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SAN LUIS & DELTA-MENDOTA WATER AUTHORITY v. JEWELL, CV F 13-1232 LJO-GSA. (2013)

Court: District Court, E.D. California Number: infdco20130819636 Visitors: 17
Filed: Aug. 16, 2013
Latest Update: Aug. 16, 2013
Summary: STIPULATION AND ORDER CLARIFYING NON-EFFECT ON BOAT DANCE FLOW RELEASES LAWRENCE J. O'NEILL, District Judge. The Hoopa Valley Tribe requested clarification whether this litigation might interfere with performance of their ancient bi-annual ceremonial event, the Hoopa Boat Dance, which will be held August 27, 2013. In connection with the Hoopa Boat Dance ceremony, in odd-numbered years Reclamation has released a pulse flow to increase the river depth and make the ceremony possible. The Boat Dan
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STIPULATION AND ORDER CLARIFYING NON-EFFECT ON BOAT DANCE FLOW RELEASES

LAWRENCE J. O'NEILL, District Judge.

The Hoopa Valley Tribe requested clarification whether this litigation might interfere with performance of their ancient bi-annual ceremonial event, the Hoopa Boat Dance, which will be held August 27, 2013. In connection with the Hoopa Boat Dance ceremony, in odd-numbered years Reclamation has released a pulse flow to increase the river depth and make the ceremony possible. The Boat Dance flows are described in the No-Action Alternative of the Environmental Assessment. Doc. 25-3 at 5. They are not part of the agency actions challenged in this case. Plaintiffs do not seek to enjoin releases for Boat Dance purposes. Neither the Temporary Restraining Order of August 13, 2013, nor the modified Temporary Restraining Order extending the Injunction through August 23, 2013, would prohibit those releases because the Orders are directed at releases "for fishery purposes."

ORDER

Based on the above stipulation and review of this case, it is hereby ORDERED and the record shall reflect that the claims in this case do not seek to restrain the Boat Dance releases as described in the Environmental Assessment.

IT IS SO ORDERED.

Source:  Leagle

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