Navajo Nation v. Department of the Interior
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
BERZON, Circuit Judge:
The Department of the Interior (“Interi- or” or “the Secretary”) oversees the control, storage, and delivery to the Western states of the waters of the Colorado River. In most years, each state in the Colorado River Basin receives a fixed amount of water from the river; in “surplus” and “shortage” years, that amount changes. In the face of unprecedented drought and ever-increasing demand for water, Interior published guidelines in 2001 and 2008 to clarify how it would make these “surplus” and “shortage” determinations from year to year. This case concerns…
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