San Luis & Delta-Mendota Water v. Ryan Zinke

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAN LUIS & DELTA-MENDOTA No. 14-17493 WATER AUTHORITY; WESTLANDS WATER DISTRICT, D.C. No. Plaintiffs-Appellees, 1:13-cv-01232- LJO-GSA v. RYAN ZINKE,* as Secretary of the U.S. Department of the Interior; U.S. DEPARTMENT OF THE INTERIOR; U.S. BUREAU OF RECLAMATION; DAVID MURILLO, as Acting Commissioner, Bureau of Reclamation, U.S. Department of the Interior; DAVID MURILLO, as Regional Director, Mid-Pacific Region, Bureau of Reclamation, U.S. Department of the Interior, Defendants, PACIFIC COAST FEDERATION OF FISHERMEN’S ASSOCIATIONS; * Ryan Zinke and David Murillo are substituted for their predecessors, Sally Jewell and Michael L. Connor, as Acting Secretary of the U.S. Department of the Interior and Acting Commissioner, Bureau of Reclamation, pursuant to Fed. R. App. P. 42(c)(2). 2 SAN LUIS V. ZINKE INSTITUTE FOR FISHERIES RESOURCES; YUROK TRIBE, Intervenor-Defendants, and HOOPA VALLEY TRIBE, Intervenor-Defendant-Appellant. SAN LUIS & DELTA-MENDOTA No. 14-17506 WATER AUTHORITY; WESTLANDS WATER DISTRICT, D.C. No. Plaintiffs-Appellees, 1:13-cv-01232- LJO-GSA v. RYAN ZINKE, as Secretary of the U.S. Department of the Interior; U.S. DEPARTMENT OF THE INTERIOR; U.S. BUREAU OF RECLAMATION; DAVID MURILLO, as Acting Commissioner, Bureau of Reclamation, U.S. Department of the Interior; DAVID MURILLO, as Regional Director, Mid-Pacific Region, Bureau of Reclamation, U.S. Department of the Interior, Defendants-Appellants, and SAN LUIS V. ZINKE 3 HOOPA VALLEY TRIBE; PACIFIC COAST FEDERATION OF FISHERMEN’S ASSOCIATIONS; INSTITUTE FOR FISHERIES RESOURCES; YUROK TRIBE, Intervenor-Defendants. SAN LUIS & DELTA-MENDOTA No. 14-17515 WATER AUTHORITY; WESTLANDS WATER DISTRICT, D.C. No. Plaintiffs-Appellees, 1:13-cv-01232- LJO-GSA v. RYAN ZINKE, as Secretary of the U.S. Department of the Interior; U.S. DEPARTMENT OF THE INTERIOR; U.S. BUREAU OF RECLAMATION; DAVID MURILLO, as Acting Commissioner, Bureau of Reclamation, U.S. Department of the Interior; DAVID MURILLO, as Regional Director, Mid-Pacific Region, Bureau of Reclamation, U.S. Department of the Interior, Defendants, HOOPA VALLEY TRIBE; PACIFIC COAST FEDERATION OF FISHERMEN’S ASSOCIATIONS; INSTITUTE FOR FISHERIES RESOURCES, Intervenor-Defendants, 4 SAN LUIS V. ZINKE and YUROK TRIBE, Intervenor-Defendant-Appellant. SAN LUIS & DELTA-MENDOTA No. 14-17539 WATER AUTHORITY; WESTLANDS WATER DISTRICT, D.C. No. Plaintiffs-Appellants, 1:13-cv-01232- LJO-GSA v. RYAN ZINKE, as Secretary of the ORDER U.S. Department of the Interior; U.S. DEPARTMENT OF THE INTERIOR; U.S. BUREAU OF RECLAMATION; DAVID MURILLO, as Acting Commissioner, Bureau of Reclamation, U.S. Department of the Interior; DAVID MURILLO, as Regional Director, Mid-Pacific Region, Bureau of Reclamation, U.S. Department of the Interior, Defendants-Appellees, HOOPA VALLEY TRIBE; YUROK TRIBE; PACIFIC COAST FEDERATION OF FISHERMEN’S ASSOCIATIONS; INSTITUTE FOR FISHERIES RESOURCES, Intervenor-Defendants-Appellees. SAN LUIS V. ZINKE 5 Filed March 23, 2017 Before: Alex Kozinski and N. Randy Smith, Circuit Judges, and Sharon L. Gleason,** District Judge. ORDER The Yurok Tribe’s motion to correct opinion is GRANTED. The Opinion filed on February 21, 2017, is amended as follows: on slip Opinion page 8, line 26, and page 11, line 21, please change “forty” to “approximately forty-four.” ** The Honorable Sharon L. Gleason, United States District Judge for the District of Alaska, sitting by designation.