No. 2012-5033.

708 F.3d 1340 (2013)

CASITAS MUNICIPAL WATER DISTRICT, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 27, 2013.

Attorney(s) appearing for the Case

Roger J. Marzulla , Marzulla Law, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Nancie G. Marzulla .

Katherine J. Barton , Attorney, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendantappellee. With her on the brief was Ignacia S. Moreno , Assistant Attorney General.

Jennifer L. Spaletta , Herum Crabtree, of Stockton, CA, for amicus curiae Stockton East Water District.

Roderick E. Walston , of Best Best & Krieger LLP, Walnut Creek, CA, for amici curiae Westlands Water District & Sweetwater Company.

Clifford T. Lee , Deputy Attorney General, California Department of Justice, of San Francisco, CA, for amicus curiae, California State Water Resources Control Board. With him on the brief were Kamala D. Harris , Attorney General of California, and Mark Breckler , Chief Assistant Attorney General. Of counsel on the brief was Tara L. Mueller , Deputy Attorney General, of Oakland, CA.

John D. Echeverria , Vermont Law School, of South Royalton, VT, for amicus curiae Natural Resources Defense Council. Of counsel on the brief was Katherine S. Poole , Natural Resources Defense Council, of San Francisco, CA.

J. David Breemer , Pacific Legal Foundation, of Sacramento, California, for amicus curiae Pacific Legal Foundation.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

Casitas Municipal Water District ("Casitas") operates the Ventura River Project (the "Project"). The Project, which is owned by the U.S. Bureau of Reclamation ("BOR"), provides water to residential, industrial, and agricultural customers in Ventura County, California. Ventura County is located on the southern coast of California, approximately sixty miles northwest of Los Angeles.

On January...


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