Rio Grande Silvery Minnow v. Keys

PAUL KELLY, Jr., Circuit Judge,

dissenting.

The Bureau of Reclamation (“BOR”) is the largest water wholesaler in the United States; it administers 348 reservoirs and provides one out of five western farmers •with irrigation water. See Bureau of Reclamation website, Facts & Information, http://www.usbr.gov/main/whaVfact.html (last visited May 13, 2003). The court holds that the BOR has discretion to deliver less than the full amount of available San Juan-Chama (“SJC”) and Middle Rio *1142Grande (“MRG”) project water to its contractors. As an alternative holding, the court concludes that even in the…