On October 2, 2015, the California State Office of the U.S. Department of Interior, Bureau of Land Management (the “BLM”), issued an “administrative determination” letter (the “October 2^nd Letter”).  In it, the BLM opined that the proposed Cadiz Water Project in San Bernardino County (“Cadiz”) may not locate a water conveyance within a willing railroad’s 200′ wide federally-granted right of way unless the proponents first apply to the BLM for further study and federal permission. In doing so, the BLM mishandled the legal test that applies to the Cadiz project’s proposed use of the railroad right of way.

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