Minidoka Irrigation v. Department of the Interior

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MINIDOKA IRRIGATION DISTRICT,  No. 03-35697 Plaintiff-Appellant, D.C. No. v. CV-91-00529-BLW DEPARTMENT OF INTERIOR, of the ORDER United States; GALE A. NORTON, AMENDING Secretary of the Interior; JOHN W.  OPINION AND KEYS, III, Commissioner of DENYING Reclamation; J. WILLIAM PETITION FOR MCDONALD,* Regional Director of REHEARING Reclamation, EN BANC AND Defendants-Appellees. AMENDED  OPINION

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding

Argued and Submitted February 16, 2005—Seattle, Washington

Filed April 15, 2005 Amended July 6, 2005

Before: Betty B. Fletcher, M. Margaret McKeown, and Ronald M. Gould, Circuit Judges.

*Pursuant to Fed. R. App. P. 43(c)(2), Gale A. Norton is substituted for her predecessor, Manuel Lujan, as Secretary of the Interior; John W. Keys, III is…