Tribes Have Priority Over Water Rights, Fed. Circ. Says

Law360 (November 14, 2019, 9:47 PM EST) -- The Federal Circuit on Thursday ruled against a coalition of southern Oregon and Northern California farmers who argued they weren’t properly compensated when the federal government declined to release water to them, saying tribal water rights were first in line.

Upholding a lower court's decision, the appeals panel unanimously held that the Klamath Tribes and other tribes have priority over farmers for water rights from the Klamath Project on the Oregon and California border.

When the federal government halted water in 2001 from going to farmers so that water levels could remain high and certain fish listed under the Endangered Species...

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