FILED

FOR PUBLICATION MAR 05 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

NATURAL RESOURCES DEFENSE No. 09-17661

COUNCIL; CALIFORNIA TROUT; SAN

FRANCISCO BAYKEEPER; FRIENDS OF D.C. No. 1:05-cv-01207- THE RIVER; THE BAY INSTITUTE, all non- OWW-GSA profit organizations,

Plaintiffs - Appellants, ORDER

and

METROPOLITAN WATER DISTRICT OF

SOUTHERN CALIFORNIA,

Plaintiff in Related Case,

v.

KENNETH LEE SALAZAR, in his official capacity as Secretary of the Interior; DAN ASHE, in his official capacity as Director of the U.S. Fish and Wildlife Service; MICHAEL L. CONNOR, in his official capacity as Commissioner of the U.S. Bureau of Reclamation; ANDERSON-COTTONWOOD

IRRIGATION DISTRICT; PACIFIC REALTY

ASSOCIATES, LP; RECLAMATION

DISTRICT 1004; BEVERLY F. ANDREOTTI;

BANTA-CARBONA IRRIGATION DISTRICT;

PATTERSON IRRIGATION DISTRICT;

WEST SIDE IRRIGATION DISTRICT;

BYRON BETHANY IRRIGATION DISTRICT;

CARTER MUTUAL WATER COMPANY;

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HOWALD FARMS, INC.; MAXWELL

IRRIGATION DISTRICT; MERIDIAN

FARMS WATER COMPANY; OJI

BROTHERS FARMS, INC.; HENRY D.

RICHTER; SUTTER MUTUAL WATER CO.;

TISDALE IRRIGATION AND DRAINAGE

COMPANY; WINDSWEPT LAND AND

LIVESTOCK COMPANY; CITY OF

REDDING; COELHO FAMILY TRUST;

EAGLE FIELD WATER DISTRICT; MERCY

SPRINGS WATER DISTRICT; ORO LOMA

WATER DISTRICT; CONAWAY

PRESERVATION GROUP; DEL PUERTO

WATER DISTRICT; WEST STANISLAUS

IRRIGATION DISTRICT; FRESNO SLOUGH

WATER DISTRICT; JAMES IRRIGATION

DISTRICT; TRANQUILLITY IRRIGATION

DISTRICT; CHRISTO D. BARDIS; ABDUL

RAUF; TAHMINA RAUF; SACRAMENTO

RIVER RANCH, LLC; FRED TENHUNFELD;

FAMILY FARM ALLIANCE,

Defendants - Appellees,

SAN LUIS & DELTA-MENDOTA WATER

AUTHORITY; WESTLANDS WATER

DISTRICT; CALIFORNIA FARM BUREAU

FEDERATION; STATE WATER

CONTRACTORS; CALIFORNIA

DEPARTMENT OF WATER RESOURCES;

GLENN-COLUSA IRRIGATION DISTRICT;

NATOMAS CENTRAL MUTUAL WATER

COMPANY; PELGER MUTUAL WATER

COMPANY; PLEASANT GROVE-VERONA

MUTUAL WATER COMPANY;

RECLAMATION DISTRICT 108; RIVER

GARDEN FARMS COMPANY; PRINCETON-

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CODORA-GLENN IRRIGATION DISTRICT;

PROVIDENT IRRIGATION DISTRICT;

KERN COUNTY WATER AGENCY,

Defendant-Intervenors - Appellees.

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)

and Circuit Rule 35–3. The three-judge panel opinion shall not be cited as

precedent by or to any court of the Ninth Circuit.

Judges Berzon and Ikuta did not participate in the deliberations or vote in

this case.