Sierra Club v. Del Puerto Water District CA5

BACKGROUND

I. Water in California

Broadly speaking, much of California’s water is in the north and much of its demand is in the south. (Natural Resources Defense Council v. Kempthorne (2009) 621 F.Supp.2d 954, 959–960.) As a result, the government created “‘“a system of dams, reservoirs, levees, canals, pumping stations, hydropower plants, and other infrastructure”’” (North Coast Rivers Alliance v. Westlands Water Dist. (2014) 227 Cal.App.4th 832, 840) in order to store surplus flows from the rivers in the north and transport them south. (San Luis & Delta-Mendota Water Authority v. U.S. Dept. of Interior (E.D.Cal., Mar. 2, 2015, No. 1:11-cv-00952 LJO GSA) 2015 U.S. Dist. Lexis 24970.) The system, called the Central Valley Project (CVP), delivers water to hundreds of water contractors pursuant to various delivery contracts, primarily for agricultural use in the Central Valley. (North Coast, supra, at p. 840.)

1 We will refer to Del Puerto Water District and its board of directors, both of which are parties on appeal, as DPWD.

2. Friant Dam and the Exchange Contract In the mid-1930’s, the federal government wanted the CVP to extend into the Bakersfield area. (Westlands…