Del Puerto Water District v. U.S. Bureau of Reclamation

MEMORANDUM OPINION AND ORDER RE: FEDERAL DEFENDANT’S MOTION TO DISMISS; WESTLANDS WATER DISTRICT’S & SAN BENITO COUNTY WATER DISTRICT’S MOTION TO DISMISS; SANTA CLARA VALLEY WATER DISTRICT’S MOTION TO DISMISS

In separate pleadings, Federal Defendants, Defendant-Intervenors Santa Clara Valley Water District, Westlands Water District, and San Benito County Water District, move to dismiss Plaintiffs complaint, under Fed.R.Civ.P. 12(B)(1) and 12(B)(6). See Docs. 28, 30, 31. Plaintiff opposes the motions. See Doc. 38. Defendants and Defendant-Intervenors filed reply briefs December 6 and December 9, 2002. See Docs. 43, 44, 46. The motions were heard March 31, 2003 at 10:00 AM.

I. BACKGROUND

Federal defendants provide the following’ undisputed overview of the Central Valley Project origin and the issues in this suit:

Doc. 28 at 1-2.

Del Puerto provides the following undisputed background of the Central Valley Project units:

Doc. 24 ¶ 12 at 4.

Del Puerto Water District filed this action for declaratory and injunctive relief on August 1, 2002. Doc. 1. Del Puerto filed its First Amended Complaint October 10, 2002. Doc. 24. Del Puerto avers federal jurisdiction exists under 28 U.S.C.…