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SAN LUIS & DELTA-MENDOTA WATER AUTHORITY v. U.S.

No. 09-17594.

672 F.3d 676 (2012)

SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; Westlands Water District, Plaintiffs-Appellants, and Pixley Irrigation District; Lower Tule River Irrigation District; Tri-Valley Water District; Hills Valley Irrigation District; Kern Tulare Water District; Rag Gulch Water District; Stockton East Water District; Fresno County; Tulare County, Plaintiffs-Intervenors, and Bay Institute of San Francisco; Save San Francisco Bay Association; Environmental Defense Fund; Natural Resources Defense Council; Pacific Coast Federation of Fishermen's Associations; Institute for Fisheries Resources; United Anglers of California, Plaintiffs-Appellees, v. UNITED STATES of America, Department of the Interior, Bureau of Reclamation; Ken Salazar, Secretary of the Interior; Robyn Thorson, Regional Director of the United States Department of the Interior Fish and Wildlife Service, Region 1; Donald Glaser, Regional Director, United States Department of the Interior Bureau of Reclamation, Mid-Pacific Region, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2012.

Attorney(s) appearing for the Case

Thomas W. Birmingham , Fresno, CA; and Daniel J. O'Hanlon and Andrew P. Tauriainen , Kronick, Moskovitz, Tiedemann & Girard, Sacramento, CA, for the plaintiffs-appellants.

Cynthia L. Koehler , Environmental Defense Fund, San Francisco, CA; and Paul A. Peters , Hines & Thomas, San Francisco, CA; and Katherine S. Poole and Jason Malinsky , Natural Resources Defense Counsel, San Francisco, CA, for the plaintiffs-appellees.

Kevin Tanaka , Department of the Interior, Office of Regional Solicitor, Sacramento, CA; and Ignacia S. Moreno , Assistant Attorney General, Environmental & Natural Resources Division, and Charles Shockey , Andrew C. Mergen and David S. Shilton , Department of Justice, Washington, D.C., for the defendants-appellees.

Opinion by Judge WU; Partial Concurrence and Partial Dissent by Judge MILAN D. SMITH, JR.

OPINION

WU, District Judge:

"One of the most contentious issues in the western United States is the management of water resources." Westlands Water Dist. v. U.S. Dep't of Interior, 337 F.3d 1092, 1100 (9th Cir.2003) ("Westlands Water Dist. I").

This appeal arises from a long-running conflict which has devolved to the present remaining dispute as to the classification of approximately 9,000 acre feet...

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