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.

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

Materials in Trinity River Flow Suit

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

DCT Order Lifting TRO and Denying Preliminary Injunction

Water Districts Motion

Fisheries Opposition

Hoopa Opposition

Interior Opposition

Leshy Memorandum

Water Districts Reply

News coverage here.

Klamath Irrigation District v. US (CAFed) Materials

Here are the materials in the big Klamath River case, which may be settled (unless the tribal opposition to a settlement succeeds):

Opening Brief [not available]

United States Appellee Brief

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