Estate of Hage v. United States, 82 Fed. Cl. 202 (Fed. Cl. 2008)

(defendant's impoundment of plaintiff's cattle and cancellation of federal grazing permit not a taking; but, plaintiff had vested right in surface waters flowing from federal land that could have been put to beneficial agricultural use if not for defendant's interference (construction of fences and disallowance of plaintiff to clear obstructions upstream in 1866 Act irrigation ditches); plaintiff entitled to $4,220,431.20 plus interest from date of taking (beginning in 1983) plus attorney's fees and costs).