On Monday, a legal group filed suit on behalf of three farmers, who have had their water allocations cut.
The suit claims the federal government doesn't have the authority to get involved with the Delta Smelt, because this is a state matter.
"But when we're talking about the delta smelt, there's nothing interstate, or commercial about this fish. the delta smelt's found only in California, and it has no commercial reason, excuse me, it has no commercial value," Brandon Middleton from the Pacific Legal Foundation said.
Last month, a federal judge in Fresno ruled against The Pacific Legal Foundation. It's now asking the Ninth Circuit Court of Appeals to hear its case.