KLAMATH FALLS, Ore. – Three counties and 10 major western water and agricultural organizations have filed friend-of-the-court briefs supporting a request by the Klamath Water Users Association for a larger panel of judges to review a recent federal court ruling involving water deliveries in the Klamath Project.
Background
The filings were submitted in the U.S. Court of Appeals for the Ninth Circuit, backing a petition filed by the Klamath Water Users Association, or KWUA. The organization is seeking an en banc rehearing, a process in which a larger group of appellate judges reviews a decision previously issued by a three-judge panel.
The case centers on how the Endangered Species Act applies to water deliveries from the federally operated Klamath Project, which provides irrigation water to farms in Southern Oregon and Northern California. KWUA is challenging a June 17 decision issued by a divided three-judge panel, arguing that the ruling should be reconsidered because it conflicts with more recent Supreme Court and Ninth Circuit precedent regarding when federal agencies must consult under the Endangered Species Act.
Support from Local Governments
Klamath County in Oregon and Siskiyou and Modoc counties in California argued in a brief that the panel’s decision could significantly affect residents and local economies. The counties urged the court to conduct a proper legal analysis under Supreme Court and Ninth Circuit precedent while considering the local impacts of the decision.
“Our counties know too well the harsh impacts of the Endangered Species Act on rural economies and communities,” Siskiyou County Supervisor Michael Kobseff said in a statement. “That’s one reason we act together to ensure that the ESA is at least applied fairly and consistently.”
KWUA President Scott Seus, a farmer in the Tulelake area, praised the counties for their involvement. “The farm and ranch community in Klamath, Siskiyou and Modoc counties notices that, and we’re grateful for it,” Seus said.
Broad Implications
Support also came from a coalition of western water and agricultural organizations, which argued that the case carries broad implications because millions of people throughout the West depend on Bureau of Reclamation water projects.
April Snell, executive director of the Oregon Water Resources Congress, said water users across the West are closely watching the outcome. “Water users throughout the West understand that what happens in Klamath can affect us all,” Snell said, adding that the organizations’ support underscores the importance of reliable water supplies for irrigated agriculture.
KWUA Executive Director Elizabeth Nielsen said the filings demonstrate strong partnerships among organizations that advocate for irrigated agriculture across the region.
The Ninth Circuit will now determine whether to grant the request for rehearing. If accepted, the case would be reconsidered by a larger panel of judges, potentially providing additional guidance on how federal agencies should balance long-standing contractual obligations with Endangered Species Act consultation requirements.
Original reporting: KTVZ (Central Oregon) — read the source article.
