Klamath Irrigation District v. Bureau of Reclamation

SCOTUS Denies Cert in McCarren Act Issue re: Klamath River

January 8, 2024Matthew L.M. Fletcher

Here is today’s order list.

The petition in Klamath Irrigation District v. Bureau of Reclamation is here.

The BOR is here.

Reply is here:

Klamath II Reply Final.pdf Download

Federal Brief in Opposition in Klamath River Matter [McCarren Act]

November 17, 2023Matthew L.M. Fletcher

Here is the brief in Klamath Irrigation District v. Bureau of Reclamation (No. 23-216):

BOR.pdf Download

Petition is here.

SCOTUS Declines to Review Ninth Circuit’s Rule 19/Tribal Immunity Decision

November 1, 2023Matthew L.M. Fletcher

Here is Monday’s order list.

The petition was Klamath Irrigation District v. Bureau of Reclamation: petition and opposition briefs.

Federal and Tribal Briefs in Opposition in Klamath Irrigation District v. Bureau of Reclamation

October 2, 2023October 2, 2023Matthew L.M. Fletcher

Here:

Federal Brief in Opposition.pdf Download

Hoopa & Klamath Brief in Opposition.pdf Download

Cert petition and other materials here.

Second Klamath Irrigation District v. Bureau of Reclamation Cert Petition [McCarren Act Issues]

September 13, 2023Matthew L.M. Fletcher

Here:

Cert Petition.pdf Download

Question presented:

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.

The first petition is here.

Klamath Irrigation District v. Bureau of Reclamation Cert Petition [Rule 19 & Tribal Immunity]

May 18, 2023Matthew L.M. Fletcher

Here:

Klamath Irrigation District Cert Petition.pdf Download

Question presented:

Whether Federal Rule of Civil Procedure 19 requires dismissal of an action challenging a federal agency’s use of water subject to state-adjudicated water rights if a Native American tribe asserts an interest in the suit and does not consent to joinder.

Lower court materials here.