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PETERSON v. U.S. DEPT. OF INTERIOR

Nos. 87-2681, 87-2766 and 87-2779 to 87-2781.

899 F.2d 799 (1990)

Peter D. PETERSON, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF the INTERIOR, et al., Defendants. (Four Cases) DUNNIGAN WATER DISTRICT, Plaintiff-Appellant, v. UNITED STATES of America; Donald P. Hodel, in his capacity as Secretary of the Department of the Interior; C. Dale Duvall, in his capacity as Commissioner of the Bureau of Reclamation of the United States of America, Defendants-Appellees, and Natural Resources Defense Council, Inc., Defendant/Intervenor-Appellee. CENTRAL VALLEY PROJECT WATER ASSOCIATION; Sacramento River Water Contractors Association, Plaintiffs-Appellants, v. DEPARTMENT OF THE INTERIOR; Donald P. Hodel, Secretary of the United States Department of the Interior; United States Bureau of Reclamation, Defendants-Appellees, and Natural Resources Defense Council, Inc., Defendant/Intervenor-Appellee. WESTSIDE WATER DISTRICT, a public entity; Kanawha Water District, a public entity, Plaintiffs-Appellants, v. UNITED STATES of America; Donald P. Hodel, in his capacity as Secretary of the Department of the Interior; C. Dale Duvall, in his capacity as Commissioner of the Bureau of Reclamation of the United States of America, Defendants-Appellees, and Natural Resources Defense Council, Inc., Defendant/Intervenor-Appellee. ARVIN-EDISON WATER STORAGE DISTRICT; Southern San Joaquin Municipal Utility District; Panoche Water District; San Luis Water District; Lower Tule River Irrigation District; Delano-Earlimart Irrigation District; Tulare Irrigation District; Catherine Stevens Zahn; Laverne Stevens Siebert, Plaintiffs-Appellants, v. UNITED STATES of America; Donald P. Hodel, in his capacity as Secretary of the Department of the Interior; C. Dale Duvall, in his capacity as Commissioner of the Bureau of Reclamation of the United States of America, Defendants-Appellees, and Natural Resources Defense Council, Inc., Defendant/Intervenor-Appellee. Peter D. PETERSON, et al., Plaintiffs-Appellants, v. UNITED STATES of America, et al., Defendants-Appellees, and Natural Resources Defense Council, Inc., Defendant/Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 14, 1990.

As Amended May 11, 1990.

Attorney(s) appearing for the Case

Thomas W. Birmingham, Kronick, Moskovitz, Tiedemann & Girard and Ronald A. Zumbrun, Robin L. Rivett, Pacific Legal Foundation, Sacramento, Cal., for plaintiffs-appellants.

Robert L. Klarquist, Dept. of Justice, Washington, D.C., for defendants-appellees.

Brian E. Gray, and Hamilton Candee, Natural Resources Defense Council, San Francisco, Cal., for defendant/intervenor-appellee.

Before NORRIS, NOONAN and LEAVY, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

In these consolidated cases, we are asked by various public water agencies in California's Central and Solano Valleys (the "Water Districts") to declare unconstitutional a provision of the Reclamation Reform Act of 1982 which interferes, they argue, with their contractual right to receive subsidized water from federal reclamation projects for distribution to agricultural users in their districts...

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