may get their water as judge mulls altering injunction
Herald and News April 20, 2018
A U.S. district court judge is leaning toward giving the Klamath
Basin Project irrigators the water they are seeking for the
Judge William Orrick of San Francisco issued an order Thursday
seeking more documentation from both parties in a lawsuit over
the release of water down the Klamath River to protect
Orrick wrote that given new data, "I am inclined to issue an
indicative ruling that modification of the injunction is
necessary. Among the modifications would be a provision that
allows the parties to move in the district court to modify the
injunction to the extent that there are new developments in the
best available science or if certain conditions and hydrology
He's asked all sides to submit supplemental briefings no later
than next Thursday.
The Bureau of Reclamation was to start charging canals on
Thursday and to deliver water to Klamath Project irrigators by
late April, pending court action.
Reclamation filed a proposed Klamath Project Operations plan a
few weeks ago in U.S. District Court for the Northern District
of California to allocate 252,000 acre feet for Project
irrigators, which is 65 percent of a normal allocation of
390,000 acre feet of water.
The court filing, as well as the motion by Klamath Water Users
Association (KWUA) filed March 9, would need to be approved to
release water deliveries to the Basin irrigators.
A hearing before Orrick was held April 11.
More details will follow with
reactions as this story is updated on the H&N website. The court
order is attached here.
Judge Orrick Request for Supplemental Briefing 4/19/18
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