Ninth Circuit sides with Yurok Tribe over Klamath Irrigation Project

The Ninth Circuit ruled that the U.S. Bureau of Reclamation must comply with the Endangered Species Act when operating the Klamath Irrigation Project, affirming a lower court's decision. The 2-1 ruling emphasized that the ESA applies to the Bureau's operations and that water users' rights are subject to ESA requirements. The majority rejected claims of judicial taking and confirmed the lower court's jurisdiction.