In Re Consolidated Delta Smelt Cases

FINDINGS OF FACT AND CONCLUSIONS OF LAW RE PLAINTIFFS’ REQUEST FOR INJUNCTIVE RELIEF AGAINST IMPLEMENTATION OF RPA COMPONENT 3 (Action 4) (Doc. 900)

I. INTRODUCTION

Plaintiffs State Water Contractors (“SWC”), Metropolitan Water District of Southern California (“MWD” or “Metropolitan”), Kern County Water Agency (“KCWA”) and Coalition for a Sustainable Delta (“Coalition”), San Luis & Delta Mendota Water Authority (the “Authority”) and Westlands Water District (“West-lands”) (collectively herein “Plaintiffs”), seek an injunction prohibiting the implementation of Reasonable and Prudent Aternative (“RPA”) Component 3, Action 4 (the “Fall X2 Action”) set forth in the United States Fish and Wildlife Service’s (“FWS”) December 15, 2008, biological opinion (“BiOp”), which addresses the impacts of the coordinated operations of the federal Central Valley Project (“CVP”) and State Water Project (“SWP”) on the threatened delta smelt (Hypomesus tran spacificus). Doc. 900. The California Department of Water Resources (“DWR” or “Plaintiff Intervenors”) joined in Plaintiffs’ motion. Doc. 905. Federal Defendants and Defendant Intervenors opposed. Doc. 948. An evidentiary hearing on the motion was…