Recognizing the Limits of Water Rights: Rejecting Takings Claims in Klamath Irrigation District v. United States

摘要

The Klamath Basin of southern Oregon and northern California is the setting of a water rights conflict that is about much more than just water. In this Article, Esther Westbrook examines a recent decision of the Court of Federal Claims, Klamath Irrigation District v. United States, that addresses some of the legal issues implicated when water rights, unsustainable land use, and endangered species collide. The case reminds us that water rights in the West come with legal restraints and limitations and that the government must work toward developing water policies that meet the needs of a changing society.