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FLINT v. U.S.

No. 89-35110.

906 F.2d 471 (1990)

Thomas FLINT and Roger Etter, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. UNITED STATES of America; Bureau of Reclamation; Manuel Lujan, Jr., in his capacity as Secretary of the Department of Interior; Dennis B. Underwood, in his capacity as Commissioner of the Bureau of Reclamation of the United States; Quincy-Columbia Basin Irrigation District, a Washington irrigation district; South Columbia Basin Irrigation District, a Washington irrigation district; and East Columbia Basin; a Washington irrigation district, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 27, 1990.

Attorney(s) appearing for the Case

Michael R. Tabler, Moses Lake, Wash., for plaintiffs-appellants.

Peter R. Steenland, Jr., U.S. Dept. of Justice, Washington, D.C., John W. Baird, and Richard A. Lemargie, Ephrata, Wash., for defendants-appellees.

Before WRIGHT, REINHARDT and O'SCANNLAIN, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Landowners in eastern Washington brought a class action challenging charges assessed by the Secretary of the Interior for the use of artificially stored ground water. We consider whether these charges under contracts executed pursuant to the Reclamation Project Act are subject to judicial review.

FACTUAL BACKGROUND

In 1902, Congress passed legislation authorizing the creation...

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