(three questions certified to the Oregon Supreme Court: (1) whether Oregon law precludes irrigation districts and landowners from acquiring beneficial or equitable interests in water rights acquired by the United States (Klamath Basin Water); (2) whether landowners and/or irrigation districts who receive water from the Klamath Basin Reclamation Project and put the water to beneficial use have a beneficial or equitable property interest appurtenant to their land in the water right acquired by the United States; and (3) whether Oregon law recognizes any property interest (legal or equitable) in the use of the Klamath Basin water that is not subject to adjudication in the Klamath Basin Adjudication in situations where surface water rights were appropriated before Feb. 24, 1909, and were not within any previously adjudicated area of the Klamath Basin.
Klamath Irrigation District, et al. v. United States, 532 F.3d 1376 (Fed. Cir. 2008)
Date of decision:
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