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<br />On January 10,2003, liD filed suit in federal coun challenging Intenor's December 27,
<br />2002, annual water order approval for IJD on multiple legal bases, Imperial Irrigation
<br />District v, United States, No, 03-CY-0069 W (JFS) (U ,S Ois! C! SO, Calif) (lID v,
<br />U,S,), liD's lawsuit did not challenge Interior's December 27, 2002 annual water order
<br />approvals for other California users such as PYID, CYWD or MWD, nor did PYID,
<br />CYWD or MWD file suit challenging the respective approvals for their 2003 Colorado
<br />River water use.
<br />
<br />On January 24, 2003, lID filed a Motion for Preliminary Injunction in lID v, U,S, On
<br />March 18, 2003, the Court granted lID's Motion for Preliminary Injunction finding that
<br />Interior had not complied with 43 C.F,R, Part 417 (Part 417) and requested that the
<br />parties address the matter of remedy, Judge Whelan stated that the injunction "will not
<br />prevent [the United States] from making proper reasonable use detemlinations in
<br />accordance with federal law..,"
<br />
<br />At the March 18th hearing, Judge Whelan ordered the parties to submit bnefs to the Court
<br />"regarding a potential remedy for the federal defendants' regs 417 breach," Judge
<br />Whelan stated: "The court will consider two alternatives: first, should a de novo section
<br />4] 7 review commence" and "second, in the alternative, should the parties be ordered by
<br />this court to commence a reasonable beneficial use challenge, most likely in an
<br />alternative judicial or administrative forum,"
<br />
<br />The United States, in an April 1,2003 supplemental brief, complied with the Judges
<br />order and addressed a voluntary remand to Interior of the Part 417 determination of IJD's
<br />estimated water requirements for 2003, outlining for the Court the procedures and '
<br />schedule the U,S, would follow in the event of a remand, 110 proposed to the Court that
<br />the Issue of 11D's 2003 water use be referred instead to the State of Calif ami a's State
<br />Water Resources Control Board (SWRCB),
<br />
<br />On April 17,2003, the Court remanded the entire matter to Interior for de novo Part 417
<br />proceedings consistent with the Coun's March 18,2003 order. The Court ordered the
<br />parties to complete the Pat1 417 review of lID's estimated 2003 water requirements as
<br />detailed in the Aprill, 2003 supplemental brief filed by the United States, In the Court's
<br />April 17th Order, Judge Whelan stated: "any remedy other than remand for de novo
<br />review would violate clearly established Supreme Court and Ninth Circuit precedent"
<br />The Court did not order Interior to perform a new Part 417 review of any other Califolllia
<br />Colorado River contractor's estimated 2003 water requirements,
<br />
<br />On April 29, 2003, the Regional Director (Regional Director) for the Lower Colorado
<br />Region of the Reclamation, in order to comply with the Court order in the lawsu,t filed
<br />by lID, initiated this Part 417 proceeding by letters to lID and to the State ofCalifomia,
<br />and by publication of a notice in the Federal Register. 68 Fed, Reg, 22738 (Apr. 29,
<br />2003)
<br />
<br />July 2, 2003
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<br />8
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<br />Detenninations and RecommendatIOns
<br />For lID - Calendar Year 2003
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