ELR Citation: ELR 20008
No(s). 05-5047 (Fed. Cir. Jan 9, 2006)

The court affirms the dismissal of a rancher's Fifth Amendment claim against the United States for the taking of his water rights on federally owned grazing land within the Lewis and Clark National Forest. The rancher alleged that by allowing another permittee to graze on the land at issue, the United States effected a taking of his exclusive water rights. The trial court, however, held that the rancher failed to file his claim within the six-year statute of limitations prescribed by 28 U.S.C. §2501. Because the trial court correctly determined that the issuance of the U.S. Forest Service's record of decision and final environmental impact statement marked the accrual of the rancher's claim, the trial court's ruling was affirmed.