Islands, Inc. v. United States Bureau of Reclamation, Department of the Interior

MEMORANDUM AND ORDER

DAMRELL, District Judge.

This is an action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671-2680, for crop damage allegedly caused by the subsurface movement of groundwater. Defendant United States Bureau of Reclamation (“Bureau”)' moves to dismiss the action, Fed.R.Civ.P. 12(b)(1), or in the alternative, for summary judgment, Fed. R.Civ.P. 56(c), on the basis of lack of subject matter jurisdiction. More specifically, the Bureau argues that it is immune from suit under the Flood Control Act, 33 U.S.C. § 702c. For the reasons set forth below, the Bureau’s motion…