Westlands Water District v. Natural Resources Defense Council

Several water districts seek to enjoin the implementation of sections 3406(b)(2) and (d)(1) of the Central Valley Project Improvement Act. They contend that the Secretary of Interior must'first complete an environmental impact statement as required by NEPA. The district court granted the water districts’ motion for a preliminary injunction. The Secretary and environmental defendants appeal. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1) and vacate the preliminary injunction.

I. BACKGROUND

California’s Central Valley is one of the most fertile agricultural regions in the United States. Several state and federal water projects, including the federal Central Valley Project,, make this agricultural productivity possible by diverting water from streams that flow out of the Sierra mountains. These water projects produce many agricultural and economic benefits, but the water diversions harm wildlife habitats and ecological resources. In addition, agricultural water users consume most of California’s developed water yet comprise only a small fraction of California’s population. As urban populations continue to grow, urban water users are demanding more water. In 1992, Congress…