. Manner of Service: email. [25-1137, 25-1231]--[Edited 11/18/2025 by KLP to delete the attachment; entry filed.] KG [Entered: 11/18/2025 03:38 PM] |
| Filing 29 [11224869] Pursuant to R. 33.1, Rules of the Tenth Circuit, the deadline for filing Appellant's brief for City and County of Denver is extended to 11/20/2025 in accordance with the Order of this court dated September 16, 2025, the Federal Respondents shall file their opening brief within 14 days after the court accepts Denver's opening brief. [25-1137, 25-1231, 25-1299]--[Edited 10/22/2025 by LG to correct language] [Entered: 10/22/2025 08:43 AM] |
| Filing 28 This entry has been removed from the docket. [lg] A corrected settlement order was issued on 10/22/2025. [11223876] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time to file appellants' brief until 11/20/2025. Appellants brief and appendix due on 11/20/2025 for City and County of Denver, Doug Burgum, William H. Graham and Martha Williams. [25-1137, 25-1231, 25-1299] [Entered: 10/17/2025 03:03 PM] |
| Filing 27 [11223842] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. ZoomGov conference scheduled for 10/30/2025 at 9:00 am (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [25-1137, 25-1231, 25-1299] [Entered: 10/17/2025 02:29 PM] |
| Filing 24 [11217327] Order filed by Clerk of the Court granting parties' joint motion to defer the joint appendix to be filed after briefing is complete. Please see order for additional information. The court vacates the deadline previously set for the joint appendix. Served on 09/25/2025. [25-1137, 25-1231, 25-1299] [Entered: 09/25/2025 09:32 AM] |
| Filing 23 [11217237] Motion filed by Appellees Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians in 25-1137, 25-1231, 25-1299, (Also filed, with permission, on behalf of Federal Respondents-Appellees and Intervenor-Appellee Denver Water, as a joint motion) to defer filing the appendix until 01/14/2026. Served on: 09/24/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1137, 25-1231, 25-1299] WSE [Entered: 09/24/2025 05:08 PM] |
| Filing 22 [11215005] Order filed by Clerk of the Court. These matters are now before the court on completion of the jurisdictional briefing in 25-1231 and receipt and initial review of the docketing statements and preliminary record in all three appeals. Upon consideration, the court lifts the abatement of 25-1137, lifts the toll on briefing in 25-1231 & 25-1299. Refers the jusidictional issue in 25-1231 to the panel of judges who will later be assigned to consider its merits. The court procdurally consolidates all three appeals. [ # 14 ] Appellants brief and joint appendix due on 10/27/2025 for City and County of Denver, Doug Burgum, William H. Graham and Martha Williams. See order for details. Served on 09/16/2025. [25-1231, 25-1137, 25-1299]--[Edited 09/16/2025 by LG to resend NDA to add the district court judge and clerk] [Entered: 09/16/2025 04:18 PM] |
| Filing 21 [11213403] Response filed by Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians in 25-1231, 25-1137, 25-1299 to Court's June 25, 2025 Order and Denver Water's July 23, 2025 Response. Served on 09/10/2025. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1231, 25-1137, 25-1299] WSE [Entered: 09/10/2025 06:07 PM] |
| Filing 20 [11208662] Supplemental authority filed by City and County of Denver. Served on 08/26/2025. Manner of Service: email. [25-1231] ASB [Entered: 08/26/2025 10:01 AM] |
Filing 19
[11200729] Order filed by Judges Matheson and Bacharach granting appellees' motion to extend time to file response to the jurisdictional issues raised in this court's 6/25/2025 order and appellant's 7/23/2025 response to that order. Response now due on 09/10/2025 for Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians. Served on 07/28/2025. [25-1231, 25-1137] See attched order.--[Edited 07/30/2025 by LG to correct party that the extension was granted to] [Entered: 07/28/2025 03:08 PM]
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| Filing 18 [11200437] Motion filed by Appellees Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians in 25-1231, 25-1137 to extend time to file a response until 09/10/2025. Served on: 07/28/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1231, 25-1137] WSE [Entered: 07/28/2025 09:09 AM] |
| Filing 17 [11199817] Minute order filed - Appellees' shall file a response to this court's order of June 25, 2025 and to the appellant's response filed on July 23, 2025. Response due on 08/20/2025 for Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians. (Text Only - No Attachment) [25-1231, 25-1137] [Entered: 07/24/2025 08:42 AM] |
| Filing 16 [11199721] Response filed by City and County of Denver in 25-1231, 25-1137 to Court's June 25, 2025 Order. Served on 07/23/2025. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-1231, 25-1137] ASB [Entered: 07/23/2025 04:10 PM] |
| Filing 15 [11192240] Order filed by Clerk of the Court. Response due on 07/23/2025 for City and County of Denver. Served on 06/25/2025. Text only entry - no attachment. [25-1231] (for scheduling purposes only) [Entered: 06/25/2025 03:14 PM] |
| Filing 14 [11192236] Order filed by Clerk of the Court. These matters are before the court on review of the procedural posture of 25-1137 and receipt and review of the docketing statement filed in 25-1231. Accordingly, the court; continues abatement in 25-1137 pending further order of this court. Vacates the appellant's brief and appendix deadline of August 4, 2025 in 25-1231. Directs the City & County of Denver-on or before July 23, 2025- to file a written response to this order in 25-1231. See attached order for details. Served on 06/25/2025. [25-1231, 25-1137] [Entered: 06/25/2025 03:10 PM] |
| Filing 13 [11191721] Entry of appearance filed by Mr. Matthew Ryan Arnold and Mr. William Stewart Eubanks, II for Sierra Club, WildEarth Guardians, Waterkeeper Alliance, Save The Colorado, Living Rivers and The Environmental Group. CERT. OF INTERESTED PARTIES: n. Served on 06/24/2025. Manner of Service: email [25-1231] [Entered: 06/24/2025 12:53 PM] |
| Filing 12 [11191505] Rule 26 Disclosure Statement filed by Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians. More than 50 parties disclosed: no. Served on 06/24/2025. Manner of Service: email. [25-1231] WSE [Entered: 06/24/2025 08:14 AM] |
| Filing 11 [11191504] Entry of appearance submitted by William S. Eubanks II; Matthew R. Arnold for Appellees Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians for court review. Certificate of Interested Parties: No. Served on 06/24/2025. Manner of Service: email. [25-1231]--[Edited 06/24/2025 by JM PDF removed filed.] WSE [Entered: 06/24/2025 08:13 AM] |
| Filing 10 [11191299] Filed notice record is complete. Text only entry on the district court docket. Served on 06/23/2025. Appellant's brief and appendix due on 08/04/2025 for City and County of Denver. [25-1231] [Entered: 06/23/2025 02:09 PM] |
| Filing 9 [11191055] Docketing statement filed by City and County of Denver. Served on 06/23/2025. Manner of Service: email. [25-1231] ASB [Entered: 06/23/2025 08:32 AM] |
| Filing 8 [11191052] Minute order filed - Notice due that record is complete by 06/30/2025 for Jeffrey P. Colwell, Clerk of Court (oclk). (Text Only - No Attachment) [25-1231] [Entered: 06/23/2025 08:31 AM] |
| Filing 7 [11191050] Notice filed that the transcript is already on file in the district court filed by City and County of Denver. Served on: 06/23/2025. Manner of Service: email. [25-1231] ASB [Entered: 06/23/2025 08:29 AM] |
| Filing 6 [11189756] Entry of appearance filed by Ms. Jessica Brody and Crystal Jennifer Easom for City and County of Denver. CERT. OF INTERESTED PARTIES: y (parties previously disclosed). Served on 06/16/2025. Manner of Service: email. [25-1231] --[Edited 06/16/2025 by SDS to add text to entry] [Entered: 06/16/2025 02:48 PM] |
| Filing 5 [11189741] Entry of appearance submitted by Jessica Brody and Crystal J. Easom for Appellant City and County of Denver for court review. Certificate of Interested Parties: Yes. Served on 06/16/2025. Manner of Service: email. [25-1231] --[Edited 06/16/2025 by SDS to remove pdf from entry as the pleading has been filed] JB [Entered: 06/16/2025 02:30 PM] |
| Filing 4 [11189561] Entry of appearance filed by Ms. Amanda Shafer Berman and Tara Derbisz for City and County of Denver. CERT. OF INTERESTED PARTIES: n. Served on 06/16/2025. Manner of Service: email. [25-1231] [Entered: 06/16/2025 08:37 AM] |
| Filing 3 [11189543] Rule 26 Disclosure Statement filed by City and County of Denver. More than 50 parties disclosed: no. Served on 06/16/2025. Manner of Service: email. [25-1231] ASB [Entered: 06/16/2025 07:50 AM] |
| Filing 2 [11189542] Entry of appearance submitted by Amanda Shafer Berman; Tara M. Derbisz for Appellant City and County of Denver for court review. Certificate of Interested Parties: No. Served on 06/16/2025. Manner of Service: email. [25-1231] --[Edited 06/16/2025 by SDS to remove pdf from entry as the pleading has been filed] ASB [Entered: 06/16/2025 07:48 AM] |
| Filing 1 [11188216] Civil case docketed. Preliminary record filed. DATE RECEIVED: 06/10/2025. Docketing statement, transcript order form and notice of appearance due 06/24/2025 for City and County of Denver. Notice of appearance and disclosure statement due on 06/24/2025 for Living Rivers, Save The Colorado, Sierra Club, The Environmental Group, Waterkeeper Alliance and WildEarth Guardians. [25-1231] [Entered: 06/10/2025 11:02 AM] |
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