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Supreme Court in
Klamath
State high court hears arguments,
answers questions
By TY
BEAVER
H&N Staff Writer
Those arguments were made on a basketball court
rather than in a courtroom.
Six of seven justices from the Oregon Supreme Court
convened at Klamath Union High School’s Pelican
Court to begin answering questions for the U.S.
Court of Appeals about whether Basin water users
could sue the federal government for the taking of
irrigation water without just compensation.
The justices did not make a decision afterward. It
likely will be up to six months, if not longer,
before the court sends its opinion to the federal
court.
H&N photos by Ty Beaver - Klamath
County commissioners Al Switzer and John
Elliott, top, listen during a hearing of
the Oregon Supreme Court at Klamath
Union High School Wednesday with other
community members.
The lawsuit remained in civil court proceedings for
years before a judge ruled the water users didn’t
have standing to file the suit.
That decision was appealed to the U.S. Court of
Appeals, whose judges asked the state court to weigh
in on a number of questions about Oregon water law.
Ganong told the court the issue is whether water
users have a property right based on various state
and federal acts and contracts with the U.S. Bureau
of Reclamation’s Klamath Reclamation Project.
Justices asked him to specify how documents and
common law fulfill that argument and whether water
was appropriated by the state or federal governments
at any other time.
Attorney David Shilton of the U.S. Department of
Justice argued against the possibility water users
have a property right regarding water, saying the
relationship between the federal government and
water users is based on contracts through which
they’ve already attempted legal action.
Appropriate label
Justices asked what the appropriate label for water
users’ rights was based on Shilton’s argument, and
what then prevented the federal government from
arbitrarily cutting off water supplies.
A representative of the Oregon Water Resources
Department also testified. The department earlier
encouraged the court not to get involved because it
would interrupt the Klamath Basin water adjudication
process.
But Stiffler told the court that if it does become
involved, the department is of the opinion that the
water users do have a viable interest regarding the
case.
H&N photo by Ty Beaver -
Justices of the Oregon Supreme Court
listen to oral arguments by a federal
attorney Wednesday at Klamath Union High
School’s Pelican Court.
Part
of the reason the Oregon Supreme
Court holds hearings across the
state about twice a year is to
interact with the public, especially
students. Following are some of the
questions asked by students in
between cases Wednesday.
Q:
What is the next step in this case
involving the water users?
A:
Justice Robert D. Durham said the
court’s role in the case was unique.
Instead of making a ruling, the
court will answer questions on state
law to help another court make a
ruling.
The
justices of the court will meet and
take a tentative vote on how to
answer the questions. A justice will
then be assigned to
draft a brief that all the justices
will review and then edit and
debate. After a final opinion is
written, it will be given to the
court requesting it and also made
available to the public online.
Q: Before hearing
this case, did you know much about
Southern Oregon issues and has it
helped?
A: Gillette said
it’s not uncommon for the court to
hear cases of which it has no
previous information. The court
didn’t know anything specific about
issues in Southern Oregon, but its
members had heard news reports.
“It
would be difficult to live in Oregon
and not be aware of the issues in
the Klamath Basin,” he said.
Oregon
Supreme Court Chief Justice Paul
DeMuniz says it’s not every day the
court gets to hear a case in front
of the crowd it will impact.
Those
attending Wednesday’s hearing at
Klamath Union High School’s Pelican
Court said it was beneficial to have
the hearing in Klamath Falls.
“We
felt good about having the
opportunity for citizens to see the
court in action,” the chief justice
said.
DeMuniz
said the court tries to handle cases
of local interest when it travels
around the state.
“It’s very
difficult. This was a unique
circumstance,” he said.
Greg Addington,
executive director of Klamath Water
Users Association, and Hollie
Cannon, executive director of
Klamath Water and Power Agency, said
it was great an issue of such great
importance locally was being heard
in Klamath Falls. Another spectator
was just glad the court was in
Klamath Falls.
“It
doesn’t matter what the issue is as
long as they’re here,” said Bill
Kenney, Poe Valley irrigator.
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