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