Carson-Truckee Water Conservancy District v. Clark
United States Court of Appeals for the Ninth Circuit
741 F.2d 257 (1984)
The Carson-Truckee Water Conservancy District, Sierra Pacific Power Company, the State of Nevada, and others (plaintiffs) filed suit in federal court against William P. Clark, in his official capacity as Secretary of the Interior, and others (defendants), seeking a declaratory judgment that the Secretary violated the Washoe Project Act (the Act), 43 U.S.C.A. §§ 614-614(d), by refusing to sell water from the Stampede Dam and Reservoir on the Little Truckee River for municipal and industrial use in Nevada. The Pyramid Lake Paiute Tribe of Indians intervened in support of the Secretary. Defendants argued that the Act did not require the Secretary to sell the water. Instead, defendants claimed the Secretary’s responsibilities under the Endangered Species Act (ESA) to protect and conserve two species of fish living in the affected waters trumped his discretionary obligations to sell water under the Act. The district court agreed held for defendants. Plaintiffs appealed.
Rule of Law
Holding and Reasoning (Pregerson, J.)
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