BILLY J. WILLIAMS, OSB #901366 

United States Attorney 

District of Oregon 

KEVIN DANIELSON, OSB # 065860 

Assistant United Stales Attorney 

kevin.c.danielson@usdoj.gov 

I 000 SW Third Avenue, Suite 600 

Portland, Oregon 97204-2902 

Telephone: (503) 727-1000 

Facsimile: (503) 727-I I I7 

JOHN C. CRUDEN, Assistant Attorney General 

SETH M. BARSKY, Section Chief 

MICHAEL R. EITEL, Senior Trial Attorney 

U.S. Department of.Justice 

Environment & Natural Resources Division 

Wildlife & Marine Resources Section 

999 18th Street, South Terrace, Suite 370 

Denver, Colorado 80202 

Tel: (303) 844-1479 /Fax: (303) 844-1350 

Email: Michael.Eitel@usdoj.gov 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

EUGENE DIVISION 

CENTER FOR BIOLOGICAL DIVERSITY, 

ct al., 

Plaintiffs, 

v. 

U.S. BUREAU OF RECLAMATION, et al., 

Defendants, 

and 

ARNOLD IRRIGATION DISTRICT, ct al., 

Intervenor-Defendants. 

Case No.: 6: J 5-cv-02358-JR 

(consolidated with 6: I 6-cv-00035-JR) 

STIPULATED SETTLEMENT 

AGREEMENT AND 

ORDER 

Case 6:15-cv-02358-JR Document 73 Filed 11/09/16 Page 1 of 15
Plaintiffs (Center for Biological Diversity and WaterWatch of Oregon), Federal 

Defendant (the U.S. Bureau of Reclamation), and the Irrigation District Defendants and 

Defenclant-Intervenors (Arnold Irrigation District, Central Oregon Irrigation District, Lone Pine 

Irrigation District, North Unit Irrigation District, and Tumalo Irrigation District), by and through 

undersigned counsel, enter into the following Stipulated Settlement Agreement ("Agreement") 

for the pmpose of resolving the above-captioned litigation. 

WHEREAS, the Center for Biological Diversity filed a lawsuit against the U.S. Bureau 

of Reclamation ("Reclamation") on December 18, 2015 (ECF I, 15-cv-2358 (D. Or.)); 

\VHEREAS, WatcrWatch of Oregon filed a lawsuit against Reclamation and Central 

Oregon Irrigation District, North Unit Irrigation District, and Tumalo Irrigation District 

("Districts") on January 11, 2016, and a First Amended Complaint on the same clay (ECF 4, 16-

cv-35 (D. Or.)); 

WHEREAS, the Center for Biological Diversity's and Water Watch of Oregon's lawsuits 

were consolidated on January 20, 2016 (ECF 14); 

'WHEREAS, the Arnold !l'rigation District, Central Oregon Irrigation District, Lone Pine 

Irrigation District, North Unit Irrigation District, and Tumalo Irrigation District were granted 

leave to intervene (ECF 12), and the Confederated Tribes of the Warm Springs Reservation of 

Oregon and the State of Oregon were individually granted leave to participate as amici (ECF 13, 

35); 

WHEREAS, the Center for Biological Diversity asserts that Reclamation violated the 

Freedom of Information Act ("FOIA") by improperly withholding certain materials when it 

responded to the Center for Biological Diversity's April 28, 2015 FOIA request; 

\VHEREAS, Reclamation subsequently released to the Center for Biological Diversity 

all of the information it had originally redacted in its September 30, 2015 response to the Center 

for Biological Diversity's FOIA request, except for redacted content in one email; 

Page 1 Stipulated Settlement Agreement and Order 

Ctr. for Biological Diversity v. Bureau of Reclamation; l 5-cv-2358-JR; 16-cv-35-JR 

Case 6:15-cv-02358-JR Document 73 Filed 11/09/16 Page 2 of 15
WHEREAS, the Center for Biological Diversity and WaterWatch of Oregon assert that 

Reclamation has violated Section 7(a)(2) and Section 7(d) of the Endangered Species Act 

("ESA"), 16 U.S.C. §§ 1536(a)(2), (d), by failing to complete a consultation with the U.S. Fish 

and Wildlife Service ("FWS") on the effects of operating Wickiup and Crane Prairie dams on 

Oregon spotted frogs and that Reclamation has violated Section 9 of ESA, 16 U.S.C. § 1538, by 

taking Oregon spotted frogs without an exemption or permit; 

WHEREAS, WaterWatch of Oregon asserts that the Districts have violated Section 9 of 

ESA, 16 U.S.C. § 1538, by taking Oregon spotted frogs without an exemption or permit; 

WHEREAS, WatcrWatch of Oregon and the Center for Biological Diversity 

(collectively, "Plaintiffs") filed a motion for preliminary injunctive relief on February 9, 2016 

(ECF 20), which the Court denied on April 6, 2016 (ECF 67); 

WHEREAS, by letter dated September 18, 2015, Reclamation initiated consultation with 

FWS under Section 7(a)(2) of the ESA, 16 U.S.C. § 1536(a)(2) (ECF 21-9 at 2), Reclamation 

intends lo complete a biological assessment prepared pursuant to 16 U.S.C. § 1536(c) in 2016, 

and FWS will work diligently to complete the biological opinion by July 31, 2017 (ECF 38 at 7-

8; ECF 21-9 at 11; ECF 21-9 at 33); 

WHEREAS, Reclamation has submitted a letter to FWS requesting that FWS limit the 

duration of any Incidental Take Statement issued pursuant to 16 U.S.C. § I 536(b )(3)(A) to July 

31, 2019, and FWS intends to consider limiting the duration of any Incidental Take Statement to 

July 31, 2019, if consistent with applicable laws; 

WHEREAS, the Department of the Interior has certain obligations to amicus curiae 

Confederated Tribes of the Warm Springs Reservation of Oregon, see, e.g., Secretarial Order 

3206, and the Department of the Interior, acting through its agencies, intends to coordinate with 

the Warm Springs Tribes during the ESA consultation initiated by Reclamation on September 

18, 2015 to address Secretarial Order 3206 and its trust responsibility generally; 

Page 2 Stipulated Settlement Agreement and Order 

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Case 6:15-cv-02358-JR Document 73 Filed 11/09/16 Page 3 of 15
WHEREAS, the Districts have convened an Oregon Spotted Frog technical team to 

provide scientific and technical input on issues relating to the Districts' operations of Crane 

Prairie, Wickiup, and Crescent Lake darns and reservoirs, and Reclamation and FWS experts and 

representatives intend to continue participating, in good faith, on the technical team during the 

duration of the ESA consultation process; 

WHEREAS, Plaintiffs'. representative Theresa Simpson has expressed a desire to 

observe Oregon spotted frogs in the Upper Deschutes sub-basin under an existing scientific 

research permit that FWS has issued tmder Section lO(a)(l)(A) of the ESA, 16 U.S.C. § 

1539(a)(l)(A), and FWS believes that this request can be accommodated and will work with 

Theresa Simpson to discuss and evaluate options for Ms. Simpson to observe Oregon spotted 

frogs under the provisions of an existing scientific research permit; 

WHEREAS, Plaintiffs, the Districts, and Reclamation (collectively referred to as "the 

Parties"), through their authorized representatives and without any admission of fact or law with 

respect to Plaintiffs' claims, have reached a settlement resolving all claims contained in 

Plaintiffs' Complaint (ECF I, I 5-ev-2358) and First Amended Complaint (ECF 4, I 6-cv-35); 

WHEREAS, the Parties agree that settlement of these consolidated actions in the manner 

described below is in the public interest and is an appropriate way to resolve the disputes 

between them, and the Warm Springs Tribes agree with and support the Agreement as confirmed 

by its legal counsel's signature below; 

NOW, THEREFORE, THE PARTIES STIPULATE AS FOLLOWS: 

I. FEDERAL DEFENDANT'S COMiWITMENTS RE: COMPLETION OF THE 

BIOLOGICAL ASSESSMENT AND THE ESA CONSULTATION. 

I. In the course of the ongoing ESA consultation Reclamation initiated by letter 

dated September 18, 2015, Reclamation and the Districts agree to use their best efforts to assist 

FWS with completing the consultation and a biological opinion by July 31, 2017. Reclamation 

Page 3 Stipulated Settlement Agreement and Order 

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Case 6:15-cv-02358-JR Document 73 Filed 11/09/16 Page 4 of 15
and the Districts further agree to work, in good faith, with FWS to facilitate FWS's consideration 

of all issues raised in the consultation, including limiting the duration of the ITS to July 31, 2019. 

2. Reclamation agrees to prepare a draft biological assessment and transmit it to 

FWS and Plaintiffs by October 31, 2016. Plaintiffs will endeavor, to the extent possible, to 

provide comments on the draft biological assessment within 21 days of October 31, 2016. 

Reclamation reserves the right to, in its discretion, share copies of draft biological assessments 

with other parties or entities at any time. 

3. Reclamation further agrees to transmit a final biological assessment to FWS and 

provide a copy to Plaintiffs no later than December 31, 2016. Reclamation 1·eserves the right to, 

in its discretion, share copies of the final biological assessment with other parties or entities at 

any time. 

4. Nothing in this Agreement shall be construed to modify or limit the discretion 

afforded lo the United States, including Reclamation and FWS, under the National 

Environmental Policy Act, the Endangered Species Act, the Administrative Procedure Act, or 

any other statute or provision of law in carrying out the ESA consultation Reclamation initiated 

on September 18, 2015, and completing a biological assessment, biological opinion, or any other 

decision document. 

5. No provision of this Agreement shall be interpreted as or constitute a commitment 

or requirement that Reclamation obligate or pay funds exceeding those available, take action in 

contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or take actions in contravention of 

the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 551-559, 701-706, the ESA, 16 U.S.C. 

§§ 1531 to 1544, or any other law or regulation, either substantive or procedural. Nothing in the 

terms of this Agreement shall be construed to affect the rights of the United States as against 

persons not parties to this Agreement. 

Page4 Stipulated Settlement Agreement and Order 

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Case 6:15-cv-02358-JR Document 73 Filed 11/09/16 Page 5 of 15
II. IRRIGATION DISTRICTS' COMMITMENTS RE: OREGON SPOTTED FROG 

(OSF) TECHNICAL TEAM. 

6. While this Agreement is in effect (see paragraph 14), the Districts shall invite 

Theresa Simpson to participate as a representative of the Plaintiffs in ongoing OSF Technical 

Team meetings and discussions, and the Districts agree to invite Theresa Simpson to participate 

in any OSF Technical Team meetings and discussions occurring after termination of this 

Agreement until the Districts' Habitat Conservation Plan ("HCP") is completed and approved, so 

long as the Parties are not engaged in litigation with each other. If, however, any party becomes 

adversarial to another due to litigation, whether over the biological assessment, biological 

opinion, other decision document, a failure to complete the HCP, or otherwise, then the Districts' 

invitation for Theresa Simpson's participation on the OSF Technical Team may be withdrawn. 

III. IRRIGATION DISTRICTS' COMMITMENTS RE: INTERIM OPERATIONS 

7. From the effective date of this Agreement (see paragraph 11) through July 31, 

2017, the Districts will opera le Wickiup, Crane Prairie, and Crescent Lake dams and reservoirs 

as set forth in the Districts' February 5, 2016, letter (Attachment I), as modified or supplemented 

by the provisions in paragraphs 8-l 0, below. 

8. The Districts agree lo provide a minimum of I 00 cubic feet per second ("cfs") of 

water from September 16, 2016, to March 30, 2017, for winter flows in the Upper Deschutes 

River. These winter !lows will be measured at the WICO gage. The Districts further agree to the 

following: 

8.a. The minimum instream flow in Crescent Creek at the CREO gage (OWRD gage II 

14060000) will be 30 cfs from March 15 through November 30. The minimum inslream flow in 

Crescent Creek at the CREO gage will be 20 cfs from December I through March 14. However, 

if the flow in the Little Deschutes River at the LAPO gage (OWRD gage# 14063000) is less 

than 110 cfs by November 30, the transition from 30 cfs to 20 cfs will be delayed until flows of 

110 els al the LAPO gage are sustained for al least one week. 

Page 5 Stipulated Settlement Agreement and Order 

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Case 6:15-cv-02358-JR Document 73 Filed 11/09/16 Page 6 of 15
8.b. The maximum rate of increase in flow at the CREO gage will be 30 cfs (plus or 

minus 2 cfs) per day, and the maximum rate of decrease in flow will be 20 cfs (plus or minus 2 

cfs) per two day period. 

8.c. Ramp down of releases at Crescent Lake Dam at the end of the irrigation season will 

begin no earlier than September l and end no later than October 31. 

8.d. Monitoring of OSF habitat in Crescent Creek and the Little Deschutes River will 

continue, to document flows that are needed to support OSF populations. 

8.e. The water level in Crane Prairie Reservoir will not drop below 35,000 acre feet at 

any point during the term of the agreement unless inflow to the reservoir is less than the 

combined total of natural evaporation and seepage loss, and then will drop only to the extent 

dictated by those natural conditions. In addition, the reservoir may be lowered below 35,000 

acre feet if: (I) the OSF Technical Team recommends a lower reservoir volume to maintain 

instream flows in the Deschutes River between Crane Prairie Dam and Wickiup Reservoir for the 

benefit of Oregon spotted frogs or fish using that stretch of the river; or (2) if necessary to 

undertake emergency repairs to Crane Prairie Dam, but to the minimum extent and for the 

minimum time needed to complete such repairs. 

9. The Districts will invite and consider the recommendations of the OSF Technical 

Team when determining certain specifics of dam operations, particularly ramping dates for both 

winter and spring flow levels, ramping rates and duration of ramping to reach both winter and 

spring flow levels, and any changes to flow levels during the two month breeding season after 

reaching the 600 cfs spring breeding flow level. 

I 0. Routine or safety-ot:dams inspections or maintenance activities periodically 

occur that require reductions in releases from Crane Prairie, Wickiup, or Crescent Lake 

dams. Reclamation plans to conduct routine inspections at Wickiup and Crane Prairie dams in 

the winter of 2016 or spring of 2017. Reclamation may request that the Districts temporarily 

Page6 Stipulated Settlement Agreement and Order 

Cir . .for Biological Diversity v. Bureau of Reclamation; I 5-cv-2358-JR; I 6-cv-35-JR 

Case 6:15-cv-02358-JR Document 73 Filed 11/09/16 Page 7 of 15
(e.g., for one to two days; the total duration is dependent on ramping rates) reduce releases to 

facilitate these inspections. Fmther, emergency or other unforeseen conditions (e.g., Jaw 

enforcement investigation) can arise that require reducing the flow releases from Wickiup, Crane 

Prairie, or Crescent Lake dams. This Agreement does not preclude these actions. Reclamation 

or the Districts will notify the Parties as soon as practicable if these circumstances occur and 

include the duration and extent of expected (or actual) flow reductions from the dams. 

Reclamation and the Districts further commit that temporary reductions in flow will only be 

made if absolutely necessary to accommodate an inspection or an emergency situation, and the 

a111ount of flow reduction and duration of the reduction will both be minimized to the greatest 

extent possible. 

IV. EFFECTIVE DATE 

11. This Agreement shall take effect immediately upon entry of an Order by the Court 

approving the Agree111cnt. If for any reason the District Court does not enter this Agreement, the 

obligations set forth in this Agreement are null and void. 

V. CONTINUING JURISDICTION 

12. The parties hereby stipulate and respectfully request that the Court retain 

jurisdiction lo oversee compliance with the terms of this Agreement, modify its terms as 

described in paragraph 20, or resolve any disputes concerning its implementation, while this 

Agreement is in effect (see paragraph 14). See Kokkonen v. Guardian Life Ins. Co. of Am., 511 

U.S. 375 (1994). 

13. Nothing in the terms of this Agreement shall be construed to confer upon this 

Court jurisdiction to review any decision, either procedural or substantive, to be made by 

Reclamation pursuant to this Agreement, and nothing in this Agreement alters or affects the 

standards for judicial review of final Reclamation action. 

Page 7 Stipulated Settlement Agreement and Order 

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Case 6:15-cv-02358-JR Document 73 Filed 11/09/16 Page 8 of 15
V. TERMINATION OF CONSENT DECREE 

14. With the exception of the Districts' obligations in paragraph 6, which shall 

continue so long as the conditions contained in the paragraph are satisfied, the Agreernent and 

the Court's continuing jurisdiction over the Agreernent shall autornatically expire upon the 

earlier of: (a) the conclusion of the ESA consultation initiated by Reclarnation on Septernber 18, 

2015, as evidenced by FWS's issuance of a final biological opinion and Reclamation's issuance 

of a Record of Decision; or (b) July 31, 2017. 

VJ. DISMISSAL OF CLAIMS; RELEASE AND RESERVATION OF RIGHTS 

15. Subject lo the lirnitations set forth in paragraphs 17 and 18, and upon approval of 

this Agreement by the Court, the Center for Biological Diversity's First and Second Claims for 

Relief (ECF I, I 5-cv-2358) and Water Watch of Oregon's First and Second Clairns for Relief 

(Counts I and 11) (ECF 4, I 6-cv-35), as well as the corresponding requests for relief for such 

claims in both complaints, shall be dismissed without prejudice. 

16. Upon approval of this Agreernent by the Court, Plaintiff Center for Biological 

Diversity's Third Clairn for Relief (FOIA) (ECF I, I 5-cv-2358) shall be disrnisscd with 

prejudice. 

17. While this Agreernenl is in effect, Plaintiffs agree not to pursue the ESA Section 7 

claims in their Cornplaint (ECF I, l 5-cv-2358) and First Arnended Cornplaint (ECF 4, I 6-cv-35) 

in this matter or bring those sarne Section 7 clairns in any other action against Reclamation (by 

way of commencernent of an action, the joinder of Reclarnation in an existing action, or in any 

other fashion). 

18. Further, while this Agreernent is in effect, Plaintiffs agree not to pursue the ESA 

Section 9 clairns in their Cornplaint (ECF I, 15-cv-2358) and First Amended Cornplaint (ECF 4, 

I 6-cv-35) in this matter or bring those same Section 9 claims in any other action against 

Reclamation and/or the Districts (by way of commencement of an action, the joinder of 

Page 8 Stipulated Settlement Agreement and Order 

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Case 6:15-cv-02358-JR Document 73 Filed 11/09/16 Page 9 of 15
Reclamation and/or the Districts in an existing action, or in any other fashion). Plaintiffs further 

assert that should they bring any new claims under ESA Section 9 against Reclamation and/or 

the Districts over operation of Crane Prairie, Wickiup and/or Crescent Lake darns and reservoirs, 

those claims would seek relief only as to operations of those facilities from the expiration of the 

Agreement forward, and would not seek relief for past operations. Plaintiffs' agreement to only 

seek relief for future operations will not limit their ability to use evidence from the past to assert 

or prove claims of future section 9 violations, and should not be read as a concession that past 

Section 9 violations have not occurred. Defendants reserve any and all claims and defenses they 

may have to any such Section 9 claims, evidentiary submissions, or legal challenge. 

19. This Agreement does not impair any right Plaintiffs may have to bring a future 

action challenging any final agency action that may arise from the Agreement or future claims 

relating to Reclamation's or the Districts' compliance with the ESA or any other laws. Any 

future legal challenges must be brought in a new civil action and not in a continuation of either 

or both of the above-captioned consolidated actions. Defendants reserve any and all defenses 

they may have to any such claims or legal challenge. 

VII. DISPUTE RESOLUTION, ENFORCEABILITY, AND MODIFICATION. 

20. The Order entering this Agreement may be modified by the Court upon good 

cause shown, consistent with the Federal Rules of Civil Procedure, by written stipulation 

between the Parties filed with and approved by the Court. In the event of a dispute arising out of 

or relating to this Agreement, or in the event that either party believes that the other party has 

failed to comply with any term or condition of this Agreement, the party raising the dispute or 

seeking enforcement shall provide the other party with notice of the claim. The Parties agree 

that they will meet and confer (either telephonically or in-person) at the earliest possible time in 

a good faith effort to resolve the claim before seeking relief from the Court. If the parties are 

unable to resolve the claim, either party may seek relief from the Court. 

Page 9 Stipulated Settlement Agreement and Order 

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Case 6:15-cv-02358-JR Document 73 Filed 11/09/16 Page 10 of 15
2 I. In the event that Plaintiffs believe that Reclamation failed to comply with a term 

of this Agreement, Plaintiffs' first remedy shall be a motion to enforce the terms of this 

Agreement. This Agreement shall not, in the first instance, be enforceable through a proceeding 

for contempt of court. 

VIII. FEES AND COSTS. 

22. The Districts and PlaintiffWaterWatch of Oregon agree to bear their own fees 

and costs for claims asserted against the Districts in the above-captioned litigation, up to the date 

of this Agreement. This fee agreement does not apply to any future fee accrual from enforcement 

of this Agreement or future litigation between the parties. Plaintiffs reserve the right to seek an 

award against Reclmnation for reasonable attorneys' fees and costs incurred in connection with 

this lawsuit. fn the event that Plaintiffs seek such fees and costs against Reclamation, the 

Plaintiffs and Reclamation shall attempt to reach agreement as to entitlement to recovery and the 

appropriate amount of recovery. If the Plaintiffs and Reclamation are unable to reach agreement, 

Plaintiffs may file a motion with the Court for such recovery. By entering this Agreement, 

Reclamation preserves, and does not waive, any arguments, claims, defenses, or right to contest 

entitlement to or the amount of fees claimed by Plaintiffs. 

IX. NOTICE AND CORRESPONDENCE 

23. Whenever notifications or other communications to Plaintiffs or Defendants are 

required by this Agreement, they shall be in writing and be addressed and sent via U.S. Mail or 

electronic mail as follows: 

Page 10 

For Plaintiff Center for Biological Diversity: 

Laurie Rule, Advocates for the West 

3115 NE Sandy Blvd. Suite 223 

Portland, OR 97232 

Tel: 503-914-6388 

Email: lrnle@advocateswest.org 

For Plaintiff Water Watch of Oregon: 

Janette Brimmer, Earthjustice 

705 2nd Avenue, Suite 203 

Seattle, WA 98104 

Stipulated Settlement Agreement and Order 

Ctr. fi1r Biological Diversity v. Bureau of Reclamation; 15-cv-2358-JR; 16-cv-35-JR 

Case 6:15-cv-02358-JR Document 73 Filed 11/09/16 Page 11 of 15
Tel: 206-343-7340, ext. I 029 

Emai I: jbrimmcr@earthjustice.org 

For the United States, on behalf of Reclamation: 

lvlichael R. Eitel 

U.S. Department of Justice 

Environ111ental & Natural Resources Division 

Wildlife & Marine Resources Section 

999 18th St., South Terrace Suite 370 

Denver, Colorado 80202 

Tel: (303) 844-1383 I Fax: (303) 844-1350 

Email: l'vlichael.eitcl@usdoj.gov 

For the Districts, on behalf of Central Oregon Irrigation District, North Unit Irrigation 

District, Tu111alo Irrigation District, Arnold Irrigation District, and Lone Pine Irrigation 

District: 

Beth S. Ginsberg 

Stoel Rives LLP 

600 University Street, Suite 3600 

Seattle, Washington 98l01-4109 

Tel: (206) 386-7581 I Fax: (206) 386-7500 

Email: 13eth.ginsbcrg@stoel.com 

For the Warm Springs Tribes: 

John W. Ogan 

Josh Newton 

Karnopp Petersen LLP 

360 SW 13ond Street, Suite 400 

Bend, Oregon 97702 

Tel: (541) 382-3011 

Fax: (541) 388-5410 

E111ail: jwo@karnopp.co111; jn@karnopp.com 

For the State of Oregon: 

Nina R. Englander 

Sarah K. Weston 

Oregon Depart111ent of Justice 

I 00 SW Market Street 

Portland, OR 9720 I 

Tel: 971-673-1880 

Fax: 971-673-5000 

Emai I: nina.englandcr@doj.state.or.us; sarah. weston@doj.state.or.us 

Jesse Ratcliffe 

Oregon Department of Justice 

1162 Court St. NE 

Salem, OR 9730 I 

Tel: 503-947-4549 

Fax: 503-378-3802 

Email: jcssc.d.ratcl i ffe@state.or.us 

Upon written notice to the other Parties, any party 111ay designate a successor contact 

person for any matter relating to this Agreement. 

Page 11 Stipulated Settlement Agreement and Order 

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X. ADDITIONAL PROVISIONS 

24. This Agreement shall not constitute or be construed as an admission or 

adjudication by the United States or Reclamation of any question of fact or law with respect to 

any of the claims raised in this matter. Nor is it an admission of violation of any law, rule, 

regulation, or policy by the United States or Reclamation. This Agreement shall not be admitted 

for any purpose in any proceeding without prior notice to and the express consent of 

Reclamation. 

25. This Agreement was negotiated between the Parties in good faith and was jointly 

drafted by the Parties. Accordingly, the Parties hereby agree that any and all rules of 

constrnction to the effect that ambiguity is construed against the drafting party shall be 

inapplicable in any dispute concerning the terms, meaning, or interpretation of this Agreement. 

All negotiations leading up to this Agreement, including any correspondence and other 

documents exchanged during and for the purpose of settlement negotiations, are confidential, and 

will not be discussed or disclosed except to the parties and their representatives. 

26. This Agreement constitutes the final, complete and exclusive agreement and 

understanding between the Parties with respect to the matters addressed in this Agreement. 

There are no representations, agreements or understandings relating to this settlement other than 

those expressly contained in this Agreement. 

27. The individuals signing this Agreement on behalf of the Parties hereby certify that 

they are authorized to bind their respective parties to this Agreement and do agree to the terms 

herein. 

WHEREFORE, after reviewing the terms and conditions of this Agreement, the Parties 

hereby consent and agree to the terms and conditions of this Agreement. As indicated by the 

supporting signature below, the Warm Springs as amicus support this Agreement. 

Respectfully submitted this 28 day of October, 2016, 

Page 12 Stipulated Settlement Agreement and . Order 

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Isl Michael R. Eitel 

MICHAEL R. EITEL 

Senior Trial Attorney (Neb. Bar 1122889) 

U.S. Department of Justice 

Environment & Natural Resources 

Division 

Wildlife & Marine Resources Section 

999 18th Street, South Terrace, Suite 370 

Denver, Colorado 80202 

Tel: (303) 844-1479 

Fax: (303) 844-1350 

Email: Michael.Eitel@usdoj.gov 

Attorneys.for Federal De.fendants 

Isl Janelle Brimmer *with permission 

Janette Brimmer 

Earthjustice 

705 2nd Avenue, Suite 203 

Seattle, WA 98104 

Tel: 206-343-7340, ext. 1029 

Email: jbrimmer@earthjustice.org 

Attorneys/or Plaint!ffWaterWatch of 

Oregon 

Isl Lauren M. Rule *with permission 

Lauren M. Rule 

3115 NE Sanely Blvd. Suite 223 

Portland, OR 97232 

Tel: 503-914-6388 

Email: lrule@advocateswest.org 

Attomeys.for Plaint![( the Center/or 

Biological Diversity 

Isl Beth S. Ginsberg *with permission 

Beth S. Ginsberg 

Stoel Rives LLP 

600 University Street, Suite 3600 

Seattle, Washington 98101-4 l 09 

Tel: (206) 386-758 l I Fax: (206) 386-7500 

Email: Beth.ginsberg@stoel.com 

Allomeys for Central Oregon Irrigation 

District, North Unit Irrigation District, 

Twnalo Irrigation District, Arnold Irrigation 

District, and Lone Pine Irrigation District 

1he undersigned legal counsel confirms that The Col'(federated Tribes of the Warm 

Springs Reservation of Oregon's agreement with and support of this Stipulated Settlement 

Agreement and (Pmposed} Order 

Isl Josh Newton *ll'ith permission 

John W. Ogan 

Josh Newton 

Karnopp Petersen LLP 

360 SW Bond Street, Suite 400 

Bend, Oregon 97702 

Tel: (54 l) 382-30 I I 

Fax: (54 I) 388-5410 

Email: jwo@karnopp.co111; 

jn@karnopp.com 

Allomeysfor the Co11federated Tribes of 

the Warm Springs Reservation rifOregon 

Stipulated Settlement Agreement and Order 

Ctr. jiJr Biological Diversity v. Bureau of Reclamation; I 5-ev-2358-JR; I 6-cv-35-JR 

Case 6:15-cv-02358-JR Document 73 Filed 11/09/16 Page 14 of 15
ORDER 

The Court hereby approves and orders each and every term of this Stipulated Settlement 

Agreement. IT IS SO ORDERED. 

DATED this 

Page 14 

The Honorable Ann Aiken 

United States District Judge 

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Ctr. for Biological Diversity v. Bureau of Reclamation; 15-cv-2358-JR; I 6-cv-35-JR 

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