South Yuba River Citizens League et al v. National Marine Fisheries Service et al

Filing 415

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/12/11. The grating measure (Interim Measure 5) of the Order re interim measures, 402 at 44, is amended to remove the obligation to install grates over the lower 8 bays of the south fish ladder at Daguerre Point Dam and allow completion of grate installation by September 14, 2011. (Mena-Sanchez, L)

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IGNACIA S. MORENO, Assistant Attorney General
United States Department of Justice
Environment & Natural Resources Division
SETH M. BARSKY, Section Chief
S. JAY GOVINDAN, Assistant Chief
BRADLEY H. OLIPHANT, Trial Attorney
Wildlife & Marine Resources Section
Environment & Natural Resources Division
U.S. Department of Justice
P.O. Box 7369
Washington, D.C. 20044-7369
Tel: [phone] | Fax: [phone]
Email: [e-mail]
Attorneys for the Federal Defendants
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
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Plaintiffs,
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v.
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NATIONAL MARINE FISHERIES SERVICE, )
et al.,
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Defendants
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SOUTH YUBA RIVER CITIZENS LEAGUE,

No. 2:06-cv-2845-LKK-JFM

Stipulation and Order To Amend The
Court’s July 26, 2011 Order (ECF No.
402)

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Stipulation Re Interim Remedy Order

No. C 06-02845-LKK

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WHEREAS, on July 26, 2011, the Court issued its Order re interim measures, Doc. No.
402 (July 26, 2011) (“Order”);

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WHEREAS, Interim Measure 5 of the Order requires the installation of locking metal

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grates over all Daguerre Point Dam fish ladder bays within six weeks of the Order (September 5,

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2011), Doc. No. 402 at 44;

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WHEREAS, on August 18, 2011, the California Department of Fish & Game (“CDFG”)

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wrote the Army Corps of Engineers (“Corps”) to “express concern over implementation” of

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Interim Measures 5, and specifically that CDFG “is not in support of putting grates over the bays

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on the lowermost section of the south fish ladder at Daguerre Point Dam,” in part due to the

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desire of CDFG to maintain continued access to flow modification equipment designed to

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improve fish passage conditions in the ladder;

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WHEREAS, on August 23, 2011, Federal Defendants moved for reconsideration of the

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requirement to put grates over the bays on the lowermost section of the south fish ladder at

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Daguerre Point Dam and for an extension of the deadline to complete installation of the grates to

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October 1, 2011;

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WHEREAS, Federal Defendants subsequently clarified to Plaintiffs that CDFG staff

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were concerned about the lower 8 bays on the south ladder and would like only those bays to

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remain uncovered;

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WHEREAS, following this clarification of the scope of the CDFG objections to the fish

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grating measure, and due to Plaintiffs’ desire to ensure that CDFG has continued access to the

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flow modification equipment in the south fish ladder, Plaintiffs will not oppose the Federal

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Defendants’ request to be relieved of the obligation to install grates over the lower 8 bays of the

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fish ladders; and

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WHEREAS, the Corps will complete the installation of the remaining bay grates by no
later than September 14, 2011;

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NOW THEREFORE, it is hereby stipulated between the parties that:

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1.

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Plaintiffs will not oppose Federal Defendants’ request to be relieved of the

obligation to install grates over the lower 8 bays of the fish ladders; and
Stipulation Re Interim Remedy Order

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No. C 06-02845-LKK

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2.

Federal Defendants will complete the installation of the other fish ladder grates by

no later than September 14, 2011.
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The grating measure (Interim Measure 5) of the Order re interim measures should

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be amended to remove the obligation to install grates over the lower 8 bays of the south fish

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ladder at Daguerre Point Dam and allow completion of grate installation by September 14, 2011.

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Dated: September 9, 2011

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MCGREGOR W. SCOTT
United States Attorney
YOSHINORI H. T. HIMEL
Assistant United States Attorney
IGNACIA S. MORENO,
Assistant Attorney General
SETH M. BARSKY, Section Chief

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By:

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/s/ Bradley H. Oliphant
_________________________

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BRADLEY H. OLIPHANT, Trial Attorney
United States Department of Justice
Env’t & Natural Resources Division
Wildlife & Marine Resources Section
P.O. Box 7369
Washington, D.C. 20044
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Federal Defendants

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As authorized on September 9, 2011

By:

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/s/ Brian Orion
_________________________
BRIAN ORION
Attorneys for Plaintiffs
SOUTH YUBA RIVER CITIZENS
LEAGUE, and FRIENDS OF THE RIVER

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Stipulation Re Interim Remedy Order

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No. C 06-02845-LKK

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As authorized on September 9, 2011

By:

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/s/ Howard F. Wilkins III
_________________________
HOWARD F. WILKINS III
Remy, Thomas, Moose and Manley, LLP
455 Capitol Mall, Suite 210
Sacramento, Ca. 95814
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendant YWCA
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As authorized on September 9, 2011

By:

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/s/ Andrew Hitchings
_________________________
ANDREW HITCHINGS
Somach, Simmons & Dunn
813 Sixth Street, Third Floor
Sacramento, CA 95814
Fax: [phone]
Email: [e-mail]
Attorneys for Intervenor-Defendants
DRY CREEK MUTUAL WATER
COMPANY, BROPHY WATER
DISTRICT, and HALLWOOD
IRRIGATION COMPANY

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As authorized on September 9, 2011

By:

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HANSPETER WALTER
Kronick Moskovitz Tiedemann & Girard
400 Capitol Mall
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Intervenor-Defendant
RAMIREZ WATER DISTRICT

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/s/ Hanspeter Walter
_________________________

As authorized on September 9, 2011

By:

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/s/ Dustin Cooper
_________________________
Minasian, Meith, Soares, Sexton & Cooper,
LLP

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Stipulation Re Interim Remedy Order

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No. C 06-02845-LKK

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Paul R. Minasian
Dustin C. Cooper
P O Box 1679
Oroville, CA 95965
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Intervenor-Defendant
CORDUA IRRIGATION DISTRICT

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ORDER

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It is APPROVED and SO ORDERED. The grating measure (Interim Measure 5) of the

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Order re interim measures, Doc. No. 402 at 44, is amended to remove the obligation to install

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grates over the lower 8 bays of the south fish ladder at Daguerre Point Dam and allow

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completion of grate installation by September 14, 2011.

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DATED: September 12, 2011

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Stipulation Re Interim Remedy Order

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No. C 06-02845-LKK