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STATE OF WASH. v. EAST COLUMBIA BASIN IRR. DIST.

No. 96-35163.

105 F.3d 517 (1997)

STATE OF WASHINGTON, Plaintiff, v. EAST COLUMBIA BASIN IRRIGATION DISTRICT; United States of America, Defendants. EAST COLUMBIA BASIN IRRIGATION DISTRICT, Cross-claimant-Appellant, v. UNITED STATES of America, Cross-defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 27, 1997.

Attorney(s) appearing for the Case

Andrew C. Bohrnsen, Bohrnsen & Owen, Spokane, Washington, Richard A. Lemargie, Lemargie & Whitaker, Ephrata, Washington, for defendant-appellant-cross-claimant-appellant.

Irene M. Solet, United States Department of Justice, Washington, D.C., for plaintiff-appellee-cross-defendant-appellee.

Before WRIGHT, CANBY and TASHIMA, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge.

BACKGROUND:

The East Low Canal is one of several irrigation channels constructed in the early 1950s by the United States as part of the Columbia Basin Project. The project's combined purposes are: generating energy through a power plant at the Grand Coulee Dam; irrigating the agricultural region south of the Dam; and facilitating flood control and navigation in Oregon by regulating the amount of water released from...

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