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GRANT COUNTY BLACK SANDS IRRIGATION DIST. v. U.S.

No. 2008-1354.

579 F.3d 1345 (2009)

GRANT COUNTY BLACK SANDS IRRIGATION DISTRICT (GCBSID) and Williamson Land Company, Plaintiffs-Appellants, v. UNITED STATES BUREAU OF RECLAMATION, Ken Salazar, Secretary of the Interior, Robert W. Johnson, in his capacity as Commissioner of the Bureau of Reclamation, J. William McDonald, in his individual capacity, and J. William McDonald, in his capacity as Regional Director of the Pacific Northwest Region of the Bureau of Reclamation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 2, 2009.

Attorney(s) appearing for the Case

Ronald Ady, Christensen Law Group, L.P., of Salt Lake City, UT, argued for plaintiffs-appellants. With him on the brief was Ronald K. Christensen.

Allen M. Brabender, Trial Attorney, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief was Ronald J. Tenpas, Assistant Attorney General.

Before SCHALL, BRYSON, and LINN, Circuit Judges.

BRYSON, Circuit Judge.

I

In 1937, Congress authorized a multipurpose reclamation project known as the Columbia Basin project, which was designed to irrigate farmland in central Washington with water drawn from the Columbia River. Over time, water that seeped into the ground from the surface irrigation created significant quantities of artificially stored groundwater in the Quincy Basin area. The Washington Department of Ecology began managing the Quincy...

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