Water shutoffs and
enforcement of adjudication
will continue. A Klamath
County judge today denied
requests to stop the
enforcement of
first-in-time,
first-in-right water law.
Judge Cameron Wogan Issued
his decision on two of four
requests for stay — requests
to stop enforcement of water
shutoffs in the upper
Klamath Basin. He denied the
two because if allowed, they
would have superseded the
senior claims by the Klamath
Tribes and Klamath Project
irrigators.
"Contrary to law, they
would elevate
petitioners over
everyone so they would
be the only ones to get
extra water if
downstream rights are
curtailed as they
request," Wogan wrote in
a letter published
online this morning.
A third request is still
in limbo. If a stay were
granted, those asking
for the stay would have
to pay damages resulting
from the water law not
being enforced. Wogan
asked the attorney in
the third case if his
clients still want to
pursue a stay even if
the bond amount could
not be capped. If a stay
happened, it could last
five to 10 years while
adjudication is
concluded in circuit
court, Wogan's letter
said.
Wogan did not make a
ruling on a fourth case,
as it still needs to
file briefs and have
oral arguments on July
24.
More on this
story in Wednesday's
print and online
editions of the Herald
and News.