Westlands Water District Distribution District v. Natural Resources Defense Council, Inc.

Good Law

276 F. Supp. 2d 1046·2003 WL 21921289·2003 U.S. Dist. LEXIS 19119

United States District Court, Eastern District of CaliforniaJuly 9, 2003CIV.S-03-939 LKK/GGHCalifornia3,921 words

Opinion

Karlton, J.

ORDER

This matter comes before the court on defendant’s motion to dismiss the complaint. I decide the motion based on the papers and pleadings filed herein and after oral argument.

I. THE COMPLAINT

Westlands Water District, Distribution District Number 1 (“Westlands”) brings this action against the Natural Resources Defense Council (“NRDC”), seeking a declaratory judgment that certain terms in Westlands’ proposed long-term water service contract with the United States do not run afoul of federal law. In addition to declaratory relief, Westlands also seeks costs, expenses, attorney’s fees, and “such other and further relief as the Court deems just and proper.” Complaint at 9.

Westlands is a water distribution district formed pursuant to California Water Code § 36460, for the purpose of contracting with the United States for water service from the Central Valley Project. Complaint for Declaratory Relief at 4 ¶ 4. The United States and Westlands negotiated certain terms for inclusion in a long-term renewal contract between 1998 and 2000, and “tentatively agreed to several terms” on or before November 17, 2000. Id. at 4 ¶ 19, 20. On that same date, the United States released…

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