United States of America, and v. State of California, State Water Resources Control Board, And

KENNEDY, Circuit Judge:

This case involves a continuing dispute between the state and federal governments over authority to determine the scope of operations of New Melones Dam, on the Stanislaus River in California. The New Melones project was originally authorized by section 10 of the Flood Control Act of 1944, 58 Stat. 887, 901. In 1962 Congress appropriated funds to make the dam a large, multi-purpose project by enacting section 203 of the Flood Control Act of 1962, Pub.L. 87-874, 76 Stat. 1173. The 1962 statute governs for our purposes. 1 The project, as envisioned, would ultimately store…