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KLAMATH WATER USERS ASS'N v. F.E.R.C.

No. 06-1212.

534 F.3d 735 (2008)

KLAMATH WATER USERS ASSOCIATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Pacificorp, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 25, 2008.

Attorney(s) appearing for the Case

George K. Kiely argued the cause for petitioner. On the briefs was Edward A. Finklea.

Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were John S. Moot, General Counsel, Robert H. Solomon, Solicitor, and Jeffery S. Dennis, Attorney.

Sam Kalen, Michael A. Swiger, Charles R. Sensiba, Thomas P. Schlosser, Glen H. Spain, Howard M. Crystal, and Joshua Randolph Stebbins were on the brief for intervenors in support of respondent.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

For nearly one hundred years, the operator of the Link River Dam provided low-cost electric power for irrigation use in and around the Klamath River Basin in southern Oregon and northern California, pursuant to a contract first executed in 1917 and later extended in connection with the licensing of the dam. In 2006, the Federal Energy Regulatory Commission (FERC) decided that an annual license issued...

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