IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

SACRAMENTO DIVISION

____________________________________

)

)	Civil No. S-80-583-LKK [In Equity No. 30]

THE UNITED STATES OF AMERICA,	)

)	ORDER DENYING DEFENDANT

Plaintiff,	)	MICHAEL J. BARKLEY'S MOTION

)	TO REQUIRE CHANGES IN PRACTICES

v.	)	OF THE WATER MASTER

)

H.C. ANGLE, et al.,	)

)

Defendants.	)	[PROPOSED]

)

____________________________________)

This matter is before the Court on the motion filed by defendant Michael J. Barkley

to require certain changes in the practices of the Water Master appointed by this Court to help administer the 1930 Angle Decree. This motion marks the third time that defendant Barkley has appeared before the Court to request relief concerning the Angle Decree.

On February 11, 2009, the Court entered an Order that granted the plaintiff United States of America's motion to amend the Angle Decree with respect to the place of use and denied defendant Barkley's counter-motion to vacate the Decree. United States v. Angle, 2009 WL 347749 (E.D.Cal. Feb. 11, 2009). On May 5, 2009, the Court denied defendant Barkley's motion to reconsider the February 11, 2009 Order. United States v. Angle, 2009 WL 1212240 (E.D.Cal. May 5, 2009).

On December 21, 2009, defendant Barkley filed the "Motion to Require Changes in Practices of the Water Master, Angle Decree para XVI." Doc. 307. On February 22, 2010, the United States filed an opposition to the latest motion, supported by a Declaration of George Wilson, the Water Master who was appointed by the Court in 1982 and has served in that capacity ever since.

The Court, having considered the defendant's motion, the plaintiff's response, the defendant's reply, and the complete record in this matter, finds that good cause exists to DENY the defendant's motion to require changes in the practices of the Water Master. The defendant has failed to provide any valid basis to modify those practices. The Court is satisfied that Water Master Wilson continues to perform his functions under the Angle Decree in a satisfactory manner and that the changes requested by defendant Barkley are not warranted. The Court also denied Mr. Barkley's remaining requests to reopen and modify the Angle Decree.

Accordingly, IT IS HEREBY ORDERED THAT the defendant's motion to require changes in the practices of the Water Master is DENIED.

SO ORDERED this ___ day of ______________, 2010.

_______________________________________

HONORABLE LAWRENCE K. KARLTON

SENIOR UNITED STATES DISTRICT JUDGE

Presented by:

CHARLES R. SHOCKEY, Attorney

D.C. Bar # 914879

United States Department of Justice

Environment & Natural Resources Division

Natural Resources Section

501 "I" Street, Suite 9-700

Sacramento, CA 95814-2322

Telephone:	(916) 930-2203

Attorney for Plaintiff