Central Valley Water Agency v. United States

Good Law
327 F. Supp. 2d 1180·2004 WL 1627239·2004 U.S. Dist. LEXIS 18997
United States District Court, Eastern District of CaliforniaJune 24, 2004CV.F-99-5650 OWW DLBCalifornia18,687 words

Opinion

Opinion

Wanger, J.

MEMORANDUM DECISION AND ORDER ON PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT [FED. R. CTV. P. 56]

I. INTRODUCTION

Central Delta Water Agency, South Delta Water Agency, Alexander Hildebrand, and R.C. Farms, Inc. (“Plaintiffs”) move for summary judgement pursuant to Fed. R.Civ.P. 56 against the United States of America, et al. (“Federal Defendants”) and San Joaquin River Group Authority, et al. (“Intervenors”). Defendants move for summary judgment against Plaintiffs claiming the court should abstain from hearing Plaintiffs’ claims. At issue in this case is whether Defendants have violated the terms of the Central Valley Project Improvement Act (“CVPIA”) by improperly allocating water under CVPIA § 3406(b)(l-3), thereby causing Plaintiffs’ irrigation water to become excessively sali-nated.

II. BACKGROUND

This lawsuit is brought by four Plaintiffs, two water agencies chartered by the State of California and two private parties. Central Delta Water Authority (“Central Delta”) and South Delta Water Authority (“South Delta”) are water agencies created by the legislature in 1973 to ensure that the lands within their respective jurisdiction (i.e., within the Delta area) have a dependable…

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