Is there any case law that supports the argument that a statutory appropriation does not constitute statutory authorization for the construction of a dam?
MultiRegion, United States of America
The following excerpt is from Libby Rod and Gun Club v. Poteat, 594 F.2d 742 (9th Cir. 1979):
Similarly, neither United States v. Arizona, 295 U.S. 174, 55 S.Ct. 666, 79 L.Ed. 1371 (1935), nor Wisconsin v. Duluth, 96 U.S. 379, 24 L.Ed. 668 (1877), is factually analogous to this case. Neither decision holds explicitly that appropriations constitute congressional authorization for dam construction.
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