Edwin R. O'Neill v. United States

Good Law
50 F.3d 677·95 Daily Journal DAR 3289·1995 WL 104233·25 Envtl. L. Rep. (Envtl. Law Inst.) 20873·26 U.C.C. Rep. Serv. 2d (West) 1
United States Court of Appeals for the Ninth CircuitMarch 14, 199593-17154California5,813 words

Opinion

Opinion

Choy, J.

Landowners and water users within “Area I” of the Westlands Water District appeal the district court’s denial of their motion to enforce a stipulated judgment which required the United States to perform a 1963 long-term water service contract with the West-lands Water District. The district court held that the contract does not obligate the government to furnish to Westlands the full contractual amount of water when that water cannot be delivered consistently with the requirements of the Endangered Species Act (“ESA”), 16 U.S.C. § 1531 et seq., and the Central Valley Project Improvement Act (“CVPIA”), Pub.L. No. 102-575, 106 Stat. 4706 et seq. The district court further held that Area I could seek judicial review of the agency actions which culminated in the contested water allocation, but that it must do so in a separate suit. We affirm these rulings.

I.

In 1963, the United States entered into a long-term water service contract with West-lands Water District pursuant to federal reclamation statutes. Under this contract, the United States agreed to construct the San Luis Unit of the Federal Central Valley Project (“CVP”) in part to furnish water to the Westlands Water District.…

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