Farmers Tell High Court Tribes Don't Have Dibs On Water

Law360 (March 19, 2020, 8:14 PM EDT) -- A coalition of southern Oregon and Northern California farmers has urged the U.S. Supreme Court to undo a Federal Circuit ruling that determined tribes have priority over farmers for water rights, arguing that the appeals court should have deferred to state law in the matter.

The Federal Circuit decision handed down in November "upends a century of western water law and destroys the efficacy of Oregon's adjudication of state-based and federal reserved water rights," the farmers told the high court in a petition filed March 13.

"The adverse practical consequences of undermining the previously settled relationship between federal reserved rights and...

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