Westlands Water Dist. v. US Dept. of Interior

MEMORANDUM OPINION

Plaintiffs Westlands Water District and San Benito County Water District seek in-junctive and declaratory relief in this dispute over water allocations made by the Bureau of Reclamation (“Bureau”) during the late winter of 1991 and spring of 1992, the sixth consecutive drought year in California. The relief sought cannot be granted under the allegations of the complaint or any variation which plaintiffs could allege, as plaintiffs have neither statutory nor contractual priority to claim higher rights in Central Valley Project water stored in the San Luis Unit over other water contractors.

I. Background

The Central Valley Project (“CVP”) is operated by the Bureau as authorized by various acts of Congress. It consists of a number of facilities which store and distribute water throughout California’s Central Valley. Friant Dam, which impounds water from the San Joaquin River in Millerton Lake, was one of the initial CVP facilities constructed. Prior to construction of the dam it was necessary for the Bureau to enter into water rights settlement contracts with downstream riparian water rights holders on the San Joaquin River. Four of these riparian holders are…