IN the UNITED STATES DISTRICT COURT for the DISTRICT of COLORADO Judge John L. Kane Civil Action No. 04-Cv-01463-JLK PINE RIVER
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 04-cv-01463-JLK PINE RIVER IRRIGATION DISTRICT, a subdivision of the State of Colorado, Plaintiff, v. UNITED STATES OF AMERICA and UNITED STATES FOREST SERVICE, Defendants, UNITED STATES OF AMERICA, Counterclaimant, v. PINE RIVER IRRIGATION DISTRICT, a subdivision of the State of Colorado, Counterclaim-Defendant. UNITED STATES OF AMERICA, Cross-claimant, v. JAMES W. KIRKPATRICK, LILLIE HOLMES, ELLA E. MULL, JOHN F. KIRKPATRICK and ANY AND ALL UNKNOWN PERSONS WHO CLAIM AN INTEREST IN THE SUBJECT MATTER OF THIS ACTION. Cross-claim Defendants. ______________________________________________________________________________ FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER ______________________________________________________________________________ Kane, J. This action is brought by plaintiff Pine River Irrigation District (“PRID”) against the United States pursuant to the Quiet Title Act, 28 U.S.C. § 2409a, to quiet title to an alleged right of way or easement for a dam and reservoir located at Emerald Lake in the Weminuche Wilderness in southwest Colorado. The government denies the claimed right of way exists and has counterclaimed against PRID and cross-claimed against four individuals and any and all unknown persons who claim an interest in the alleged right of way, seeking to quiet its title. The action is before me on the parties’ request, pursuant to Federal Rule of Civil Procedure 52, for findings of fact and conclusions of law regarding legal issues raised by the stipulated historical record. These issues, which will either resolve or limit the scope of this action, include: whether PRID filed this action within the applicable statute of limitations; whether the disputed right of way was established as claimed under the Act of March 3, 1891 (“1891 Act”), 26 Stat.
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