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FIREBAUGH CANAL CO. v. U.S.

Nos. 95-15300, 95-16641.

203 F.3d 568 (2000)

FIREBAUGH CANAL CO.; Central California Irrigation District; Sumner Peck Ranch Inc., Plaintiffs-Appellees, v. UNITED STATES of America; United States Department of the Interior; Bureau of Reclamation, Defendants-Appellants. Firebaugh Canal Co.; Central California Irrigation District; Sumner Peck Ranch Inc., Plaintiffs-Appellees, v. United States of America; United States Department of the Interior; Bureau of Reclamation, Defendants, and County of Contra Costa; Contra Costa Water District; Contra Costa County Water Agency; Natural Resources Defense Council; The Bay Institute, Defendants-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 4, 2000.

Attorney(s) appearing for the Case

Jeffrey C. Dobbins, United States Department of Justice, Washington, D.C., for the defendants-appellants.

William M. Smiland, Smiland & Khachigian, Los Angeles, California, Michael V. Sexton, Minasian, Spruance, Baber, Meith, Soares & Sexton, LLP, Oroville, California, for the plaintiffs-appellees.

Laurens H. Silver, California Environmental Law Project, Mill Valley, California, for the defendants-intervenors-appellants.

Thomas W. Birmingham, Kornick, Moskovitz, Tiedemann & Girard, Sacramento, California, for the defendant-intervenor-appellee.

Before: HUG, Chief Judge, FLETCHER and TROTT, Circuit Judges.

HUG, Chief Judge:

The United States Government appeals a judgment entered against the Department of Interior and the Bureau of Reclamation that requires the Department to "take such reasonable and necessary actions to promptly prepare, file and pursue an application for a discharge permit" with the California Water Resources Control Board, pursuant to the Government's duty to provide drainage under the San Luis Act. This court has jurisdiction over final judgments...

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