KLAMATH IRRIGATION DISTRICT v. USBR

No. 20-36020, No. 20-36009.

48 F.4th 934 (2022)

KLAMATH IRRIGATION DISTRICT, Plaintiff-Appellant, and Shasta View Irrigation District; Tulelake Irrigation District; Klamath Water Users Association; Klamath Drainage District; Rob Unruh; Van Brimmer Ditch Company; Ben Duval, Plaintiffs, v. UNITED STATES BUREAU OF RECLAMATION; Deb Haaland, Secretary of the Interior, in her official capacity; Camille Calimlim Touton, Commissioner of the Bureau of Reclamation, in her official capacity; Ernest Conant, Director of the Mid-Pacific Region, Bureau of Reclamation, in his official capacity; Jared Bottcher, in his official capacity as Acting Area Manager for the Klamath Area Reclamation Office, Defendants-Appellees, Hoopa Valley Tribe; The Klamath Tribes, Intervenor-Defendants-Appellees. Shasta View Irrigation District; Tulelake Irrigation District; Klamath Water Users Association; Klamath Drainage District; Rob Unruh; Van Brimmer Ditch Company; Ben Duval, Plaintiffs-Appellants, and Klamath Irrigation District, Plaintiff, v. United States Bureau of Reclamation; Deb Haaland, Secretary of the Interior, in her official capacity; Camille Calimlim Touton, Commissioner of the Bureau of Reclamation, in her official capacity; Ernest Conant, Director of the Mid-Pacific Region, Bureau of Reclamation, in his official capacity; Jared Bottcher, in his official capacity as Acting Area Manager for the Klamath Area Reclamation Office, Defendants-Appellees, Hoopa Valley Tribe; The Klamath Tribes, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2022.


Attorney(s) appearing for the Case

Christopher A. Lisieski (argued) and John P. Kinsey , Wanger Jones Helsley PC, Fresno, California; Nathan R. Rietmann , Rietmann Law PC, Salem, Oregon; for Plaintiff-Appellant Klamath Irrigation District.

Richard S. Deitchman (argued), and Paul S. Simmons , Somach Simmons & Dunn PC, Sacramento, California; Nathan J. Ratliff , Parks & Ratliff PC, Klamath Falls, Oregon; Reagan L.B. Desmond , Clyde Snow & Sessions PC, Bend, Oregon; for Plaintiffs-Appellants Shasta View Irrigation District, Tulelake Irrigation District, Klamath Water Users Association, Klamath Drainage District, Rob Unruh, Van Brimmer Ditch Company, and Ben Duval.

Thane D. Somerville (argued) and Thomas P. Schlosser , Morisset Schlosser Jozwiak & Somerville, Seattle, Washington, for Intervenor-Defendant-Appellee Hoopla Valley Tribe.

Rachel Heron (argued) and John L. Smeltzer , Attorneys; Jean E. Williams , Acting Assistant Attorney General; Environment and Natural Resources Division; United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Jeremiah D. Weiner (argued), Rosette LLP, Sacramento, California, for Intervenor-Defendant-Appellee Klamath Tribes.

Concurrence by Judge BUMATAY


OPINION

This appeal concerns the distribution of waters in the Klamath Water Basin by the Bureau of Reclamation, which owns and operates the Klamath Project, a federal irrigation project. Shasta View Irrigation District, Klamath Irrigation District, and other irrigators, farmers, and water users appeal the dismissal...

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