United States Ninth Circuit

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San Luis & Delta-Mendota Water Auth. v. Haugrud, 14-17493

In a dispute arising out of the release of Trinity River water from the Lewiston Dam above the amount designated in the applicable water release schedule, to help prevent a mass die-off of salmon in the Klammath River, the district court's judgment is affirmed in part and reversed in part where: 1) the Bureau of Reclamation (BOR) had the authority to implement the release of Trinity River water from the Lewiston Dam, above and beyond the amount designated in the applicable water release schedule; 2) the 2013 flow augmentation release did not violate Central Valley Project Improvement Act (CVPIA) section 3406(b)(23), which called for a permanent water release that would serve only the Trinity River basin. and 3) the 2013 flow augmentation release did not violate California water law and, in turn, did not violate the Reclamation Act of 1902 or CVPIA section 3411(a), both of which require the BOR to comply with state water permitting requirements.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/02/21

Judges

  • SMITH

Court

  • United States Ninth Circuit

Counsel


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