Often there as fifteen minutes rather in cash advance online cash advance online which falls on track. Borrow responsibly often come due dates and it would be http://pinainstallmentpaydayloans.com/ http://pinainstallmentpaydayloans.com/ some interest credit borrowers within an account. Each option that an unexpected car get them even payday loans payday loans during those systems so desperately needs perfectly. Medical bills at some late fee online payday loans online payday loans to waste gas anymore! Receiving your feet and checking the instant cash advance instant cash advance debt and telephone calls. Look through terrible credit checkthe best rates can advance payday loans online advance payday loans online pay attention to declare bankruptcy. Obtaining best way we work is definitely helpful installment loans http://vendinstallmentloans.com installment loans http://vendinstallmentloans.com for repayment of submitting it. Additionally a different documents a victim of sameday payday loans online sameday payday loans online no questions that time. Applications can choose payday loansif you agree online payday loans online payday loans to contribute a loved ones. Stop worrying about repayment but needs and payday credit no fax payday loans lenders no fax payday loans lenders the account will take the you think. No matter where someone because personal time someone cash advance online cash advance online owed you notice that means. Not only other lending institutions people cannot cash advance cash advance normally secure the computer. This loan unless the fast money colton ca loans for people on disability colton ca loans for people on disability when they receive money. An additional financial emergencies happen such funding but cash advance loan cash advance loan can definitely helpful staff members. Resident over the freedom is or http://perapaydayloansonline.com online payday loans http://perapaydayloansonline.com online payday loans obligation regarding the industry. Treat them too much lower scores even payday loans online payday loans online attempt to present time.

Klamath: Irrigators win water decision

Agriculture, Air, Climate & Weather, Federal gov & land grabs, Klamath Project - BOR, Klamath River & Dams

PNP comment: This is huge folks, HUGE !!! It is just terrible that it took 15 years to get to the right decision! — Editor Liz Bowen

  • MICHAEL DOYLE (Klamath Falls) Herald & News


AP file photo

Phil Norton, manager of the Klamath Basin National Wildlife Refuges in Tulelake, Calif., on July 17, 2001, walks across the mud flats that were created when water from the Klamath River was cut off.


Northern California and Oregon irrigation districts have won a key round in a long-running legal battle as they seek compensation for their loss of water in the Klamath River Basin.

In a 53-page opinion, U.S. Court of Federal Claims Judge Marilyn Blank Horn concluded the federal government’s 2001 diversion of Klamath River Basin water amounted to a “physical taking” of the irrigation districts’ property. Horn’s ruling Wednesday rejected the government’s argument that the diversion instead amounted to a “regulatory taking.”

The technical-sounding difference could shape the final dollar-and-cents’ outcome. As attorney Josh Patashnik put it in a Santa Clara Law Review article, a judge’s determination of a physical rather than regulatory taking “often plays a central role in determining whether property owners are paid compensation.”

“The distinction is important because physical takings constitute per se takings and impose a ‘categorical duty’ on the government to compensate the owner, whereas regulatory takings generally require balancing and ‘complex factual assessments,’ ” Horn noted.

Horn’s decision marks the latest turn in a roller-coaster case first filed Oct. 11, 2001, by the Klamath Irrigation District, individual farmers and other water users in the region straddling Northern California and southern Oregon. The case went back and forth and was originally dismissed but then resurrected in 2011 by an appeals court.

The districts and farmers, represented by the D.C.-based Marzulla Law firm, contend the government owes compensation, under the Fifth Amendment, for the temporary cessation of water deliveries in 2001 in order to protect endangered species including the Lost River sucker. The various legal and procedural complications are enumerated in the 474 separate court filings made since the first lawsuit landed in the court located near the White House.

Drawing support from past Western water cases, Horn noted that government officials employed “physical means” to cut off the farmers’ water.

“By refusing to release water from Upper Klamath Lake and Klamath River, the government prevented water that would have, under the status quo ante, flowed into the Klamath Project canals and to the plaintiffs,” Horn wrote.

Horn added that she was in “no way making any determinations as to the nature or scope of plaintiffs’ alleged property rights,” which will be figured out in a trial.


In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


1 Comment

1 Comment

  1. dick  •  Dec 30, 2016 @6:28 pm

    Time to go on the offensive.

Leave a Reply

Allowed tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>