Consolidated Salmonid Cases

FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: PLAINTIFFS’ REQUEST FOR PRELIMINARY INJUNCTION (Docs. 161 & 230)

I. INTRODUCTION

Plaintiffs San Luis & Delta Mendota Water Authority (the “Authority”) and Westlands Water District (“Westlands”) (collectively “San Luis Plaintiffs”) seek a Temporary Restraining Order (“TRO”) and a Preliminary Injunction (“PI”) against the implementation of Reasonable and Prudent Alternative (“RPA”) Action IV.2.1 set forth in the National Marine Fisheries Service’s (“NMFS”) June 4, 2009 Biological Opinion (“2009 Salmonid BiOp”), which addresses the impacts of the coordinated operations of the federal Central Valley Project (“CVP”) and State Water Project (“SWP”) on the Central Valley winter-run and spring-run Chinook salmon, Central Valley steelhead, Southern Distinct Population Segment of Green

Sturgeon, and Southern Resident Killer Whales (“Listed Species”). Both motions were filed February 22, 2010. Docs. 230, 233.

Plaintiffs State Water Contractors, Stockton East Water District, Oakdale Irrigation District, and South San Joaquin Irrigation District, and Plaintiff-Intervenor California Department of Water Resources (“DWR”) filed statements of…