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TRINITY COUNTY PUBLIC UTILITIES DIST. v. HARRINGTON

No. 85-1874.

781 F.2d 163 (1986)

TRINITY COUNTY PUBLIC UTILITIES DISTRICT, Hayfork Valley Public Utility District, Calaveras Public Power Agency, Tuolumne County Public Power Agency, Plaintiffs-Appellants, v. John S. HARRINGTON, et. al., Defendants-Appellees, and Northern California Power Agency, and Sacramento Municipal Utility District, Intervenors-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1986.

Attorney(s) appearing for the Case

Dian M. Grueneich, Heller, Ehrman, White, & McAuliffe, San Francisco, Cal., Eric Redman, Heller, Ehrman, White, & McAuliffe, Seattle, Wash., for plaintiffs-appellants.

Daniel Davidson, Spiegel & McDiarmid, Washington, D.C., C. Max Vassanelli, Atty. U.S. Dept. of Justice, Washington, D.C., David S. Kaplan, Sacramento, Cal., for defendants-appellees.

Before CHOY, Senior Circuit Judge, SKOPIL and SCHROEDER, Circuit Judges.

CHOY, Senior Circuit Judge:

Appellants Trinity County Public Utility District, Hayfork Valley Public Utility District, Calaveras Public Power Agency, and Tuolumne County Public Power Agency appeal the district court's grant of summary judgment against them. The district court determined that the Trinity River Division Act and the Flood Control Act of 1962 gave appellants a first preference to energy and rates based on the Central Valley Project as a whole, rather...

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