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The judge acknowledged differences of opinion between biologists on the effects on the river and fish, but said that will be studied under the NEPA process.
"This is a court saying there’s a very, very low burden for Blue Castle to meet," Swensen said. "We feel there was inordinate deference given to [Blue Castle]."
Besides Blue Castle, defendants included Jones and the San Juan and Kane county water conservation districts. The later two had held the water rights at issue since they were originally awarded in the 1960s for coal-fired plants that were never built.
Besides HEAL Utah, plaintiffs included Living Rivers, Uranium Watch, Utah Rivers Council and local water users.
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