United States of America, and v. State of California, State Water Resources Control Board, And

This case involves a continuing dispute between the state and federal governments over authority to determine the scope of operations of New Melones Dam, on the Stanislaus River in California. The New Melones project was originally authorized by section 10 of the Flood Control Act of 1944, 58 Stat. 887 , 901. In 1962 Congress appropriated funds to make the dam a large, multi-purpose project by enacting section 203 of the Flood Control Act of 1962, Pub.L. 87-874, 76 Stat. 1173. The 1962 statute governs for our purposes. The project, as envisioned, would ultimately store 2.4 million acre-feet a year of water for power generation, irrigation, public recreation, and flood control.

The U.S. Bureau of Reclamation applied to the California State Water Resources Control Board (“California Water Board”) for appropriation of the 2.4 million acre-feet of water, as contemplated by the 1962 statute. In a thirty-seven page decision (“Decision 1422”), the California Water Board approved the applications for water subject to twenty-five conditions and limitations. The full text of Decision 1422 is reprinted as an appendix to the district court’s opinion, 509 F.Supp. at 888-902; the twenty-five…