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CENTRAL DELTA WATER AGENCY v. BUREAU OF RECLAMATION

No. 04-16632.

449 F.3d 965 (2006)

CENTRAL DELTA WATER AGENCY; South Delta Water Agency; Alexander Hildebrand; R.C. Farms, Inc., Plaintiffs-Appellants, and Save San Francisco Bay Association; Natural Resources Defense Council; Environmental Defense Fund; Bay Institute of San Francisco; Pacific Coast Federation of Fishermen's Associations; United Anglers of California, Intervenors, v. BUREAU OF RECLAMATION, United States Department of Interior; Gale A. Norton, Secretary of the Interior; Michael J. Spears, Regional Director, U.S. Dept. of Interior, Fish and Wildlife Service, Region 1; Kirk Rodgers, Acting Regional Director, Dept. of Interior, Bureau of Reclamation, Mid-Pacific Region; Department of Fish and Game, State of California; Robert C. Hight, Defendants-Appellees, San Joaquin River Group Authority; Oakdale Irrigation District; South San Joaquin Irrigation District; Merced Irrigation District; Modesto Irrigation District (Mid); Turlock Irrigation District; San Joaquin River Exchange Contractors Water Authority, Defendants-Intervenors-Appellees, v. Stockton East Water District, Plaintiff-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed May 22, 2006.

Attorney(s) appearing for the Case

Daniel A. McDaniel, Nomellini, Grilli & McDaniel Professional Law Corporation, Stockton, CA, for the plaintiffs-appellants.

David C. Shilton, Assistant United States Attorney, Washington, D.C., for the defendants-appellees.

Tim O'Laughlin and William C. Paris, III, O'Laughlin & Paris LLP, Chico, CA, for the defendants-intervenors-appellees.

Before: FERGUSON, TROTT, and KLEINFELD, Circuit Judges.

TROTT, Circuit Judge:

Plaintiffs Central Delta Water Agency, South Delta Water Agency, Alexander Hildebrand, and R.C. Farms, Inc. ("Delta parties") appeal the district court's denial of their motion for summary judgment and grant of defendant the United States Bureau of Reclamation's ("Bureau") motion for summary judgment. The Delta parties sued the Bureau and several administrative officials, claiming that the Bureau was violating the Central Valley Project Improvement...

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