Our Klamath Basin
Upholding rural Americans' rights to grow food,
own property, and caretake our wildlife and natural resources.
Klamath Adjudication -- Adair Decision Reversed
From Steve Shropshire. Sent: Monday, July 21, 2003
12:38 PM Subject: Klamath Adjudication --
provided by OWRC
The Ninth Circuit today reversed Judge Panner's
decision in the 2001 Adair case on the grounds that
it was not ripe for decision. In that decision, he
entered a declaratory judgment, finding that the
Klamath Tribes had an aboriginal right to gather
plants, and he set forth a two-step method for how
the State of Oregon should determine whether such
rights had been established. The Ninth Circuit
vacated the 2001 decision and remanded the case to
the Oregon District Court with an instruction to
enter an order staying all federal proceedings
pending completion of the Oregon adjudication and
all related appellate review.
This is a significant decision for everyone involved
in the adjudication, because it calls back into
question the scope and credibility of the Tribes'
claim to water in the basin. At a minimum, the
decision could significantly change the manner in
which the Tribes' adjudication claims are evaluated
and resolved. However, the reverberations could be
much greater, potentially shifting the current
balance of power in basin affairs.