Ninth Circuit Decides Klamath-Trinity River Flow Dispute in Favor of Feds and Tribes

Here is the opinion in San Luis & Delta-Mendota Water Authority v. Haugrud.

From the court’s syllabus:

The panel affirmed in part and reversed in part the district court’s judgment, and held that the Bureau of Reclamation had the authority to implement the 2013 release of Trinity River water from the Lewiston Dam, above and beyond the amount designated in the applicable water release schedule.

Reversing the district court, the panel held that the Act of August 12, 1955, gave the Bureau the authority to implement the 2013 flow augmentation release to protect fish in the lower Klamath River. Affirming the district court, the panel also held that 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. The panel further held that 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 Bureau to comply with state water permitting requirements.

Briefs here.

Hoopa and Yurok Tribes Prevail in ESA Litigation

Link: Federal Court Protects Klamath Salmon, Tribal and Fishing Communities (Earthjustice), previous post

Materials and briefs in the matter of Hoopa Valley Indian Tribe v. Bureau of Reclamation of the Department of the Interior of the United States of America et al, 16-cv-04294 (N.D. Cali.):

Yurok Tribe Suit against Bureau of Reclamation over Klamath River Coho Salmon

Here is the complaint in Yurok Tribe v. Bureau of Reclamation (N.D. Cal.):

Complaint

Ninth Circuit Materials in Klamath-Trinity River Flow Dispute

Hoopa - Trinity River
Trinity River in the Hoopa Valley Reservation

Here are the materials in San Luis & Delta-Mendota Water authority v. Jewell:

25 US Opening Brief

27 YT Opening Brief

28 CDFW Motion and Amicus Brief

52 2016-04-15 SLDMWA-WWD opening & resp brief

57 2016-07-01 Hoopa reply brief

59 2016-07-01 Fed Ds’ reply-response brief

62 2016-07-01 PCFFA-IFR response brief

64 2016-07-01 Yurok third brief on cross-appeal

72 2016-07-29 water contractors’ cross-appeal reply brief

73 2016-07-29 water contractors’ reply to PCFFA

SLDMWA v. Jewell, 52 FS3d 1020 (EDCA 2014) 2013 FARs XMSJ dcn

News Profile of Klamath River Dam Removal Plan

Here.

More here:

http://www.krcrtv.com/north-coast-news/news/dam-removal-along-klamath-river-moves-forward-with-agreement/38903812
http://www.capitalpress.com/Water/20160406/state-federal-officials-sign-new-klamath-dam-agreements
Coverage focusing on the tribal impact: http://www.takepart.com/article/2016/04/06/removal-klamath-river-dams-california-oregon

Ninth Circuit Briefs in San Luis & Delta Mendota Water Authority v. Jewell

Here:

Federal Opening Brief

Hoopa Opening Brief

Yurok Opening Brief

San Luis & Delta-Mendota Water Authority Opening Brief

San Luis & Delta-Mendota Water Authority Response Brief

California Amicus Brief

Federal Response Brief

Hoopa Response Brief

Fishermen’s Brief

Yurok Response Brief

San Luis & Delta-Mendota Water Authority Reply

Lower courts materials here.

Federal Court Rules in Favor of Interior and Lower Klamath River Tribes in Water Dispute

Here are the materials in San Luis & Delta-Mendota Water Authority v. Jewell (E.D. Cal.):

95 First Amended Complaint

113 Water Districts Motion for Summary J

116 Pacific Coast Federation of Fisherman Opposition

118 Hoopa Opposition

119 Yurok Opposition

120-1 US Opposition

122 California Amicus Opposition

125 Water Districts Reply

132 Pacific Coast Federation of Fishermen Reply

133 Hoopa Reply

134 Yurok Reply

135 US Reply 

175 DCT Order

News coverage here: “Judge won’t stop emergency water releases helping Klamath Basin salmon.”

UPDATE 10/8/14:

181 DCT Order on Cross Motions for Summary J

Leonard Masten on why PacifiCorp should remove its Klamath River Dams

Here.

Karuk Tribe Files Lawsuit to Challenge Suction Dredges

An article from Courthouse News Service is here and an AP article via the Washington Post is here.

Complaint is here.

NYTs: A Vision of Reviving Tribal Ways in a Remote Corner of California (Yurok)

Here. Slideshow here.