IN THE UNITED STATES COURT OF FEDERAL CLAIMS

KLAMATH IRRIGATION DISTRICT, et al.          )                                                                                                                                                   )

                             Plaintiffs,                                   )  No. 01-591 L

                                                                                )        

                 vs.                                                          )  Judge Diane Sypolt                                                                                                                     )

UNITED STATES OF AMERICA,                     )

                                                                                )

                              Defendant.                               )

____________________________________)

SECOND DECLARATION OF ALBERT J. ROBISON

            I, Albert J. Robison, pursuant to 28 U.S.C. § 1746, hereby declare as follows:

            1.   I am now and have been since 1966, an owner, jointly with Fred A. Robison of 75.8 acres of high-value agricultural land with appurtenant water rights in Modoc County, California. See Decree of Distribution (Apr. 29, 1966), Ex. ___.     This land is part of the Klamath Project, and is located within Tulelake Irrigation District (TID).  The crop usually grown on this land is wheat, which is highly productive.  For example, in 2000, two and one-have tons of wheat per acre was harvested, which sold for approximately one hundred and fifteen dollars a ton.[1] 

            2. Title to this property was originally conveyed by the United States to my deceased father, Wade T. Robison.  He obtained this land, with its appurtenant water rights, from the United States by patent deed, recorded [insert here]. See United States Patent No. 1110509, Sacramento 031548. [need a copy and cite portion on appurtenant water rights.].   

            3.  This land is part of the [number] acres of lake bottom ceded to the United States by the State of California in 1905 for the construction of the Klamath Project.

            4.  This area, known as Township 47 North Range 5 East of the Mount Diablo Meridian, California, Tule Lake Division was made available to World War I (WWI) veterans like my father through a lottery conducted by the government. My father qualified for the Klamath Project lottery by reason of his service in the [describe branch, theater, what he did in the War].  

            5.  To be included in the lottery, my father had to meet the following criteria: (a) proof of WWI military service; (b) two years of farming experience; (c) $2,000 minimum in assets; (d) a certificate of health; and (e) several letters of character reference.  Moreover, applicants were restricted to ownership of 160 acres of land, and were required to farm the land for five consecutive years in order to receive a patent. This is the farm I grew up on.

            6.  Since TID had not yet been formed (because the United States still owned most of the Tule Lake acreage), Reclamation initially required that my father to file a water rental application, see Form 7-289, which included a clause which reads:  “I agree to the inclusion of my land in an irrigation district and I agree also to participate in the organization of an irrigation district at the earliest practicable date.”  However, this water rental application automatically terminated once Reclamation announced the construction charges to service my land.  See Public Notice (Sept. 9, 1937).   However, this water rental application automatically terminated once Reclamation announced the construction charges to service the land. 

            7. Once these charges were announced, Reclamation required my father, and other Tule Lake homesteaders to file a water right application. See Form A, Application for Permanent Water Right (Nov. 29, 1951).  This application reads: “[A]pplication is hereby made to the United States of America . . . for a permanent water right for the irrigation of and to be appurtenant to all of the irrigable area now or hereafter developed under the above-named project within the tract of land described in paragraph 2, as shown by plats now or hereafter approved by the Secretary of Interior.”  The water right application also confirmed that my father would pay Reclamation construction charges. 

            8.  From my conversations with Reclamation officials, as well as the language of the water right application itself, I have always understood that the quantity of water appurtenant to my land is that amount which can be applied to beneficial use.  See Form A at ¶3 (“The quantity of water to be furnished hereunder shall be that quantity which may be applied beneficially in accordance with good usage in the irrigation of land described in paragraph 2 . . . .”). 

            9.  On this parcel, I have annually received from the Klamath Project all of the water I can beneficially use, (with minor exceptions in the drought years of 1992 and 1994).  My father also received as much water as he could beneficially use while I was growing up and helping him with the farm. 

            10. Then in 2001, for the first time, Reclamation announced there would be no water for the farmers.  We in fact received no water at all in 2001.  [Verify did not receive any of he small amount release by the Bureau.]. [Describe crop loss.  Did Lon Robison plant anything?]

            11. Throughout the 2001 irrigation season, Upper Klamath Lake contained large quantities of water that should have been released to Klamath Project water users.  Reclamation refused to release this water, however, despite the entreaties of the farmers and the devastating losses we sustained. [describe losses]      

            I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.  

Executed on July ___, 2003                  ______________________________

                                                                        ALBERT J. ROBISON