Central Delta Water Agency v. Bureau of Reclamation

ORDER AND AMENDED OPINION

ORDER

The Opinion filed May 22, 2006 is amended as follows:

1. At page *2 of the Opinion, found at 449 F.3d 965 (9th Cir.2006), in the third full paragraph in the left-hand column, the sentence “The gauging station at Vernalis is located close to the ocean, below the confluence of the two major rivers.” is replaced with:

2. At page *2 of 449 F.3d 965 , 2006 WL 1377447 , in the fourth full paragraph that spans both the left-hand and right-hand columns, the sentence ‘While nothing in the Act requires that the Bureau use New Melones water for its § 3406(b)(2) releases, the State Board exercised its discretion to use that water.” is replaced with:

3. In the listing of counsel for Plaintiffs-Appellants, before page *1 of 449 F.3d 965 , 2006 WL 1377447 (9th Cir.2006), in the left hand column, counsel’s listing as “Daniel A. McDaniel, Nomellini, Grilli & McDaniel Professional Law Corporation, Stockton, California, for the plaintiffs-appellants.” is replaced with:

OPINION

Plaintiffs Central Delta Water Agency, South Delta Water Agency, Alexander Hildebrand, and R.C. Farms, Inc. (“Delta parties”) appeal the district court’s denial of their motion for…