Consolidated Delta Smelt Cases

FINDINGS OF FACT AND CONCLUSIONS OF LAW RE PLAINTIFFS’ REQUEST FOR PRELIMINARY INJUNCTION AGAINST IMPLEMENTATION OF RPA COMPONENT 2 (a/k/a Action 3) (Doc. 433)

I. INTRODUCTION

Plaintiffs, San Luis & Delta Mendota Water Authority (the “Authority”) and Westlands Water District (“Westlands”), move for a preliminary injunction (“PI”) against the implementation of Reasonable and Prudent Alternative (“RPA”) Component 2 set forth in the United States Fish and Wildlife Service’s (“FWS”) December 15, 2008 Biological Opinion, 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 transpacificus) (“2008 Smelt BiOp” or “BiOp”). Doc.433.

Plaintiffs State Water Contractors; Metropolitan Water District of Southern California; Kern County Water Agency and Coalition for a Sustainable; Stewart & Jasper Orchards, et al; and the Family Farm Alliance join in the motion. Docs. 449, 451 & 453. Plaintiff-Intervenor Department of Water Resources (“DWR”), the operator of the SWP, partially joins. Doc. 452.

Federal Defendants and Defendant Intervenors opposed. Docs. 469, 473.…