Free Exhibit List - District Court of Federal Claims - federal

Case 1:04-cv-00541-CCM

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER CONSERVATION DISTRICT, SAN JOAQUIN COUNTY, STOCKTON CITY, CALIFORNIA WATER SERVICE COMPANY, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 04-541 L Judge Christine Odell Cook Miller

DEFENDANT'S TRIAL EXHIBIT LIST Pursuant to RCFC Appendix A, ¶ 16, Defendant, the United States of America, hereby provides its list of exhibits that it expects to offer at trial for case-in-chief or rebuttal purposes. Based on Defendant's review of Plaintiffs' Exhibit List (Doc. 110), Defendant has also compiled a Proposed List of Joint Exhibits that includes exhibits that appeared on both Plaintiffs' Exhibit List and Defendant's preliminary exhibit list. Defendant is filing this Proposed List of Joint Exhibits separately, and reserves the right to add any of those exhibits to its exhibit list for trial should Plaintiffs object to the joint designation. Defendant also reserves the right to use any of the exhibits listed in Plaintiffs' Exhibit List.

1

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Defendant's Trial Exhibit List
Def.'s Trial Exhibit Number Description House Document No. 453, 87th Cong., 2d Session, dated June 25, 1962 1 CAFG Report to SWRCB (effects on NM) dated 10/1/72 2 Agreement and Stipulation between the United States Bureau of Reclamation, MidPacific Region and the Oakdale Irrigation District and the South San Joaquin Irrigation District, dated Oct. 24, 1972 Letter from San Joaquin Branch to Regional Director re Fishery Releases New Melones Reservoir with attachments, dated Nov. 6, 1972 Correspondence to SWRCB from DOI, dated 12/01/1972 SWRCB Summary of New Melones Reservoir Operation Study, dated April 27, 1979 New Melones Dam and Lake Report on Reservoir Regulation for Flood Control, dated January 1980 Letter from SEWD to various individuals regarding amendatory contract, with enclosure, dated Feb. 21, 1980 Statement of Stockton East Water District supplementing oral presentation at public hearing on Draft to FEIS. Dated 7/17/80

Bates Number

Date 6/25/62

CJ00340-428

10/1/72

3

USEX000088

10/24/72

4 5

US_000988 US_004503

11/6/72 12/1/72

6

SE07348

4/27/79

7

1/1/80

8

CJ00063

2/21/80

9

CJ01644

7/17/80

10 11 12

13

Correspondence from State Water Resource Agency to U.S. Bureau of Reclamation re review of Stanislaus River Basin Alternative & Water Allocation, Special Report. Dated 11/6/80 SE06281 State Water Resource Control Board Order WR 80-20 State Water Resource Control Board Order WR 81-1 Announcement from BOR regarding New Melones Water Service Areas, dated July 1, 1981 CJ00316-320

11/6/80 11/20/80 1/14/81

7/1/81

2

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Def.'s Trial Exhibit Number Description U.S. Bureau of Reclamation's advance copy of News Release re negotiations for contracts for sale of firm/interim water supplies. Dated 7/1/81 14

Bates Number

Date

CJ01921

7/1/81

15

16 17 18 19

Summary Minutes of Water Action Plan Steering Comm. Mtg Dated 3/11/82 SE07807 Letter from BOR to SEWD regarding proposed contract, with contract attached, dated May 4, 1982 US_006465 State Water Resources Control Board Order WR 82-3, dated May 20, 1982 USEX000034 State Water Resource Control Board Order WR 82-4, dated June 17, 1982 State Water Resource Control Board Order WR 82-9, dated Aug. 19, 1982 Memorandum from SWRCB of the Chief counsel regarding Interpretation of term "firm commitments," dated Mar. 1, 1983 Correspondence from Reid Roberts to Grant Thompson regarding contract and water deliveries, dated Mar. 3, 1983 State Water Resources Control Board Order WR 83-4, dated Mar. 17, 1983 State Water Resources Control Board Order WR 83-7, dated June 1, 1983 Correspondence from SWRCB to BOR regarding water conservation plans, with Nov. 22, 1983 letter from BOR to SWRCB attached, dated Dec. 14, 1983 Protest by CAFG to BOR's application, dated Mar. 6, 1984 Correspondence from State Water Resource Control Board to U.S. Bureau of Reclamation (Houston) regarding extension to file water conservation plans. Dated 10/29/84

3/11/82

5/4/82 5/20/82 6/17/82 8/19/82

20

SE11766

3/1/83

21 22 23

CJ01850

3/3/83 3/17/83 6/1/83

24 25

SE11739 SE06515

12/14/83 3/6/84

26

US005728

10/29/84

27 28

29

Inner-office Memo to Reg. Supervisor from Reg. Planning Officer re: water conservation requirements. Dated 11/5/84 US005727 Map of CVP-Delta Division, dated January 1985 US_059173 Order from State Water Resource Control Board No. 16597, dated August 9, 1985, amending Permit No. 16597 USEX001009

11/5/84 1/1/85

8/9/85

3

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Def.'s Trial Exhibit Number Description Letter from SWRCB to DFG regarding New Melones, dated Sept. 11, 1985 30 Letter from Ed Steffani to SEWD Directors, dated Feb. 14, 1986 31 Letter from SWRCB to BOR regarding New Melones Applications, with attachment, dated April 30, 1986 32 Agreement for Framework for Settling Litigation Brought by South Delta Water Agency, dated September 29, 1986 33 Agreement between Reclamation and Tuolumne Regional Water District, dated June 8, 1987 34 State Water Resource Control Board Order WR 88-6 35 Letter from BOR to DFG, dated Apr. 21, 1988 36 Correspondence from BOR to Central regarding water rights, dated 5/5/88 Correspondence to George Nokes from Donald Paff, dated 6/1/1988 Correspondence from E. Steffani to BOR regarding water availability in June 1989, dated July 25, 1988

Bates Number US_005693 CW00714

Date 9/11/85 2/14/86

US_001482

4/30/86

SE10926

9/29/86

6/8/87 4/6/88 US_008378 4/14/88

37 38

US_002447 US_008371

5/5/88 6/1/88

39

SE16074

7/25/88

40

Correspondence form BOR to SEWD regarding 1989 water supply, dated 8/22/88 SE14542 Agreement and Stipulation between the United States, Bureau of Reclamation, MidPacific Region and the Oakdale Irrigation District and the South Dan Joaquin District, dated Aug. 30, 1988 USEX000079 Calaveras-Stanislaus Conjunctive Use Study sent by Steffani, dated 11/22/1988 Correspondence to Donald Paff from George D. Nokes regarding proposed fishery schedule, dated Feb. 23, 1989 Correspondence to all Stanislaus River Basin and Calaveras River Water Use Program Participants Correspondence from BOR to SWRCB regarding DO levels at Vernalis, dated Jan. 2, 1990 Correspondence from SWRCB to BOR re DO levels at Vernalis, dated Jan. 31, 1990

8/22/88

41

8/30/88

42

SE14155

11/22/88

43

US_008361

2/23/89

44

SE14110

12/7/89

45

SE01483

1/2/90

46

SE01468

1/31/90

4

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Def.'s Trial Exhibit Number Description Correspondence from DFG to BOR regarding fish schedule, dated Apr. 16, 1990 47

Bates Number

Date

SE01495

4/16/90

48

49

Correspondence from BOR to DFG regarding fish schedule, dated May 8, 1990 SE01492 Correspondence form SEWD to BOR regarding water request, dated Sept. 18, 1990 US059214 Correspondence from BOR to SEWD re water request, dated Oct. 12, 1990 Correspondence from BOR to DFG regarding DO levels at Vernalis, dated Nov. 2, 1990 Correspondence from DFG to BOR regarding DO levels at Vernalis, dated Sept. 17, 1990 Correspondence from BOR to DFG regarding salmon recovery project on Stanislaus River, dated Nov. 23, 1990 Correspondence from BOR to Central regarding water shortage, dated Feb. 16, 1991

5/8/90

9/18/90

50

SE20701

10/12/90

51

SE01524

11/2/90

52

SE01530

9/17/90

53

SE01537

11/23/90

54

US002490

2/16/91

55

Correspondence from BOR to DFG regarding fishery flows, dated Mar. 5, 1991 SE01554 Memoranda from Bureau to Files regarding meeting, dated Mar. 13, 1991 Correspondence from DFG to BOR regarding fishery flows, dated Mar. 28, 1991 SE01556 Correspondence from BOR to SWRCB regarding DO levels at Ripon, dated June 27, 1991 SE01584 Correspondence from DFG to BOR regarding fish flows, dated Oct. 4, 1991 SE01652 City of Stockton "Urban Water Shortage Contingency Plan". Dated January, 1992 Correspondence from DFG to BOR regarding fishery production goals, dated Aug. 25, 1992 Memo from E. Steffani to BOD re: conveyance project Dated 12/4/92

3/5/91

56

3/14/91

57

3/28/91

58 59

6/27/91 10/4/91

60

CW00207

1/1/92

61

SE21072

8/25/92

62

SE16586

12/4/92

63

Intentionally Left Blank

5

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Def.'s Trial Exhibit Number Description National Marine Fisheries Service's Biological Opinion for Winter-Run Salmon, dated Feb. 12, 1993 64 Letter from FWS to BOR regarding preliminary FWS specifications on Management of 800,000 AF for fish, dated Feb. 12, 1993 65 Memo from Regional Director to interested parties regarding criteria for evaluating water conservation plans, dated Apr. 30, 1993 66 Memo From Steffani to BOD re U.S. Bureau of Reclamation's claim of no water available. Dated 7/2/93 67 Correspondence to Steffani from Marvin Plenert, dated 8/27/1993 68 Correspondence from FWS to SEWD regarding meeting, dated Nov. 1, 1993 69 Memorandum from DFG to FWS regarding Management of 800,000 AF of water for fish, dated Jan. 21, 1994 70

Bates Number

Date

US032264

2/12/93

SE05439

2/12/93

US_006215

4/30/93

SE15613 SE15662 SE15670

7/21/93 8/27/93 11/1/93

SE01764

1/21/94

71 72

Memorandum from FWS to BOR regarding Management of 800,000 AF for water year 1994, dated Feb. 28, 1994 SE07975 DOI News Release, dated Mar. 14, 1994 SE05748 Correspondence from DFG to BOR regarding fish flow releases, dated Mar. 29, 1994 SE01795 FWS policy guidance regarding use of 800,000 AF, dated Apr. 14, 1994 SE01832 Memorandum from BOR to FWS regarding management of 800,000 AF, dated 5/26/93 SE01848 Correspondence from DFG to BOR regarding fish flows, dated Sept. 29, 1994

2/28/94 3/14/94

73 74

3/29/94 4/14/94

75

5/26/94

76

SE01875

9/29/94

77

78

Correspondence from Stockton East Water District's Attorney to ACWA. Legal Affair Comm. re Oakdale's opposition to ACWA support of litigation between Stockton East Water District and US. Dated 11/23/94 SE05797 Correspondence from SEWD to BOR regarding water conservation plan, dated Dec. 15, 1994 US007354

11/23/94

12/15/94

6

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Def.'s Trial Exhibit Number Description National Marine Fisheries Service's Amended Biological Opinion for WinterRun Chinook Salmon (December 30, 1994) Correspondence from DFG to BOR regarding fish flow schedule, dated Mar. 6, 1995 U.S. Fish & Wildlife Service's Biological Opinion for Delta Smelt 3/6/95 Letter from DFG to FWS regarding comments on FWS's preliminary flow objectives for the 800,000 AF, dated Mar. 14, 1995 Correspondence from BOR to DFG regarding fish flow requirements, dated Mar. 31, 1995

Bates Number

Date

79

USEX000526

12/30/94

80 81

SE01947 USEX000541

3/6/95 3/6/95

82

SE02048

3/14/95

83

SE01963

3/31/95

84

Correspondence from Natural Heritage Institute to U.S. Bureau of Reclamation re: possible delivery of project water to Stockton East Water District. Dated 4/11/95 SE15737 Correspondence from U.S. Bureau of Reclamation to J. Zolezzi re: enclosed correspondence to Natural Heritage requesting info on delivery of 10,000acf to Stockton East Water District. Dated 4/17/95 US007267 Environmental Report accompanying Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary, dated May 1995

4/11/95

85

4/17/95

86

5/1/95

87 88

89

Correspondence from Reid & E. Steffani re:1995 water deliveries Dated 5/3/95 SE08076 Working Paper on Restoration Needs, Vol. I-III, dated May 9, 1995 Memorandum from USFW (Ecological Services) to Bureau regarding Water Use Program, dated May 17, 1995 US029443 National Marine Fisheries Service's Amended Biological Opinion For WinterRun Chinook Salmon (May 17, 1995) California State Water Resources Control Boards Water Quality Control Plan (May 1995)

5/3/95 5/9/95

5/17/95

90

US052005

5/17/95

91

USEX000480

5/22/95

7

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Def.'s Trial Exhibit Number Description Correspondence from Reid W. Roberts to Cliff Quinton, dated May 23, 1995 92 Correspondence from BOR to SEWD regarding water conservation plan, dated June 21, 1995 93 Correspondence from SEWD to BOR regarding Water conservation plan, dated July 6, 1995 94 Correspondence from D.B. Thompson to Edward Steffani dated July 11, 1995 95 Correspondence from T. O'Laughlin to Stockton East Water District BOD re: operation of tri-dam project. Dated 7/25/95 Correspondence from BOR to FWS regarding FWS's management of 800,000 AF of water for fish, dated July 27, 1995 Correspondence from Central to BOR regarding water delivery, dated July 28, 1995 Correspondence from BOR to SWRCB regarding water conservation plan for Central, dated Aug. 7, 1995 Correspondence from SWRCB to BOR regarding Central's water conservation plan, dated Aug. 9, 1995 Correspondence from SWRCB to BOR regarding water conservation plan for Central, dated Aug. 10, 1995 Correspondence from BOR to SWRCB regarding water conservation plan for SEWD, dated Aug. 17, 1995 Correspondence from SWRCB to BOR regarding SEWD water conservation plan, dated Aug. 28, 1995 State Water Resource Control Board Order WR 95-14 Letter from Dale Hall, et al. to Interested Parties with Guidelines for Section 3406(b)(2) Water attachment, dated Sept. 12, 1995 Agreement between the City of Stockton, California Water Service Company, the County of San Joaquin, Stockton East Water District and Central San Joaquin Water Conservation District, dated Sept. 25, 1995

Bates Number US_000308

Date 5/23/95

US007218

6/21/95

US007217 US023291

7/6/95 7/11/95

96

SJ01562

7/25/95

97

SE02361

7/27/95

98

US_000302

7/28/95

99

US006213

8/7/95

100

SE11623

8/9/95

101

SE21406

8/10/95

102

SE11612

8/17/95

103 104

SE11620

8/28/95 9/6/95

105

9/12/95

106

USEX000822

9/25/95

8

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Def.'s Trial Exhibit Number Description Correspondence from SWRCB to BOR regarding SEWD's complaint, dated Oct. 23, 1995 107 Correspondence from Thomas J. Shephard, Sr. to Edward W. Anton, dated Nov. 2, 1995 108 State Water Resource Control Board WR Order 95-18, dated Nov. 2, 1995 109 Correspondence from BOR to SWRCB regarding response to SEWD's complaint, Dec. 4, 1995 110 Correspondence from BOR to SEWD and Central regarding Rescheduling unused 1995 water, dated Dec. 6, 1995 Correspondence from BOR to Central and SEWD regarding rescheduling guidelines, dated Dec. 28, 1995 Correspondence from BOR to SEWD and Central regarding rescheduling, dated Jan. 10, 1996 Correspondence from Central to BOR regarding rescheduling 1995 water, dated Jan. 12, 1996 Correspondence from BOR to SEWD and Central regarding water deliveries, dated Jan. 29, 1996 Correspondence from BOR to SEWD regarding water conservation plan, dated Jan. 30, 1996

Bates Number

Date

US_006188

10/23/95

US_006160 USEX001099

11/2/95 11/2/95

US_006166

12/4/95

111

SE02433

12/6/95

112

SE02463

12/28/95

113

US003538

1/10/96

114

CJ00704

1/12/96

115

US027094

1/29/96

116

US007993

1/30/96

117

118

Memorandum from BOR regarding Recirculation Study, with draft Recirculation Study attached, dated Feb. 8, 1996 US008853 Correspondence from BOR to DFG regarding fish schedule, dated Feb. 20, 1996 SE02509 Correspondence from Jeanne M. Zolezzi to Kenneth R. Beyer, dated Mar. 21, 1996 Correspondence from SEWD to BOR regarding 1996 releases, dated Apr. 2, 1996 Additional Information regarding the 1996 CVP Water Supply Allocation, dated April 15, 1996 Correspondence from DFG to BOR regarding fish flow for fish, dated Apr. 17, 1996

2/8/96

2/20/96

119

US_006141

3/21/96

120

SE02570

4/2/96

121

SE15836

4/15/96

122

SE02580

4/17/96

9

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Def.'s Trial Exhibit Number Description Bates Number Correspondence from BOR to SEWD regarding 1996 water deliveries, dated Apr. 17, 1996 123 US000361 Correspondence from BOR to SEWD regarding 1996 water deliveries, dated Apr. 30, 1996 124 US012197 Planning and Accounting for Water Mngmt Under CVPIA, prepared May 1996 Correspondence from Bureau & USFW to Interested Parties, with Draft CVPIA Administrative Proposal for the Stanislaus River attached, dated 5/31/96 Correspondence to FWS and BOR from DOI with Draft CVPIA Administrative Proposal for the San Joaquin River attached, dated 6/14/1996 Draft Administrative Proposal for Section 3406(b)(2) with May 28, 1996 memorandum from FWS to BOR regarding Final Guidelines for (b)(2) water attached, dated July 1, 1996 Letter from FWS to BOR regarding use of 800,000 AF for 1996-1997, dated July 1, 1996 Correspondence from Stockton East Water District to U.S. Bureau of Reclamation re: CVPIA water management plan. Dated 7/12/96 Correspondence from BOR to SWRCB regarding planned coordinated operations, dated Aug. 5, 1996 Correspondence from T. O'Lauglin to All Parties re: Outline or New Melones Operations- 1996, 1997 Dated 10/9/96 Correspondence from SWRCB to SEWD regarding Complaint against BOR, with analysis attached, dated Oct. 21, 1996 Correspondence from BOR to SEWD regarding guidelines for rescheduling 1996 water, dated Nov. 14, 1996 Correspondence from Zolezzi to Kjelson at State Water Resource Control Board, dated 11/25/96 Letter from SEWD to SWRCB regarding complaint against BOR, dated Nov. 27, 1996

Date

4/17/96

4/26/96

125

SE15149

5/21/96

126

SE02641

5/31/96

127

SE21568

6/14/96

128

7/1/96

129

7/1/96

130

SE08228

7/12/96

131

SE08251

8/5/96

132

SE02745

10/9/96

133

SE16383

10/21/96

134

SE16244

11/14/96

135

SE08305

11/25/96

136

US_006122

11/27/96

10

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Def.'s Trial Exhibit Number Description Correspondence from BOR to SEWD regarding rescheduling, dated Dec. 18, 1996 137 Correspondence from E. Steffani to J. Garamendi re: Stan. River and NM Operations. Dated 12/18/96 138

Bates Number

Date

US007956

12/18/96

SE06013

12/18/96

139 140 141

142

143

Correspondence from County Public Works to Board of Supervisor recommending approval of Water Transfer Agreement between Oakdale South San Joaquin, and Stockton East Water District, et al. Approve Urban Contractors Agreement and authorize Chairman to execute both agreements. Dated 1/21/97 SJ04475 Oversight Hearing, US House of Reps, Serial No. 105-21, dated 3/20/1997 US020422 Plan of Study, Stanislaus River fishery Study, dated 4/1/87 SE01810 Agreement Between The City of Stockton, the California Water Service Company, Lincoln Village Maintenance District, Colonial Heights Maintenance District and Stockton East Water District Water District, dated 4/1/97 SE17083 -SE17089 Correspondence from BOR to FWS regarding request for concurrence, dated Apr. 4, 1997 SE08367 Memorandum from FWS to BOR regarding request for concurrence, dated Apr. 8, 1997 Correspondence from U.S. Bureau of Reclamation to E. Kisling re 1997 water to Stockton East Water District & Central. Dated 5/9/97 Correspondence from BOR to DFG regarding fish schedule, dated May 14, 1997 Revised Draft Restoration Plan for the Anadromous Fish Rest. Prog., dated 5/30/1997 Correspondence from U.S. Bureau of Reclamation (Aikens) to Steffani regarding updated water conservation plan. Dated 6/03/97 CVPIA Administrative Proposal on San Joaquin River, dated 6/9/1997

1/21/97 3/20/97 4/1/97

4/1/97

4/4/97

144

SE06042

4/8/97

145

SE03005

5/9/97

146

SE02599

5/14/97

147

SE21780

5/30/97

148 149

US007935 SE16932

6/3/97 6/9/97

11

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Def.'s Trial Exhibit Number Description Letter from Roger Patterson et al. to Interested Parties with CVPIA Administrative Proposal for Stanislaus River attached, dated June 23, 1997 150 CVPIA Draft Administrative Proposal on Anadromous Fish Restoration Program, dated June 24, 1997 151 Correspondence to CVP Stakeholders from FWS and BOR regarding CVPIA AFRP Administrative Proposal, dated June 24, 1997 152 Correspondence from California Water Service Company to Ed Steffani of Stockton East Water District, re: New Melones Water Use-1997 Dated 7/7/97 153 Correspondence from City of Stockton to SEWD regarding New Melones Water Use 1997, dated July 8, 1997 154 Correspondence to Morris Allen from Steffani, dated June 8, 1997 155 Report to Congress: Implementation and Budget Plan for the CVPIA, Fiscal Yr. 19982002 156 Agreement between the City, Cal Water, County, Stockton East Water District and Central. Dated 8/19/97 157 Memorandum from Solicitor to Deputy Secretary, dated 11/19/97 158 Correspondence from BOR and FWS to CVP Stakeholders, with CVPIA Final Administrative Proposal for Management of Section 3406(b)(2) Water (800,000 AF) attached, dated Nov. 20, 1997 Correspondence form BOR to Central regarding compliance issues, dated Jan. 28, 1998 Correspondence from BOR to DFG regarding preliminary schedule for fish, dated Mar. 5, 1998 Correspondence from BOR to Central regarding 1998 water deliveries, dated Mar. 30, 1998

Bates Number

Date

SE21752

6/23/97

SE21794

6/24/97

SE21803

6/24/97

SJ01478-SJ01479

7/7/97

SJ01476 SE18075

7/8/97 6/26/97

US_020553

8/1/97

SJ04510 SE06065

8/19/97 11/19/97

159

SE03144

11/20/97

160

US000277

1/28/98

161

SE03299

3/5/98

162

US000276

3/30/98

163 164

Correspondence from BOR to Stanislaus Stakeholders regarding commitment to the stakeholder process, dated July 2, 1998 US_026551 Correspondence to Patterson from Zolezzi, dated 9/25/1998 US_007849

7/2/98 9/25/98

12

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Def.'s Trial Exhibit Number Description Bates Number Correspondence from NOAA to BOR regarding Stanislaus River releases, dated Oct. 30, 1998 165 SE03486 State Water Resource Control Board Order WR-98-09, dated 12/3/98 166 SE08560 167 Biological Assessment-CVP, dated 1/99 Correspondence from SEWD to BOR regarding 1999 water deliveries, dated Jan. 11, 1999 State Water Resources Control Board Hearing 1988-Bay-Delta Water Rights Public Hearing -2/16/99 State Water Resource Control Board Order WR 99-002, dated Mar. 3, 1999 State Water Resource Control Board, Water Right Order 2000-02, dated Mar. 15, 1999 State Water Resources Control Board BayDelta Water Rights Hearing - Supplemental Testimony to be presented by John Renning, dated Mar. 16, 1999 The San Joaquin River Agreement signed 4/12/99 Correspondence from SWRCB to NMFS regarding water purchase, dated Aug. 9, 1999 CVPIA Programmatic EIS and Record of Decision, dated October 1999 State Water Resources Control Board D1641, dated Dec. 29, 1999 Memorandum from SEWD to Kevin Kauffman, dated Mar. 3, 2000 SE08597

Date

10/30/98 12/3/98 1/1/99

168

SE16163

1/11/99

169 170

2/16/99 SE08657 3/3/99

171

PLEX000566

3/15/99

172 173

3/16/99 SE08679 4/12/99

174 175 176 177

SE17791

8/9/99 10/1/99

USEX000114 SE21878

12/29/99 3/3/00

178

179

180

Letter from BOR to SWRCB regarding protest filed by SEWD, dated Mar. 7, 2000 US_027127 Correspondence from SEWD to OID/SSJID regarding water transfer agreement, dated Mar. 27, 2000 SE18173 Correspondence from SEWD to BOR et al., regarding water deliveries, dated Apr. 17, 2000 SE18170 Final Anadromous Fish Restoration Plan, released as a revised draft on May 30, 1997 and adopted as final 1/9/01

3/7/00

3/27/00

4/17/00

181

US050082

1/9/01

13

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Def.'s Trial Exhibit Number Description

Bates Number

Date

182

183

184

Correspondence from BOR to FWS regarding Water Year 2002 Vernalis Flow Objective Operations, dated Mar. 28, 2002 SE03821 Correspondence from DFG to BOR regarding fish releases, dated May 16, 2002 SE03830 Correspondence from SWRCB to SEWD regarding request for meeting on Vernalis flow, dated June 20, 2002 SE17208 Sacramento and San Joaquin River Systems Schematic, last revised Jan. 2003 Memorandum from FWS to BOR regarding management of 800,000 AF under CVPIA, dated 2/12/03 Correspondence from DFG to BOR regarding fish releases, dated Mar. 20, 2003 Correspondence from BOR to SWRCB regarding requested information, dated Apr. 23, 2003 Correspondence from BOR to DFG regarding fishery allocation, dated Apr. 24, 2003 Correspondence from BOR to SWRCB regarding temporary relief from standard, dated May 16, 2003 State Water Resource Control Board Notice of Petition, dated June 4, 2003 Correspondence from BOR to SWRCB regarding temporary relief from standard, dated July 18, 2003 Correspondence from SWRCB to BOR regarding temporary relief from standard, dated Aug. 5, 2003 New Melones Lake Operations -Goodwin Release Log, starting 10/01/03 Correspondence from BOR to SWRCB regarding temporary relief from standard, dated Jan. 26, 2004 Memo from Superintendent to Stockton East Water District BOD re: operations Dated 2/11/04 Correspondence from SWRCB to BOR regarding temporary relief from standard, dated Feb. 25, 2004

3/28/02

5/16/02

6/20/02

185

1/1/03

186

SE05439

2/12/03

187

SE04096

3/20/03

188

SE17359

4/23/03

189

SE04121

4/24/03

190 191

SE09026 SE22145

5/16/03 6/4/03

192

SE09032

7/18/03

193

SE22160

8/5/03

194

US030908

10/1/03

195

SE24334

1/26/04

196

SE24330

2/11/04

197

SE24369

2/25/04

14

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Def.'s Trial Exhibit Number Description

Bates Number

Date

198

State Water Resource Control Board Order WR 2004-0005, dated Feb. 25, 2004 SE24375 Correspondence from BOR to SWRCB regarding final studies, dated Mar. 23, 2004 SE09024 Correspondence from BOR to DFG regarding fish flows, dated Mar. 24, 2004 Correspondence from BOR to SWRCB regarding temporary relief from standard, dated Apr. 6, 2004 Long-Term Central Valley Project Operations Criteria and Plan (CVP-OCAP), dated June 30, 2004 Correspondence from U.S. Bureau of Reclamation to Stockton East Water District attorney re: implementation of HR 2828. Dated 1/4/05 Correspondence from BOR to SWRCB regarding temporary relief from standard, dated Feb. 1, 2005

2/25/04

199

3/23/04

200

SE17745

3/24/04

201

SE09021

4/6/04

202

6/30/04

203

SE24461

1/4/05

204 205

SE24475

2/1/05 3/15/05

206

207

DOI News Release, dated Mar. 15, 2005 SE24488 Correspondence from Central to BOR regarding water delivery schedule 2005, dated May 19, 2005 US035589 Correspondence from BOR to Central regarding allocation of project water, dated May 26, 2005 US035585 Letter from SEWD to BOR regarding water delivery in 2005, dated Sep. 13, 2005 Correspondence from BOR to Central and SEWD regarding preliminary estimates of water delivery, dated Jan. 29, 2006 US016377 Estimated Yearly Natural Production of FallRun Salmon for the Stanislaus River, 19522005 Expert Rebuttal Report by Peggy Manza, dated Aug. 25, 2006 Report by U.S. Bureau of Reclamation re: contract negotiations, (no date) SE06349 Line item changes to contract between Stockton East Water District and U.S. Bureau of Reclamation (no date) SE09433 Unauthored report re: questions and answers on proposed NM contract. no date SE09513

5/19/05

5/26/05

208

9/13/05

209

1/29/06

210 211 212

3/22/06 8/25/2006 undated

213

undated

214

undated

15

Case 1:04-cv-00541-CCM

Document 123

Filed 10/10/2006

Page 16 of 17

Def.'s Trial Exhibit Number Description Testimony transcript of Betty Riley- Before State Water Resource Control Board re: NM Project and Dec. 1422 (no date) New Melones Water Conveyance Project Summary Report (no date). Map of the Central Valley Project SEWD Fact Sheets, undated Map of Blocked and Remaining Chinook Salmon and Steelhead Trout Spawning and Rearing Habitat (no date) 1992 Inflows (Forecasted and Actual) for February, March, April 2005 Inflows (Forecasted and Actual) for February, March, April February 90% Exceedence Forecasts for 1992-2006 New Melones Reservoir, Annual Inflow (1928-2004) Graphs showing New Melones Reservoir Inflow, Releases, and Storage (1987-2006) Stanislaus River Operations, Data from DOI Daily Accounting (Oct. 2003-Sept. 2004) Historical Releases to Stanislaus River from New Melones Reservoir (1991-2006) Graphic Showing 12 Month Forecast Process Graphic Showing CVP Features summary of schedules and deliveries summary of releases by year Agreement between Reclamation and Calaveras County Water District, dated July 31, 1972 Agreement between Reclamation and Tuolumne County Water District, dated Nov. 29, 1972

Bates Number

Date

215 216 217 218

SE11790 SJ04031 USEX000025 CS00113-end

undated undated undated undated

219 220 221 222 223

undated undated undated undated undated

224

undated

225

undated

226 227 228 229 230

undated undated undated undated undated

231

7/31/72

232

11/29/72

16

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Document 123

Filed 10/10/2006

Page 17 of 17

Dated: October 9, 2006

Respectfully submitted, SUE ELLEN WOOLDRIDGE Assistant Attorney General Environment and Natural Resources Division s/ William J. Shapiro WILLIAM J. SHAPIRO United States Department of Justice Environment and Natural Resources Division Natural Resources Section 501 I Street, Room 9-700 Sacramento, CA 95814 (tel) (916) 930-2207 Counsel of Record for Defendant

KRISTINE S. TARDIFF United States Department of Justice Environment and Natural Resources Division 53 Pleasant Street, 4th Floor Concord, NH 03301 LUTHER L. HAJEK United States Department of Justice Environment and Natural Resources Division P.O. Box 663 Washington, DC 20044-0663 OF COUNSEL: SHELLY RANDEL United States Department of the Interior Office of the Solicitor Branch of Water and Power Division of Land and Water Resources 1849 C St., N.W. Washington, DC JAMES E. TURNER Assistant Regional Solicitor United States Department of the Interior Office of the Regional Solicitor Pacific Southwest Region 2800 Cottage Way, Room E-1712 Sacramento, CA 95825

17