Our Klamath Basin Water Crisis
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Judge rejects property claim from irrigators
September 1, 2005
Judge Francis M. Allegra
said Wednesday the irrigators may have a breach of
contract case against the federal government for
shutting off water supplies in 2001, but they don't
have a takings case.
That amendment says the
government can't take property without compensating
He said he would like to appeal, but needs to talk to his clients first.
"This decision is so bad
that the court of appeals will have to reverse it,"
Allegra is a judge in the
U.S. Court of Federal Claims, a part of the federal
judiciary that deals in claims against the
government, among other things. Like district
courts, the first level of most federal cases,
appeals of the rulings of the claims court are heard
by the circuit courts of appeal and then by the U.S.
Beyond that, Spain said, he
wouldn't comment until today.
Under the ruling, Marzulla
said, irrigators will be at the whim of the federal
government when it comes to water, and state laws
don't apply. The federal government will have 100
percent control of the water.
Page Updated: Thursday May 07, 2009 09:15 AM Pacific
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