SAN LUIS & DELTA-MENDOTA v. HAUGRUD

No. 14-17493, No. 14-17506, No. 14-17515, No. 14-17539.

848 F.3d 1216 (2017)

SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; Westlands Water District, Plaintiffs-Appellees, v. Kevin HAUGRUD, as Acting Secretary of the U.S. Department of the Interior; U.S. Department of the Interior; U.S. Bureau of Reclamation; David Murillo, as Acting Commissioner, Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Regional Director, Mid-Pacific Region, Bureau of Reclamation, U.S. Department of the Interior, Defendants, Pacific Coast Federation of Fishermen's Associations; Institute for Fisheries Resources; Yurok Tribe, Intervenor-Defendants, and Hoopa Valley Tribe, Intervenor-Defendant-Appellant. San Luis & Delta-Mendota Water Authority; Westlands Water District, Plaintiffs-Appellees, v. Kevin Haugrud, as Acting Secretary of the U.S. Department of the Interior; U.S. Department of the Interior; U.S. Bureau of Reclamation; David Murillo, as Acting Commissioner, Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Regional Director, Mid-Pacific Region, Bureau of Reclamation, U.S. Department of the Interior, Defendants-Appellants, and Hoopa Valley Tribe; Pacific Coast Federation of Fishermen's Associations; Institute for Fisheries Resources; Yurok Tribe, Intervenor-Defendants. San Luis & Delta-Mendota Water Authority; Westlands Water District, Plaintiffs-Appellees, v. Kevin Haugrud, as Acting Secretary of the U.S. Department of the Interior; U.S. Department of the Interior; U.S. Bureau of Reclamation; David Murillo, as Acting Commissioner, Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Regional Director, Mid-Pacific Region, Bureau of Reclamation, U.S. Department of the Interior, Defendants, Hoopa Valley Tribe; Pacific Coast Federation of Fishermen's Associations; Institute for Fisheries Resources, Intervenor-Defendants, and Yurok Tribe, Intervenor-Defendant-Appellant. San Luis & Delta-Mendota Water Authority; Westlands Water District, Plaintiffs-Appellants, v. Kevin Haugrud, as Acting Secretary of the U.S. Department of the Interior; U.S. Department of the Interior; U.S. Bureau of Reclamation; David Murillo, as Acting Commissioner, Bureau of Reclamation, U.S. Department of the Interior; David Murillo, as Regional Director, Mid-Pacific Region, Bureau of Reclamation, U.S. Department of the Interior, Defendants-Appellees, Hoopa Valley Tribe; Yurok Tribe; Pacific Coast Federation of Fishermen's Associations; Institute for Fisheries Resources, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 21, 2017.


Attorney(s) appearing for the Case

Daniel J. O'Hanlon (argued), Rebecca R. Akroyd , and Elizabeth L. Leeper , Kronick Moskovitz Tiedemann & Girard, Sacramento, California; Steven O. Sims and Dulcinea Z. Hanuschak , Brownstein Hyatt Farber Schreck LLP, Denver, Colorado; for Plaintiffs-Appellees/Cross-Appellants San Luis & Delta-Mendota Water Authority and Westlands Water District.

Ellen J. Durkee (argued), Bradley H. Oliphant , and Anna K. Stimmel , Attorneys; John C. Cruden , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Stephen Palmer , Office of the Regional Solicitor, Department of the Interior, Sacramento, California; Carter Brown , Office of the Solicitor, Department of the Interior, Washington, D.C.; for Defendants-Appellants/Cross-Appellees Kevin Haugrud, U.S. Department of the Interior, U.S. Bureau of Reclamation, and David Murillo.

Thomas P. Schlosser (argued) and Thane D. Somerville , Morisset Schlosser Jozwiak & Somerville APC, Seattle, Washington, for Intervenor-Defendant-Appellant/Cross-Appellee Hoopa Valley Tribe.

Amy Cordalis and Nathan Voegeli , General Counsel, Yurok Tribe, Klamath, California; Daniel I.S.J. Rey-Bear , Nordhaus Law Firm LLP, Spokane, Washington; for Intervenor-Defendant-Appellant/Cross-Appellee Yurok Tribe.

Jan E. Hasselman , Earthjustice, Seattle, Washington, for Intervenor-Defendants Pacific Coast Federation of Fishermen's Associations, and Institute of Fisheries Resources.

Before: Alex Kozinski and N. Randy Smith, Circuit Judges, and Sharon L. Gleason, District Judge.


OPINION

In late summer 2013, the Bureau of Reclamation ("BOR") released Trinity River water from the Lewiston Dam, above and beyond the amount designated in the applicable water release schedule (a schedule that was devised to benefit only the Trinity River basin). That water flowed down the Trinity River and...

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