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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SAN LUIS & DELTA-MENDOTA WATER AUTHORITY; WESTLANDS WATER DISTRICT, Plaintiffs-Appellants, and PIXLEY IRRIGATION DISTRICT; LOWER TULE RIVER IRRIGATION DISTRICT; TRI-VALLEY WATER dISTRICT; HILLS VALLEY IRRIGATION DISTRICT; KERN TULARE WATER DISTRICT; RAG GULCH WATER DISTRICT; STOCKTON EAST WATER DISTRICT; FRESNO COUNTY; TULARE COUNTY, Plaintiffs-Intervenors, and BAY INSTITUTE OF SAN FRANCISCO; SAVE SAN FRANCISCO BAY ASSOCIATION; ENVIRONMENTAL DEFENSE FUND; NATURAL RESOURCES DEFENSE COUNCIL; PACIFIC COAST FEDERATION OF FISHERMEN’S ASSOCIATIONS; INSTITUTE FOR FISHERIES RESOURCES; UNITED ANGLERS oF CALIFORNIA, Plaintiffs-Appellees, v. 2269 2270 SAN LUIS v. U.S. DEPARTMENT OF THE INTERIOR UNITED STATES OF AMERICA, DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION; KEN SALAZAR, SECRETARY OF THE INTERIOR; ROBYN THORSON, No. 09-17594 REGIONAL DIRECTOR OF THE UNITED D.C. No. STATES DEPARTMENT OF THE CV 97-06140- INTERIOR FISH AND WILDLIFE OWW SERVICE, REGION 1; DONALD GLASER, REGIONAL DIRECTOR, OPINION UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION, MID-PACIFIC REGION, Defendants-Appellees. Appeal from the United States District Court for the Eastern District of California Oliver W. Wanger, United States District Judge, Presiding Argued and Submitted March 15, 2011—Davis, California Filed March 2, 2012 Before: William A. Fletcher and Milan D. Smith, Jr., Circuit Judges, and George H. Wu, District Judge.* Opinion by Judge Wu; Partial Concurrence and Partial Dissent by Judge M. Smith *The Honorable George H. Wu, United States District Judge for the Central District of California, sitting by designation. 2274 SAN LUIS v. U.S. DEPARTMENT OF THE INTERIOR COUNSEL Thomas W.
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