No. 23-216

Klamath Irrigation District v. United States Bureau of Reclamation, et al.

Lower Court: Ninth Circuit
Docketed: 2023-09-07
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: comprehensive-adjudication federal-obligations federal-removal in-rem-jurisdiction judicial-review mccarran-amendment prior-exclusive-jurisdiction state-adjudication water-rights
Latest Conference: 2024-01-05
Question Presented (from Petition)

Whether the federal government can avoid the doctrine of prior exclusive jurisdiction in an ongoing, comprehensive water adjudication under the McCarran Amendment by asserting defenses based on federal law.

Question Presented (AI Summary)

Whether the federal government can avoid the doctrine of prior exclusive jurisdiction in an ongoing, comprehensive water adjudication under the McCarran Amendment by asserting defenses based on federal law

Docket Entries

2024-01-08
Petition DENIED.
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-27
2023-11-09
Brief of Federal Respondent in opposition filed.
2023-10-05
Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2023.
2023-10-04
Motion to extend the time to file a response from October 10, 2023 to November 9, 2023, submitted to The Clerk.
2023-09-20
Waiver of right of respondent Oregon Water Resources Department to respond filed.
2023-09-05

Attorneys

Klamath Irrigation District
Frederick Richard YargerWheeler Trigg O'Donnell LLP, Petitioner
Oregon Water Resources Department
Benjamin Noah GutmanOregon Department of Justice, Respondent
United States Bureau of Reclamation, et al.
Elizabeth B. PrelogarSolicitor General, Respondent