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WESTLANDS WATER DIST. v. U.S.

No. 95-17189.

100 F.3d 94 (1996)

WESTLANDS WATER DISTRICT; San Benito County Water District, Plaintiffs-Appellants, v. UNITED STATES of America; Department of Interior; Bureau of Reclamation; Roger K. Patterson, Regional Director of Mid-Pacific Region; Bruce Babbitt, Secretary of the Interior, Defendants-Appellees, and San Joaquin River Exchange Contractors Water Authority; Friant Power Authority; Friant Water Users Authority; Chowchilla Water District; Madera Irrigation, Intervenors-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 7, 1996.

Attorney(s) appearing for the Case

Thomas W. Birmingham and William T. Chisum, Kronick, Moskovitz, Tiedemann & Girard, Sacramento, CA, for plaintiffs-appellants.

Edward J. Shawaker and Robert L. Klarquist, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for defendants-appellees.

Michael V. Sexton, Minasian, Minasian, Minasian, Spruance, Baber, Meith & Soares, Oroville, CA, for defendants-intervenors-appellees San Joaquin River Exchange Contractors Water Authority and Friant Power Authority.

Gregory K. Wilkinson, Best, Best & Krieger, Riverside, CA, for defendants-intervenors-appellees Friant Water Users Authority, Chowchilla Water District and Madera Irrigation.

Before BEEZER and THOMPSON, Circuit Judges, and GILLMOR, District Judge.

DAVID R. THOMPSON, Circuit Judge:

The plaintiffs Westlands Water District and the San Benito Water District (Districts) sued the federal defendants alleging that in allocating water in the Central Valley Project in California the United States Department of Interior's Bureau of Reclamation (Bureau) violated the Districts' contract rights. Before trial, the Districts moved to voluntarily dismiss the action without prejudice. The defendants then moved for summary judgment...

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