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<br />3422 <br /> <br />. <br /> <br />. <br /> <br />delivering less water to the Imperial Irrigation District in 2003 than Imperial had <br />requested, pending further proceedings, Judge Whelan stated that the injunction <br />"will not prevent (the United States] from making proper reasonable use <br />determinations in accordance with federal law ..." <br /> <br />At the March 18'h hearing, Judge Whelan ordered the parties to submit briefs to the <br />Court "regarding a potenti;j remedy for the federal defendants' regs 41; breach." <br />Judge Whelan stated: "The court will consider two alternatives: first, should a de <br />novo section 417 review commence" and "second, in the alternative, should the <br />parties be ordered by this court to commence a reasonable beneficial use challenge, <br />most likely in an alternative judicial or administrative forum," <br /> <br />On April 1;, 2003, Judge Whelan issued a separate Order that vacated and <br />remanded Interior's approval of the Imperial Irriglltion District's water order for <br />2003, with directions to conduct a new (de novo) review of Imperial's water needs <br />for 2003 pursuant to Reclamation's Part 417 regulations, In the Court's April17'h <br />Order, Judge Whelan stated: "any remedy other than remand for de novo review <br />would violate clearly established Supreme Court and Ninth Circuit precedent," <br /> <br />What process is Reclamation following in this Part 417 determinatiOlJ? <br /> <br />. The Court's April'17 Order approved and incorporated by reference specific <br />procedures plrsuant to 43 C.F,R. Part 41; for this review, The Court directed all <br />parties to complete a de novo Part 417 review as detailed in the United States' April <br />1,2003 brief submitted pursuant to the Court's March 18, 2003 Order, As required <br />by the Court's April 17 Order, Rcclamation published a Federal Register notice on <br />April 29, 2003 outlining each step ofthe 417 process, <br /> <br />What is the decision that Reclamation issued today? <br /> <br />. <br /> <br />On July 3, 2003, Reclamation's Lower Colorado Regional Director issued his Part <br />417 determination and recommendations on the Imperial Irrigation District's water <br />needs for 2003, in conformity with the procedures adopted by the April 17 Order, <br /> <br />. <br /> <br />Reclamation has prepared a lengthy document containing a detailed description of <br />the Regional Director's Part 417 determination, This determination approves <br />approximately 91 % of lID's requested water diversions for calendar year 2003 from <br />the Colorado River, This document, together with all studies and data considered <br />by Reclamation in formulating this determination, will be publicly available on <br />Reclamation's Lower Colorado Region website, <br />httD:/ /www,usbr,l!ov/lc/rel!ion/iid417,btm, <br /> <br />Will the decision issued today result in an immediate change /0 the amount afwater delivered <br />to Imperial Irrigation District? <br /> <br />. No. The decision issued today is not a final action. Moreover, the amonnt of water <br />delivered to Imperial Irrigation District in 2003 cannot be cbanged unless the Order <br />issued by Judge Whelan on March 18,2003, is modified by the Court. Before that <br />would occur, there are a Dumber of additional steps in this process, <br /> <br />3 <br />