Federal Judge Says Get Water Districts Water!

Federal Judge Says Get Water Districts Water!

Reclamation and Stockton Area Water Agencies Strongly Encouraged to Settle Litigation over 1983 Central Valley Project Contracts

Concluding nearly three-hours of argument at the Court of Federal Claims in Washington, D.C., the Honorable Christine O.C. Miller provided guidance to the legal teams involved in the SEWD, et al. v United States case. While strongly encouraging both-sides to negotiate a settlement in the case, Judge Miller recommended that settlement negotiations result in "a way to get water to these contractors."

Stockton area water agency officials were thrilled that Judge Miller guidance focused on a resolution that would provide additional water supply for the two contractors. Stockton East Water District Board President Paul Sanguinetti said, "This is exactly the goal of our legal action against the U.S. Bureau of Reclamation; we need this surface water to address our critically overdrafted groundwater basin." Grant Thompson, President of the Central San Joaquin Water Conservation District similarly expressed that "the Judge has given us hope that more of the water that we believed we were entitled to receive beginning in 1993 will actually be delivered into our system in future years."

The hearing on January 6th dealt with the parties cross motions for summary judgment on liability for breach of contract due to the Bureau of Reclamations’ decisions to use New Melones water for fishery purposes in the Delta rather than deliver it under the contracts. Judge Miller will issue a decision in 90 days if she is able to resolve the liability question as a matter of law. If not, the case will proceed to trial, likely by June 2006. In the event negotiations between the parties are not successful, Washington, D.C. attorney Nancie Marzulla and local attorneys Jeanne Zolezzi and Jennifer Spaletta are confident that the Stockton area water agencies will ultimately prevail in this case, bringing more surface water to San Joaquin County from the New Melones contracts.

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