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KLAMATH WATER USERS PROTECTIVE ASS'N v. PATTERSON

No. 98-35708.

191 F.3d 1115 (1999)

KLAMATH WATER USERS PROTECTIVE ASSOCIATION; Klamath Drainage District; Sam Henzel; Henzel Properties, Ltd., Plaintiffs-counter-defendants-Appellants, v. Roger PATTERSON, Regional Director, Mid-Pacific Region, U.S. Bureau of Reclamation; Karl E. Wirkus, Area Manager, Klamath Irrigation Project, U.S. Bureau of Reclamation; Eluid Martinez, Commissioner of Reclamation, U.S. Department of the Interior; Patricia Beneke, Assistant Secretary for Water and Science, U.S. Department of the Interior; Bruce Babbitt, Secretary of the Interior; The United States Bureau of Reclamation; United States of America, Defendants-Appellees, and Pacificorp, Defendant-counter-claimant-Appellee, and Northcoast Environmental Center; Pacific Coast Federation of Fishermens Association; Institute for Fisheries Resources; Klamath Forest Alliance; Mazamas; Oregon Natural Resources Center; The Wilderness Society; Waterwatch of Oregon; Yurok Tribe, Defendant-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1999.

Attorney(s) appearing for the Case

Paul S. Simmons, De Cuir & Somach, PC, Sacramento, California, for the plaintiffs-counter-defendants-appellants.

Jeffrey C. Dobbins, Environment & Natural Resources Division, Department of Justice, Washington, DC, for the defendants-appellees.

Richard S. Gleason, Stoel Rives LLP, Portland, Oregon, for the defendant-counter-claimant-appellee.

Curtis G. Berkey, Alexander & Karshmer, Berkeley, California, for defendant-intervener-appellee Yurok Tribe.

Before: FLETCHER, FERGUSON, and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

This appeal involves a basic contract issue: whether the Klamath Water Users Protective Association and other irrigators in the Klamath Basin (collectively, the "Irrigators") are third-party beneficiaries to a 1956 contract (the "Contract") between the United States Bureau of Reclamation ("Reclamation" or "United States") and the California Oregon Power Company ("Copco") that governs the management of the Link River Dam (the "Dam") in the Klamath...

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