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U.S. v. BRAREN

Nos. 02-35441, 02-35446.

338 F.3d 971 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Boyd P. BRAREN; Boyd P. Braren Trust; Marilyn J. Mosby; John M. Mosby; Leslie Hufford; Kenneth J. Hufford; Hart Estate Investment Company; Peggy Marenco, Defendants-Appellants, and State of Oregon, Defendant-Intervenor, v. Klamath Indian Tribes, Plaintiff-Intervenor-Appellee. United States of America, Plaintiff-Appellee, v. Boyd P. Braren; Boyd P. Braren Trust; Marilyn J. Mosby; John M. Mosby; Leslie Hufford; Kenneth J. Hufford; Hart Estate Investment Company; Peggy Marenco, Defendants, and State of Oregon, Defendant-Intervenor-Appellant, v. Klamath Indian Tribes, Plaintiff-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 21, 2003.

Attorney(s) appearing for the Case

William F. Schroeder and Carol DeHaven Skerjanec, Vale, Oregon, and Jerome C. Muys, Washington, D.C., for appellants Brarens.

Stephanie L. Striffler, Special Counsel to the Oregon Attorney General, Salem, Oregon, for appellant Oregon.

Andrew C. Mergen, United States Department of Justice, Washington, D.C., for appellee United States.

Walter R. Echo-Hawk, Native American Rights Fund, Boulder, Colorado, for appellees Klamath Tribes.

Before: Donald P. LAY, J. Clifford WALLACE, and Richard C. TALLMAN, Circuit Judges.

Argued and Submitted May 8, 2003 — Portland, Oregon.

OPINION

TALLMAN, Circuit Judge:

The State of Oregon, the United States, the Klamath Tribes, and many individual landowners have spent the past twenty-five years trying to determine rights to water in Oregon's Klamath Basin. The federal courts were the first forum for this effort, determining the scope of the federal water rights in 1979. We affirmed the legal rights at issue and approved...

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