Natural Resources Defense Council v. Kempthorne

CLARIFYING MEMORANDUM RE DECISIONS INTERPRETING THE TERM “PROJECT WATER,” DOCS. 761 and 834.

OLIVER W. WANGER, District Judge.

The parties have recently raised questions regarding the application of shortage provisions to the term “Project Water,” as that term is used in the Sacramento River Settlement Contracts (“SRS Contracts”), and discussed in the November 19, 2008 Memorandum Decision Re Cross Motions For Summary Judgment Re CVP Contract Rescission, 2008 WL 5054115 (“November 19, 2008 Decision”), Doc. 761, and April 27, 2009, 621 F.Supp.2d 954, Supplemental Memorandum Decision Re Cross…