San Luis & Delta-Mendota Water Authority et al v. Salazar et al

Filing 1046

AMENDED ORDER RE: Preliminary Injunction against Full Implementation of RPA Componet 3 (ACTION 4), signed by Judge Oliver W. Wanger on 9/13/2011. (Kusamura, W)

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1 UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 4 5 6 THE CONSOLIDATE DELTA SMELT CASES 1:09-CV-407 OWW DLB 1:09-CV-480 OWW GSA 1:09-CV-422 OWW GSA 1:09-CV-631 OWW DLB 1:09-CV-892 OWW DLB 7 AMENDED ORDER RE: PRELIMINARY INJUNCTION AGAINST FULL IMPLEMENTATION OF RPA COMPONENT 3 (ACTION 4) 8 9 10 11 Plaintiffs State Water Contractors (“SWC”), Metropolitan Water District of Southern 12 California (“MWD” or “Metropolitan”), Kern County Water Agency (“KCWA”) and Coalition 13 for a Sustainable Delta (“Coalition”), San Luis & Delta Mendota Water Authority (the 14 “Authority”) and Westlands Water District (“Westlands”) (collectively “Plaintiffs”), sought 15 injunctive relief prohibiting the implementation of Reasonable and Prudent Alternative (“RPA”) 16 Component 3, Action 4 (the “Fall X2 Action”) as set forth in United States Fish and Wildlife 17 Service’s (“FWS”) December 15, 2008, biological opinion (“BiOp”), addressing impacts of the 18 Coordinated Operations of the federal Central Valley Project (“CVP”) and State Water Project 19 (“SWP”) on the threatened delta smelt. Doc. 900. The California Department of Water 20 Resources (“DWR”) joined Plaintiffs’ motion. Federal Defendants and Defendant Intervenors 21 opposed. 22 An evidentiary hearing was held on the motion July 26, 27, 28, and 29, 2011. Witnesses 23 were called, sworn, and testified and exhibits received into evidence. The parties were 24 represented by counsel, as identified on the record. 25 For all the reasons set forth in the Findings of Fact and Conclusions of Law filed August 26 31, 2011, Doc. 1013, the Federal Defendants and those acting for, under or in concert with them 27 are ENJOINED from and shall not implement the 74 km X2 target through December 31, 2011. 28 1 1 No Fall X2 Action in the 2011 calendar year shall be implemented setting the X2 Target 2 downstream or west of 79 km. All other requirements of the Fall X2 Action, including the timing 3 of the Action, and the measurement and evaluation of its effect, shall remain unchanged. 4 Plaintiffs shall post a bond in the sum of $25,000.00 as required by law. 5 6 IT IS SO ORDERED. 7 8 9 Dated: September 13, 2011 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE DEAC_Signature-END: emm0d64h 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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