Klamath Irrigation District Seeks Oregon Supreme Court Guidance Following California Federal Court Ruling

The Klamath Irrigation District has filed a motion asking the Ninth Circuit Court of Appeals to certify two crucial questions to the Oregon Supreme Court regarding water rights and federal authority, following an earlier ruling in California federal court. The case centers on determining the U.S. Bureau of Reclamation’s power to control and use water under Oregon state law.

The dispute originated from a 2021 Oregon Water Resources Department order that restricted the Bureau of Reclamation from releasing stored water from Upper Klamath Lake for any purpose except irrigation. The Bureau’s Link River Dam, constructed in the early 1900s, manages water storage for the federal Klamath Project, which serves approximately 230,000 acres of agricultural land spanning southern Oregon and northern California.

The U.S. government, joined by the Yurok Tribe and fishing industry groups, challenged the Oregon order in California federal court. They argued that the order should be preempted under the U.S. Constitution’s supremacy clause due to conflicts with the Endangered Species Act. U.S. District Judge William H. Orrick agreed, ruling in February 2023 that the Oregon department’s order was barred by the ESA, citing potential harm to downstream coho salmon populations and the Southern Resident killer whales that feed on them.

“Resolving these questions regarding reclamation’s authority under its water rights and Oregon law is essential, as it will establish a critical precedent for water rights across Oregon, particularly in the Klamath Basin,” the District stated in its motion. The outcome “will affect the legal landscape for water rights throughout Oregon and directly impact the livelihoods of thousands of Oregonians in the Klamath Basin.”

The District argues that certification to the Oregon Supreme Court is necessary to ensure proper interpretation of state water rights laws and to avoid potential conflicts between state and federal rulings. The decision could significantly influence how the Bureau of Reclamation achieves compliance with the Endangered Species Act in the future, affecting both Oregon and California stakeholders.

The case is proceeding in the U.S. Court of Appeals for the Ninth Circuit, with Klamath Irrigation District represented by Nathan R. Rietmann of Rietmann & Kim LLP.

The Yurok Tribe, Pacific Coast Federation of Fishermen’s Associations and Institute for Fisheries Resources are represented by Patti A. Goldman and Kristen Boyles of Earthjustice. 

The Bureau of Reclamation is represented by Thomas K. Snodgrass, Robert P. Williams, Kevin McArdle and John L. Smeltzer of the U.S. Department of Justice’s Environment and Natural Resources Division, Lance C. Wenger of the U.S. Department of the Interior and Megan J. Walline of the National Oceanic and Atmospheric Administration.

The cases are Yurok Tribe et al. v. Klamath Water Users Association et al., case number 23-15499, and Yurok Tribe et al. v. Klamath Irrigation District et al., case number 23-15521, in the U.S. Court of Appeals for the Ninth Circuit.

source: Klamath Irrigation District – In the FLOW newsletter