| | Nos. 98-926 and 98-1018: Lower Tule River Irrigation Dist. v. Natural Resources Defense Council and Chowchilla Water ... (Site not responding. Last check: 2007-10-07) |
 | | In remanding the case to the district court, however, the court of appeals left open the questions (a) whether Section 5937 applies to the Friant dam as a matter of California law, and (b) if so, whether application of that Section to the Friant Unit is inconsistent with the overall CVPIA scheme and therefore preempted. |
 | | While the Friant division of the [CVP] is remote from the winter-run chinook in the Sacramento River, the interrelated export of Sacramento River water through the Delta Mendota Canal does adversely affect the winter-run of chinook salmon. |
 | | The owner of any dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam. |
| www.usdoj.gov /osg/briefs/1998/0responses/98-0926.resp.html (5082 words) |