San Luis & Delta-Mendota Water Authority v. United States Department of the Interior
Opinion
Opinion
Wanger, J.
MEMORANDUM DECISION RE MOTION FOR RECONSIDERATION (DOC. 715)
I. INTRODUCTION
Before the court for decision is San Luis & Delta-Mendota Water Authority (“Authority”) and Westlands Water District’s (“Westlands”) (collectively, “Plaintiffs”) motion for reconsideration of the September 19, 2008 Corrected Memorandum Decision and Order granting in part and denying in part cross-motions for summary judgment. Doc. 715, filed Nov. 18.2008. Stockton East Water District, Plaintiff-in-Intervention, joins this motion. Doc. 719, filed Nov. 21 2008.
II. BACKGROUND
A. Statutory Text.
This case concerns the statutory text of CVPIA section 3406(b) (2):
Pub.L. No. 102-575, § 3406 (b)(2), 106 Stat. 4700 , 4714 (1992).
B. Prior District Court and Ninth Circuit Rulings.
This (b)(2) language has been the subject of a series of protracted lawsuits, culminating in orders in these consolidated cases at the district and appellate court levels. As those decisions comprehensively recount this history, only a brief recap is necessary.
The CVPIA took effect October 31,1992. In 1998, Plaintiffs challenged Federal Defendants’ October 5, 1999 “Final Decision on Implementation of Section 3406(b)(2) ...,”…