Firebaugh Canal Water District, et al v. United States, et al

Firebaugh claimed that a lack of adequate drainage in part of the Central Valley Project (CVP) caused poor quality water flow into its service area. Firebaugh argued that Interior should be ordered to provide the necessary drainage or, alternatively, to pay money damages. The court held that Interior’s broad discretion in matters of drainage precluded both claims. Firebaugh’s proposals did not involve discrete actions that Interior was legally required to take; rather, they involved matters of discretion and, as such were beyond the scope of the Administrative Procedure Act (APA), 5 U.S.C. 706(1). Providing irrigation water without concomitantly providing adequate drainage for it was a discretionary function and, therefore, not actionable under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2674.

Firebaugh Canal Water District, et al v. United States, et al