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Tulare Lake Basin Water Storage District v. United States

49 Fed. Cl. 313 (2001)

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Tulare Lake Basin Water Storage District v. United States

United States Court of Federal Claims
49 Fed. Cl. 313 (2001)

  • Written by Rose VanHofwegen, JD

Facts

Tulare Lake Basin Water Storage District and other California water users (plaintiffs) claimed the federal government (defendant) took contractually conferred water rights without compensation by imposing water-use restrictions under the Endangered Species Act (ESA) to preserve two species of fish. In California, state and federal water projects operated in conjunction pumping massive amounts of water from the water-rich Sacramento–San Joaquin Delta to arid southern regions. The state water board issued permits allocating water rights to the state and federal agencies that managed the projects, which contracted with water districts for specific amounts. The Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) determined that the projects pumping from the Delta placed the winter-run chinook salmon and the delta smelt in jeopardy of extinction. The NMFS issued biological opinions recommending an alternative that restricted the time and manner in which users could pump water from the Delta, making less water available for the projects to distribute. The water users sued the government seeking compensation for the loss. Both sides moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Wiese, J.)

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