United States v. Westlands Water District

AMENDED MEMORANDUM DECISION AND ORDER RE: JULY 3, 2000, CROSS-MOTIONS FOR SUMMARY JUDGMENT AND FOR RECONSIDERATION

This decision and order amends the decision and order filed March 2, 2001 (Doc. 346).

INTRODUCTION

This matter, is before the Court on the cross-motions for summary judgment submitted by Plaintiff and the Boston Ranch Parties (who are Defendants, Counter-claimants, and Third-Party Plaintiffs) as to the disposition of $9,679,000 held by the Court in escrow', see Doc. 328 ¶ 1 (government’s statement of undisputed facts in support of motion for summary judgment). Oral argument was held on Monday, August 28, 2000.

I. THE CLAIMS

The dispute underlying this action concerns: (1) the price per acre-foot the United States Department of the Interior (“Interior”), Bureau of Reclamation (“Bureau”), is permitted to charge water-users who take water from the San Luis Unit of the United States Central Valley Project (“CVP”); and (2) a drainage-charge component. Interior argues 43 U.S.C. § 390ww(h), enacted in 1987, which requires the Secretary of the Interior to collect the “full cost” for providing all federal (including CVP) water, establishes the price. See Doc. 1. The…