ELR Citation: ELR 20463
No(s). S-2663 (E.D. Cal. Apr 26, 1974)

The U.S. Bureau of Reclamation's environmental impact statement for the Auburn Dam portion of the Central Valley Project in California does not adequately comply with the requirements of NEPA, and the court issues a permanent injunction against further planning or construction of the Dam. The injunction is stayed for a period of 180 days, however, because of the Bureau's investment in land acquisition, the cost and seasonal magnification of any delay, and the possibility of dangerous flooding. The final EIS did not discuss several reasonable alternatives to the proposed project, including the possibility of combining levee improvement along the American River with increased releases through the existing spillways from Fulsom Dam, increased flood storage in Fulsom Reservoir, and increased reliance on weather forecasting and rainfall monitoring. Nor did the statement contain a critical analysis of projected future demand for American River water. Without such an analysis the court finds it impossible to evaluate various alternatives suggested by plaintiffs for meeting future demand without constructing the Auburn Dam. In addition, the EIS failed to consider one such alternative which deserves investigation, that of building a planned connecting canal between the Sacramento and American Rivers without the Auburn Dam. In deciding to stay the injunction, the court finds that the damage to the defendants and the general public that could result from an immediate cessation of construction outweighs plaintiffs' contention that further investment of time and money will make abandonment of the project more difficult and, therefore, increasingly unlikely. If a legally sufficient supplement to the EIS has not been prepared and circulated for comment within 150 days, the injunction will come into full force 30 days thereafter.

Counsel for Plaintiffs
John D. Leshy
Natural Resources Defense Council, Inc.
664 Hamilton Avenue
Palo Alto, CA 94301

Thomas Graff.
Environmental Defense Fund, Inc.
2728 Durant Avenue
Berkeley, CA 94704

Counsel for Defendants
Dwayne Keyes U.S. Attorney
Richard W. Nichols Asst. U.S. Attorney
Federal and Courthouse Building
650 Capitol Mall
Sacramento, CA 95814

Evelle J. Younger Attorney General
Gregory K. Wilkinson
Roderick Walston
Richard C. Jacobs Deputy Attorneys General
State Office Building
915 Capitol Mall
Sacramento, CA 95814