Klamath Water Users Association (KWUA) is disappointed in a decision issued today by the United States Court of Appeals that affects water users who rely on the Klamath Project for irrigation water.
In a 2-1 ruling, the court found that the U.S. Bureau of Reclamation (Reclamation) has discretion to curtail water deliveries to protect species that are listed as threatened or endangered under the Endangered Species Act (ESA).
KWUA had argued, based on recent legal precedent, that longstanding contracts – some over 100 years old – do not trigger section 7 of the ESA, which requires federal agencies to exercise discretionary actions in a manner that does not jeopardize species populations. KWUA contended that water deliveries under Klamath Project contracts are nondiscretionary actions.
