Cite as: 531 U. S. 425 (2001)
Opinion of the Court
annual flow apparently approximates 31/2 times the reservoir's capacity. Water is released through outlets in the dam that send it down the San Joaquin River, and also through outlets that direct it into either the Madera Canal to the northwest, or the Friant-Kern Canal to the southeast. When the water level exceeds 578 feet, it flows over the dam's spillway into the San Joaquin. At that point, the river can accommodate a flow of 8,000 cubic feet per second without flooding. The Madera Canal can accommodate 1,200 cubic feet per second, and the Friant-Kern another 4,500 cubic feet per second. Thus, a total release of 13,700 cubic feet per second in three directions would not appear to include any "flood water."
The Madera Canal, which is about 40 miles in length, is used primarily for irrigation purposes. Water that enters the canal at the Friant Dam is purchased by farmers who either use it immediately or store it for future use. As a result, the amount of water that enters the canal is larger than the quantity that may flow into the Chowchilla River at its terminus.8 Except in years of extreme drought, the Madera Irrigation District provides contracting farmers with "a dependable water supply" of approximately 138,000 acre-feet of "Class 1 water." In addition, "if, as, and when it can be made available," the District sells "Class 2 water" to the farmers at a price that is lower than the Class 1 price because of the "uncertainty as to availability and time of occurrence." 9 Thus, again in a literal sense, it seems clear that none of the Class 1 or Class 2 water sold by the District and purchased by the farmers to store or irrigate their lands includes any "flood water."
8 The Chowchilla flows in a westerly direction into the San Joaquin, which in turn flows in a northwesterly direction at that point.
9 In some exceptional circumstances, irrigation contractors may be obligated to buy Class 2 water at a particular time. However, contractors still pay for the water, regardless of the potential inconvenience with respect to the timing or date of delivery.
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