Opinion
No. 1:97-cv-03090-CL
08-14-2012
ONRC ACTION, Plaintiff, v. BUREAU OF RECLAMATION, et al., Defendants, KLAMATH BASIN WATER USERS PROTECTIVE ASSOCIATION, et al., Defendant-Intervenors.
ORDER
PANNER, District Judge:
Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Here, plaintiff objects to the Report and Recommendation, so I review this matter de novo. 28 U.S.C. § 636(b)(1)(C); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009).
I agree with the Report and Recommendation that the Water Transfers Rule, 40 C.F.R. § 122.3(i), is valid. See Friends of the Everglades v. S. Fla. Water Mgmt. Dist., 570 F.3d 1210, 1227-28 (11th Cir. 2009) (upholding Water Transfers Rule), cert. denied, 131 S. Ct. 643, 645 (2010) (two petitions).
Although the Report and Recommendation incorrectly stated that the Eleventh Circuit's decision is binding on this court, I adopt the Report and Recommendation's alternative conclusion that the Eleventh Circuit's decision is persuasive authority.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#279) is adopted. Defendants' motion for summary judgment (#198) is granted. Plaintiff's motion for partial summary judgment (#205) is denied.
IT IS SO ORDERED.
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OWEN M. PANNER
U.S. DISTRICT JUDGE