Ten years ago Judge Wilkie Ferguson, Jr. entered summary judgment for the plaintiff Miccosukee Tribe of Indians and Friends of the Everglades on a novel claim: that a public water manager is required to obtain a discharge permit under Clean Water Act Section 402 in order to transfer or divert water—that is, to convey or connect water of the United States to other water of the United States without subjecting it to any intervening use.