ONRC ACTION, Plaintiff-Appellant,
v.
UNITED STATES BUREAU OF RECLAMATION, Defendant-Appellee,
Klamath Basin Water Users Association; Oregon Water Resources Congress; Klamath Drainage District, Intervenor-Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Nicholas A. Jacobs (argued) and Paul Scott Simmons , Somach Simmons & Dunn, Sacramento, CA, for Intervenor-Defendant-Appellee Klamath Basin Water Users Association.
Charlene Koski , Wilson Sonsini Goodrich & Rosati, PC, Seattle, WA, and Thomas P. Schlosser , Morisset, Schlosser, Jozwiak & Somerville, Seattle, WA, for Amicus Curiae Hoopa Valley Tribe.
David G. Guest and Monica Reimer , Earthjustice, Tallahassee, FL; Yinet Pino , Law Offices of Bernardo Roman III, Miami, FL, for Amici Curiae Miccosukee Tribe of Indians of Florida, Friends of the Everglades, and Florida Wildlife Federation.
Roderick E. Walston , Best Best & Krieger, LLP, Walnut Creek, CA, for Amici Curiae Westlands Water District and San Luis & Delta-Mendota Water Authority.
Annette Quill , Daniel Domenico , and John Suthers , Colorado Department of Law, Denver, CO; Catherine Cortez Masto , Attorney General, Carson City, NV, for Amici Curiae States of Colorado, Nevada, Alaska, Arizona, Idaho, Kansas, Nebraska, New Mexico, North Dakota, Texas, Utah, and Wyoming.
Peter D. Nichols , Berg Hill Greenleaf & Ruscitti LLP, Boulder, CO; Don Baur and Paul Smyth , Perkins Coie LLP, Washington, D.C., for Amici Curiae Western Urban Water Coalition; National Water Resources Association; The Metropolitan Water District of Southern California; The San Diego County Water Authority; The City and County of San Francisco Public Utilities Commission; The [California] State Water Contractors; The Eldorado Irrigation District; The Central Arizona Water Conservation District; the [Arizona] Salt River Project; The Metropolitan Water District, of Salt Lake & Sandy [Utah]; The Las Vegas Valley Water District; The Idaho Water Users Association; The City of Aurora [Colorado]; The City of Boulder [Colorado]; The City of Colorado Springs, acting by and through its enterprise Colorado Springs Utilities; The City and County of Denver, acting by and through its Board of Water Commissioners; The Lower Arkansas Valley [Colorado] Water Conservancy District; The Central Utah Water Conservancy District; The Washington County [Utah] Water District; The Southeastern Colorado Water Conservancy District; The Kane County [Utah] Water Conservancy District; The Imperial Irrigation District [California]; The Rio Grande Water Conservation District; and The Republican River Water Conservation District.
Before: RICHARD R. CLIFTON, MILAN D. SMITH, JR., and ANDREW D. HURWITZ, Circuit Judges.
OPINION
CLIFTON, Circuit Judge.
This appeal presents the question of whether the Bureau of Reclamation has violated the Clean Water Act by discharging pollutants from the Klamath Straits Drain into the Klamath River without a permit. The Klamath Straits Drain is part of the Klamath Irrigation Project operated by the Bureau in parts of...
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