South Delta Water Agency v. United States

PREGERSON, Circuit Judge:

Federal defendants brought this interlocutory appeal from the district court’s denial of their motion to dismiss plaintiffs’ suit for declaratory and injunctive relief. For the reasons stated below, we affirm the district court’s denial of the defendants’ motion to dismiss.

FACTS

This appeal involves the federal defendants’ operation of the Central Valley Project (CVP), the nation’s largest water reclamation project.1

The California legislature originally conceived of the CVP “to conserve and put to maximum beneficial use the waters of the Central Valley of California.”…