
WASHINGTON, D.C. – The U.S. Supreme Court today refused to hear the case of Baley vs. United States, an 18-year-old case regarding water rights on the Klamath Basin, agreeing with the Court of Appeals that Basin irrigators’ water rights were subordinate to the Tribes’ federal reserved water rights.
The court’s refusal to hear the case brought by Klamath Basin irrigators settles for good the question of whether reduced water deliveries to Klamath Basin agricultural producers in 2001 constituted a taking of private property under the Fifth Amendment, according to a statement from Earthjustice.
The Court of Appeals argued that the federal reserved rights of the Tribes need not have been adjudicated or quantified before they were asserted to protect the Tribes’ fishing rights. The decision is available here: www.cafc.uscourts.gov