Fed. Circ. Revives Landowners' Water Rights Claims

Law360, New York (February 17, 2011, 6:38 PM EST) -- Landowners and water districts in Oregon and California will get another shot to prove they own contractual and equitable rights to waters managed by the federal government in the Klamath River Basin, the Federal Circuit ruled Thursday.

Overturning a summary judgment ruling in the federal government’s favor, a three-judge panel in the U.S. Court of Appeals for the Federal Circuit said a 1905 Oregon statute did not preclude the plaintiffs from acquiring property interests in water rights held by the U.S.

The panel remanded the case...
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