RECENT FEDERAL DECISIONS

August 2006

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Central Valley Project in Compliance with Salinity Standards: The Bureau of Reclamation May Deviate from Scientific Models When Statutory Violation Is Anticipated
Central Delta Water Agency v. U.S. Bureau of Reclamation, __F.3d__

The Central Valley Project (CVP) is one of the largest federal water management project in the country, and ensuring that it is managed in a manner consistent with the various applicable laws and regulations presents many difficulties. Perhaps recognizing this complexity, the Ninth Circuit Court of Appeals recently held that the United States Bureau of Reclamation (Bureau) did not violate the law by managing the CVP according to its operating models, even when those models predicted a potential imminent violation of water quality standards.