Islands, Inc. v. United States Bureau of Reclamation, Department of the Interior

MEMORANDUM AND ORDER

This is an action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671-2680 , for crop damage allegedly caused by the subsurface movement of groundwater. Defendant United States Bureau of Reclamation (“Bureau”)' moves to dismiss the action, Fed.R.Civ.P. 12(b)(1), or in the alternative, for summary judgment, Fed. R.Civ.P. 56(c), on the basis of lack of subject matter jurisdiction. More specifically, the Bureau argues that it is immune from suit under the Flood Control Act, 33 U.S.C. § 702c. For the reasons set forth below, the Bureau’s motion to dismiss is granted.

BACKGROUND

Prospect Island is located in the Sacramento-San Joaquin Delta. Since in or about 1916 until at least 1963, Prospect Island served as a part of the floodway of the Yolo Bypass, meaning it was allowed to flood as a means of flood control.- Levies were first constructed on Prospect Island in 1917 and 1918. The height of the levies, however, was restricted to 11 feet so as not to interfere with the island’s function as part of the floodway.

In 1937, Congress authorized creation of the Central Valley Project (“CVP”) for multiple purposes, including flood control. In 1963, the…