Last week, the Coalition for a Sustainable Delta, Kern County Water Agency, State Water Contractors, Metropolitan Water District of Southern California, San Luis & Delta-Mendota Water Authority, and Westlands Water District filed this reply to the Natural Resources Defense Council’s opposition to the water users’ motion to dismiss NRDC’s appeal of last fall’s delta smelt X2 injunction. If the Ninth Circuit declines to grant the water users’ motion to dismiss, then expect to see further briefing on NRDC’s X2 appeal later this year.
In related litigation news, the United States District Court for the Eastern District of California has approved an agreement between the federal government, California Department of Water Resources, and various water users over water project operations and modifications to certain operational restrictions contained in the 2009 salmonid biological opinion. The agreement governs operations from April 1 through May 31, 2012. Meanwhile, NRDC has appealed the Eastern District’s prior decision that the 2009 salmonid biop is unlawful.