United States Ninth Circuit

Summary judgment to defendants in an action seeking to establish priority water rights under Central Valley Project water service contracts in the Sacramento Valley, is affirmed, where: 1) California Water Code section 11460 does not require defendant Bureau of Reclamation to provide Central Valley Project contractors priority water rights, because contracts between the plaintiff and defendant Bureau contained provisions that specifically addressed allocation of water during shortage periods; 2) plaintiff and its members assented to these terms and provisions in the renewal contracts, and brought actions in state court to validate the renewal contracts pursuant to California law; and 3) defendant Bureau's exercise of discretion therefore when apportioning water during shortage years in accordance with these renewal contracts was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.

Appellate Information

• Decided 07/01/2013
• Published 07/01/2013

Judges

• RAWLINSON

Court

• United States Ninth Circuit

Counsel