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STOCKTON EAST WATER DIST. v. U.S.

No. 2007-5142.

583 F.3d 1344 (2009)

STOCKTON EAST WATER DISTRICT, and Central San Joaquin Water Conservation District, Plaintiffs-Appellants, and San Joaquin County, Stockton City, and California Water Service Company, Plaintiffs, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 30, 2009.

Attorney(s) appearing for the Case

Jennifer L. Spaletta, Herum Crabtree Brown, of Stockton, CA, argued for plaintiffs-appellants. With her on the brief were Jeanne M. Zolezzi and Natalie M. Weber. Of counsel on the brief were Roger J. Marzulla, Nancie E. Marzulla and Gregory T. Jaeger, Mazulla & Marzulla, of Washington, DC.

Kathryn E. Kovacs, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Ronald J. Tenpas, Assistant Attorney General, and Katherine J. Barton, Attorney. Of counsel was Kristine S. Tardiff, Attorney, of Concord, NH.

John D. Echeverria, Georgetown Environmental Law & Policy Institute, of Washington, DC, for amicus curiae. Of counsel on the brief was Katherine S. Poole, Natural Resources Defense Council, of Washington, DC.

Before NEWMAN, PLAGER, and GAJARSA, Circuit Judges.

PLAGER, Circuit Judge.

In the history of the western United States, the fight for water rights is a central theme. California, because a goodly part of the state shares the desert-like conditions that lie at the root of the fight, since before its founding has been one of the locales for this battle. This case is another chapter in that state's long-running history of water disputes.1

Plaintiffs Stockton East Water District ("Stockton...

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