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Great news in this recent NARF victory for the water protectors.

✨ 🙌 🦆 :yaysun:

"This is a tremendous victory for the Klamath Tribes, which NARF represented as amicus curiae in the case, as well as for the other Klamath Basin tribes, the United States, and environmental groups.

In this long-running case, Klamath Project irrigators sought nearly $30 million in compensation from the United States government for the Bureau of Reclamation’s curtailment of Project water deliveries during a severe drought in 2001. The water restrictions were made to meet Endangered Species Act requirements and fulfill tribal trust responsibilities. In late 2017, the US Court of Claims confirmed that the Klamath Tribes and downriver Klamath Basin tribes have senior water rights over other water interests in the Klamath Basin. Thus, the Project irrigators, as junior water rights users under the western water law system of “first in time, first in right,” were not entitled to receive any Project water in 2001."

"NARF Staff Attorney Sue Noe was not surprised by the court’s ruling, “The courts continue to rule in favor of the Klamath Tribes’ water rights because it is the only interpretation that makes sense. The Tribes have lived in the Klamath Basin for millennia. In an 1864 treaty they relinquished millions of acres of their homeland to the United States in exchange for guarantees, including protections for the tribal right to harvest fish in their streams and lakes. There is no expiration date on those treaty promises, and they cement the Tribes’ top water rights in the region.”"

Sources:

narf.org/cases/baley-v-us/

klamathtribes.org/news/no-comp

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