California ex rel. Imperial County Air Pollution Control District v. U.S. Department of the Interior

ORDER

The opinion filed May 19, 2014, and published at 751 F.3d 1113 , is amended as follows:

At slip opinion page 32, in the fourth and fifth textual sentences in the second full paragraph,

Change: “Imperial Irrigation, Imperial County, and the State of California, not the Secretary, will ultimately determine how to allocate the water they receive. If they so choose, they could allocate every acre foot of their Colorado River water to the Saltón Sea.”

To: “Imperial Irrigation, not the Secretary, ultimately controls the allocation of the water that it receives (subject, of course, to existing laws and contractual obligations).”

At slip opinion page 32, in the first citation sentence in the continuing paragraph,

Change: “§ 93.153(b); Air Rule 925(d)(2).”

To: “§ 93.153(b); Air Rule 925(c)(27), (d)(2), (d)(9).”

We amend the opinion at the suggestion of the Secretary of the Interior and the intervenor defendants because Imperial County and the State of California do not receive water from the Colorado River under water delivery contracts with the Secretary of the Interior. The allocation and use of Colorado River water is of course subject to applicable laws and existing…