Klamath Falls, Ore. – A federal judge has ruled that Klamath Project farmers are not entitled to compensation for a shutoff of irrigation water in 2001.
Water to the Klamath Project was shut off in 2001, and used instead to protect fish under the Endangered Species Act.
A lawsuit was filed that year, claiming the shutoff was an illegal ‘taking’ under the Fifth Amendment, and that farmers were entitled to financial compensation.
“I don’t know if the figure had been arrived to, and I thought that’s what the trial was largely about,” said Klamath Water Users Association Executive Director Scott White. “Thirty million dollars (is the figure that) was thrown around.”
However, after more than 15 years of litigation, a federal judge has ruled the shutoff was not a taking of property.
“The judge did acknowledge that there is some ag use rights to the Project water users,” White said. “However, Tribal rights played a major role in her decision.”
White adds the ruling could set a precedent for water use in the west, and future farmers. “This case was a little bit of hope for them that there would be a future – and since it didn’t go their way, I think there’s a lot of disappointment out there.”
No decision has yet been made on whether the ruling will be appealed.
Klamath Tribal Chairman Don Gentry issued a statement, saying: “We are pleased with the decision. This affirmation of the Tribes’ water rights should be another step toward the healing and restoration of our Tribal treaty fisheries.”
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