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BRYANT v. YELLEN

No. 79-421.

447 U.S. 352 (1980)

BRYANT ET AL. v. YELLEN ET AL.

Supreme Court of United States.

Decided June 16, 1980.

Attorney(s) appearing for the Case

Northcutt Ely and Charles W. Bender argued the cause for petitioners in all cases. With Mr. Ely on the briefs for petitioner Imperial Irrigation District in No. 79-435 were Reginald L. Knox, Jr., Frederick H. Ritts, Robert F. Pietrowski, Jr., Ralph J. Gillis, and Charles E. Corker. With Mr. Bender on the briefs for petitioners Bryant et al. in No. 79-421 were Patrick Lynch, James V. Selna, and John F. Daum. George Deukmejian, Attorney General, R. H. Connett, Assistant Attorney General, and Douglas B. Noble, Deputy Attorney General, filed a brief for the State of California, petitioner in all cases.

Arthur Brunwasser argued the cause and filed a brief for respondents in all cases. Solicitor General McCree argued the cause for the United States in all cases. With him on the brief were Assistant Attorney General Moorman, Deputy Solicitor General Claiborne, Mark I. Levy, Peter R. Steenland, Jr., Raymond N. Zagone, and Dirk D. Snel.†

MR. JUSTICE WHITE delivered the opinion of the Court.

When the Boulder Canyon Project Act, 45 Stat. 1057, 43 U. S. C. § 617 et seq. (Project Act), became effective in 1929, a large area in Imperial Valley, Cal., was already being irrigated by Colorado River water brought to the Valley by a privately owned delivery and distribution system. Pursuant to the Project Act, the United States constructed and the Imperial Irrigation District (District) agreed to...

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