The plaintiffs' predecessor in interest began occupying the plaintiffs’ property in 1874 and filed a water-rights claim and constructed ditches shortly thereafter. A national forest that included that the servient tenement over which the ditches run was established in 1905. The plaintiffs purchased the property in 1995, and a flood destroyed part of their ditch in 1997. To continue watering the property, the plaintiffs installed a new ditch which the United States Forest Service claimed (through two official letters) required a special use permit and verification of California water rights. Plaintiffs filed an action seeking, inter alia, to quiet title to their ditch right of way and alleging a violation of the Fifth Amendment. The USFS filed a motion to dismiss most of the claims. The court dismissed two statutory claims for want of jurisdiction, finding that there was no final agency action and the agency was not required to take the actions demanded by the plaintiffs. The court allowed the Fifth Amendment claim to survive, finding that the letters marked the consummation of the agency’s decision-making process. The court also found the plaintiffs had pleaded a cognizable legal theory sufficient to survive dismissal on the right of way claim. Luciano Farms, LLC v. United States, No. 2:13-CV-02116-KJM-AC, 2014 U.S. Dist. LEXIS 65753 (E.D. Cal. May 12, 2014).