Ninth Circuit Denies Appeal Challenging Decision of the U.S. Fish and Wildlife Service to Protect Endangered Species by Requiring Reduction In Water Use
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County of Okanogan; Early Winters Ditch Company et al. v. National Marine Fisheries; U.S. Fish and Wildlife Service
On October 29 the Ninth Circuit Court of Appeals upheld a lower court ruling denying the Washington State County of Okanogan’s challenge of a decision by the U.S. Forest Service to restrict the use of water from ditches to maintain instream flow levels for the protection of endangered fish under the Endangered Species Act (ESA). The court was unpersuaded by appellants claim that the Forest Service lacked the authority to restrict their water rights under a special use permit because such restrictions denied them their vested water rights under state law.
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Read related items on:
Statutes - Federal) Federal Land Policy and Management Act) General
Statutes - Federal) National Forest Management Act) General
Topics) Water Rights) Instream Water Rights
Topics) Water Supply) Endangered Species
Washington) Okanogan National Forest
9th Circuit Court of Appeals
Fish & Wildlife Service
National Marine Fisheries Service
County of Okanogan, Early Winters Ditch Co., et al. v. National Marine Fisheries, U.S. Fish and Wildlife Service, et al.