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

Filing 74

STIPULATION and ORDER CLARIFYING NON-EFFECT ON BOAT DANCE FLOW RELEASES signed by District Judge Lawrence J. O'Neill on August 16, 2013. (Munoz, I)

1
2
3
4
5
6
7
8
9
10
11

THOMAS P. SCHLOSSER, WSBA No. 06276
THANE D. SOMERVILLE, WSBA No. 31468
MORISSET, SCHLOSSER, JOZWIAK & SOMERVILLE
801 Second Avenue, Suite 1115
Seattle, Washington 98104-1509
Telephone:
206-386-5200
Facsimile:
206-386-7322
E-Mail:
[e-mail]
[e-mail]
Attorneys for Defendant-Intervenor Hoopa Valley Tribe
PATRICIA A. PROCHASKA, SBN 142161
Attorney at Law
577 9th Avenue
Menlo Park, CA 94025
Telephone:
650-562-7060
Facsimile:
866-560-1608
E-Mail:
[e-mail]
Local Counsel for Defendant-Intervenor Hoopa Valley Tribe

12

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

13
14
15
16

SAN LUIS & DELTA-MENDOTA WATER
AUTHORITY and WESTLANDS WATER
DISTRICT,

17
18
19
20
21
22
23
24
25
26

Case No. CV F 13-1232 LJO-GSA
STIPULATION AND ORDER
CLARIFYING NON-EFFECT ON BOAT
DANCE FLOW RELEASES

Plaintiffs,
v.
SALLY JEWELL, as Secretary of the
U.S. Department of the Interior; U.S.
DEPARTMENT OF THE INTERIOR;
U.S. BUREAU OF RECLAMATION;
MICHAEL L. CONNOR, as Commissioner,
Bureau of Reclamation, U.S. Department of
the Interior; and DAVID MURILLO, as
Regional Director, Mid-Pacific Region,
Bureau of Reclamation, U.S. Department of
the Interior,

Courtroom
Judge:
Hearing Date:
Action Filed:

Courtroom 4, 7th floor
Honorable Lawrence J. O’Neill
TBD
August 7, 2013

Defendants.

1
STIPULATION AND ORDER CLARIFYING NON-EFFECT ON BOAT DANCE FLOW RELEASE

1

The Hoopa Valley Tribe requested clarification whether this litigation might interfere

2

with performance of their ancient bi-annual ceremonial event, the Hoopa Boat Dance, which

3

will be held August 27, 2013. In connection with the Hoopa Boat Dance ceremony, in odd-

4

numbered years Reclamation has released a pulse flow to increase the river depth and make the

5

ceremony possible. The Boat Dance flows are described in the No-Action Alternative of the

6

Environmental Assessment. Doc. 25-3 at 5. They are not part of the agency actions challenged

7

in this case. Plaintiffs do not seek to enjoin releases for Boat Dance purposes. Neither the

8

Temporary Restraining Order of August 13, 2013, nor the modified Temporary Restraining

9

Order extending the Injunction through August 23, 2013, would prohibit those releases because

10
11
12

the Orders are directed at releases “for fishery purposes.”
Respectfully submitted this 15th day of August, 2013.
MORISSET, SCHLOSSER, JOZWIAK & SOMERVILLE

13
14
15
16

/s/ Thomas P. Schlosser
Thomas P. Schlosser
Attorneys for Defendant-Intervenor Hoopa Valley Tribe
KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD

17
18
19

/s/ Daniel J. O’Hanlon (as authorized on 8/15/13)
Daniel J. O’Hanlon
Attorney for San Luis & Delta-Mendota Water Authority
and Westlands Water District

20
21
22
23

BROWNSTEIN HYATT FARBER SCHRECK LLP
/s/ Steven O. Sims (as authorized on 8/15/13)
Steven O. Sims
Attorneys for Westlands Water District

24
25
26

/s/ Anna K. Stimmel (as authorized on 8/15/13)
Anna K. Stimmel
Attorney for United States

2
STIPULATION AND ORDER CLARIFYING NON-EFFECT ON BOAT DANCE FLOW RELEASE

1

EARTHJUSTICE

2
3
4

/s/ Jan Hassleman (as authorized on 8/15/13)
Jan Hassleman
Attorney for Pacific Coast Federation of Fishermen’s
Associations

5
6

/s/ Nathan Voegeli (as authorized on 8/15/13)
Nathan Voegeli

7

Attorneys for the Yurok Tribe

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

3
STIPULATION AND ORDER CLARIFYING NON-EFFECT ON BOAT DANCE FLOW RELEASE

1

ORDER

2
3

Based on the above stipulation and review of this case, it is hereby ORDERED and the

4

record shall reflect that the claims in this case do not seek to restrain the Boat Dance releases as

5

described in the Environmental Assessment.

6

IT IS SO ORDERED.

7

Dated: August 16, 2013

8
9
10

/s/ Lawrence J. O’Neill
Lawrence J. O’Neill
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

4
STIPULATION AND ORDER CLARIFYING NON-EFFECT ON BOAT DANCE FLOW RELEASE