By Emily Wood, May 13, 2009 KDRV
KLAMATH FALLS, Ore. - The Oregon Supreme Court
was in Klamath Falls Wednesday to hear a case
from the 2001 Klamath Basin water crisis.
In 2001, with the basin facing a drought, the
Bureau of Reclamation shut off irrigation water
to farmers to save endangered fish species in
the Klamath River.
The Klamath Basin water users lawsuit against
the federal government alleges the government
took personal property by shutting off water,
and now they want compensation.
Federal judges want the Oregon Supreme Court to
answer questions about the lawsuit and state
water rights. They want the state Supreme
Court's help in understanding the context of
Oregon's water laws.
"For 100 years the water's been used on the
Klamath Project to grow crops, and that was the
purpose of the Federal Reclamation Act to make
water available to grow crops," says Klamath
Irrigation District Attorney Bill Ganong.
"They have rights here, they absolutely have
rights to irrigation water in this project. The
questions is, what's the nature of those rights?
How far do they go? Do they trump the rights
that the fishermen have?" asks Pacific Coast
Federation of Fishermen's Association Todd True.
There is no monetary figure at this time for
compensation. The court would first have to rule
that the government did in fact take water that
belonged to irrigators.
A written opinion from the Oregon Supreme Court
could take anywhere from six months to two
years. That decision then goes back to the
Federal Circuit Court in Washington D.C. for a
final ruling.
The public hearing was held at Klamath Union
High School, giving community members an
opportunity to see how the state Supreme Court
operates.