Jewell

San Luis & Delta-Mendota Water Authority v. Jewell

Good Law
52 F. Supp. 3d 1020·2014 WL 4960786·44 Envtl. L. Rep. (Envtl. Law Inst.) 20224·2014 U.S. Dist. LEXIS 140539
United States District Court, Eastern District of CaliforniaOctober 1, 2014Case No. 1:13-CV-01232-LJO-GSACalifornia20,869 words

Opinion

Lead Opinion

Lawrenceneill, J.

MEMORANDUM DECISION AND ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT (Docs. 112 & 120)

I. INTRODUCTION

This case concerns the U.S. Bureau of Reclamation’s (“Reclamation” or “the Bureau”) decision to make certain “Flow Augmentation” releases (“FARs”) of water beginning on August 13, 2013 from Lewi-ston Dam, a feature of the Trinity River Division (“TRD”) of the Central Valley Project (“CVP”). The stated purpose of the releases was to “reduce the likelihood, and potentially reduce the severity, of any Ich epizootic event that could lead to associated fish die off in 2013” in the lower *1026 Klamath River. Administrative Record (“AR”) at 00016-17. Plaintiffs, the San Luis & Delta Mendota Water Authority (“Authority”) and Westlands Water District (“Westlands”), allege that by approving and implementing the 2013 FARs, Reclamation and its parent agency, the U.S. Department of the Interior (“Interior”) 1 (collectively, “Federal Defendants”), violated various provisions of the Central Valley Project Improvement Act (“CVPIA”), Pub.L. No. 102-575, 106 Stat. 4700 (1992), and the Reclamation Act of 1902, 43 U.S.C. § 383 . Doc. 95, First Amended Complaint (“FAC”) at ¶¶ 77-91. In addition,…

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