In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: added). Plaintiffs point out, correctly, that beneficial use is an evolving and dynamic requirement of federal and state law. See Joslin v. Marin Mun. Water Dist., 67 Cal.2d 132, 140, 60 Cal.Rptr. 377, 429 P.2d 889 (1967) (While "what is a reasonable use of water depends on the circumstances of each case, such an inquiry cannot be resolved in vacuo isolated from statewide considerations of transcendent importance."). Section 8 of the Reclamation Act of 1902 requires that all water provided pursuant to the Act be put to "beneficial use," as defined by state law. 43 U.S.C. 372, 383; California v. United States, 438 U.S. 645, 665-67, 98 S.Ct. 2985, 57 L.Ed.2d 1018 (1978); see also City of Barstow v. Mojave Water Agency, 23 Cal.4th 1224, 1242, 99 Cal.Rptr.2d 294, 5 P.3d 853 (2000) (<HOLDING>); United States v. Alpine Land & Reservoir Co.,
Holding statements: (A) holding that article x 2 of the california constitution dictates the basic principles defining water rights that no one can have a protectible interest in the unreasonable use of water and that holders of water rights must use water reasonably and beneficially (B) holding that mandamus was appropriate to require the director to deliver the full decreed water rights of a water right holder (C) holding that the montana constitution protects water rights against unreasonable state action (D) holding substantial completion had occurred because water district took possession of all the lines filled them with water and began using them to serve the customers of the water district (E) recognizing that water rights constitute a real property interest

A: (A)
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Q: evidence to conclude that the government's conduct in this case amounted to a material breach, it denied Malone's appeal. 87-2 BCA 1119,758, at 99,966. In our view, the government materially breached this contract. According to Restatement (Second) of Contracts 241(e) (1981), "the extent to which the behavior of [a] party failing to perform ... comports with standards of good faith and fair dealing" is a significant factor in determining whether that party's breach is material. The Restatement also states that "[sjubter-fuges and evasions violate the obligation of good faith," as does lack of diligence and interference with or failure to cooperate in the other party's performance. Id. 205 comment d; cf. Lewis-Nicholson, Inc. v. United States, 550 F.2d 26, 32, 213 Ct.Cl. 192 (1977) (<HOLDING>); Peter Kiewit Sons' Co. v. United States, 151
Holding statements: (A) holding that subcontractor could recover damages from general contractor for delay in performance under state law (B) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (C) holding that governmentcaused delay in contractor performance violated implied duty not to hinder performance of other party (D) holding that performance may be valid acceptance (E) holding that prior positive performance evaluations are not dispositive as to whether the employer was satisfied with the employees performance by the time of the termination

A: (C)
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Q: subpoena, but that it was necessary to do so on a document-by-document basis. Order on Mot. for Summ. J. at 2-4. Now the Committee contends that the documents that survived that review are not covered by the deliberative process privilege because the privilege only applies to deliberations concerning the development of policy. See PL's Mem. for Mot. to Compel at 26-27 (asserting that the privilege allows "agency decisionmakers to engage in that frank exchange of opinions and recommendations necessary to the formulation of pol . U.S. Dep't of Labor, 478 F.Supp.2d 77, 83 (D.D.C.2007) (finding that deliberative process privilege covered email messages discussing the agency's response to news article); Judicial Watch, Inc. v. Reno, No. 00-0723, 2001 WL 1902811 (D.D.C. Mar. 30, 2001), at *3 (<HOLDING>). Following the same reasoning, the Court holds
Holding statements: (A) holding that internal emails about how to present an agency decision to the public were covered by the deliberative process privilege (B) holding that deliberations about how to handle press inquiries and other public relations issues are covered by exemption 5 under foia (C) holding that a foia request should be read to seek all documents covered by a catchall (D) holding that documents concerning how to respond to ongoing inquiries from the press and congress about the entry of a government witness and mexican national into the united states fell under the deliberative process privilege (E) holding that the government cannot waive foia exemption 6 on behalf of the individual whose privacy interests the exemption protects

A:
(B)
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