Jones

MEMORANDUM *

William Michael Jones (“Jones”) appeals the district court’s interpretation of two related consent decrees entered into by Jones, the Port of Portland (“the Port”), and the Army Corps of Engineers (“the *152 Corps”) in 2001. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The consent decrees effectuated a settlement between the parties relating to Jones’ lawsuit against the Port alleging that it had illegally filled waters of the United States in contravention of the Clean Water Act. Two years after the settlement, Bybee Lake overflowed across the bank separating the lake from the Columbia Slough. The washout resulted in the displacement of approximately 8,000 cubic feet of fill. It opened a waterway which allowed water to flow between the lake and the slough. Because the consent decrees required the construction of a trail along the washed-out portion of the bank, the Port filed a motion with the court seeking either to (1) construe the consent decrees to allow the Port to fill the area, blocking the flow of water, or (2) modify the consent decrees to allow the fill. Jones claims that the district court erroneously interpreted the decrees to allow the…