ELR Citation: 56 ELR 20083
No(s). 23-15499 (9th Cir. Jun 17, 2026)

The Ninth Circuit, 2-1, affirmed a district court ruling that the ESA applied to the Bureau of Reclamation's operation of a water management initiative in Northern California and Southern Oregon that provides water for irrigation and wildlife refuges. The district court determined the ESA applied to the Bureau's operation of the project and allowed releases from Upper Klamath Lake for ESA compliance purposes. On appeal, the Klamath Irrigation District and a group representing local water users argued the district court erred in determining that the ESA applied, that its decision amounted to a "judicial taking" of the irrigation district's water rights, and that it did not have jurisdiction to decide the claim. The appellate court held that ESA §7(a)(2) applied to Bureau operations related to the project, that the district court decision was not a "judicial taking" of the district's water rights because determining whether the ESA applied was not an adjudication of water rights, and that the district court had jurisdiction to decide the cross-claim seeking to confirm the Bureau's authority to operate the project in compliance with the ESA because the doctrines of prior exclusive jurisdiction and Colorado River abstention did not apply.