Tehama-Colusa Canal Authority v. United States Department of the Interior

The Tehama-Colusa Canal Authority (Canal Authority) appeals the district court’s decision to grant summary judgment to the Department of Interior (Interior), Bureau of Reclamation (Bureau), San Luis & Delta-Mendota Water Authority (San Luis), and Westlands Water Authority (W estlands).

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the district court’s decision on the alternate basis that California Water Code § 11460 does not require the Bureau to provide Central Valley Project contractors priority water rights, because contracts between the Canal Authority and the Bureau contain provisions that specifically address allocation of water during shortage periods.

I. BACKGROUND

A. Procedural History

Canal Authority is a joint powers authority comprised of sixteen water agency members. Canal Authority initiated this action against Interior; the Secretary of Interior (Secretary); the Bureau; the Bureau’s regional director of the Mid-Pacific Region; and intervenors, San Luis and Westlands, to establish priority water rights under Central Valley Project (CVP) water service contracts in the Sacramento Valley. Specifically, Canal Authority requested a ruling…