This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Environmental Law
Water Rights
Declaratory and Injunctive Relief

Desert Water Agency v. United States Department of the Interior, Kenneth L. Salazar, United States Bureau of Indian Affairs, Kevin K. Washburn, and Does 1 through 10, inclusive

Published: Sep. 13, 2014 | Result Date: Feb. 21, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 5:13-cv-00606-DMG-OP Bench Decision –  Defense

Court

USDC Central


Attorneys

Plaintiff

Steven G. Martin

Roderick E. Walston
(Best Best & Krieger LLP)

Michael T. Riddell


Defendant

Patricia Miller


Facts

The Desert Water Agency filed a complaint against the U.S. Dept. of the Interior, Kenneth Salazar, U.S. Bureau of Indian Affairs, and Kevin Washburn.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the federal regulation did not preclude it from charging non-Indian lessees it serviced on the Agua Caliente Reservation. Alternatively, plaintiff argued the regulation was arbitrary and capricious, and an abuse of discretion to the extent that the regulation precluded plaintiff from charging non-Indian lessees on Agua Caliente Reservation. As such, plaintiffs filed this complaint seeking declaratory and injunctive relief.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss plaintiff's complaint, arguing that plaintiff lacked standing and that its claims were not ripe for adjudication.

Result

The court agreed to dismiss the complaint.

Other Information

FILING DATE: March 29, 2013.


#108224

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390