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County of Okanogan Early Winters Ditch Company Lundgren Limited Family Partnership Ron Vanderyacht David C. Jones Frances A. Kaul v. National Marine Fisheries Service U.S. Fish and Wildlife Service U.S. Forest Service Harv Forsgren, Regional Forester Sonny J. O'neal, Supervisor Okanogan National Forest, Washington Environmental Council Okanogan Wilderness League Center for Environmental Law and Policy American Rivers Trout Unlimited Defenders of Wildlife, Defendants-Intervenor-Appellees

Citations: 347 F.3d 1081; 2003 Cal. Daily Op. Serv. 9398; 2003 U.S. App. LEXIS 22079; 2003 WL 22439877Docket: 02-35512

Court: Court of Appeals for the Ninth Circuit; October 28, 2003; Federal Appellate Court

Narrative Opinion Summary

In this case, appellants, including a county and a ditch company, challenged a U.S. Forest Service decision requiring reduced water use from certain ditches to protect endangered fish species. The district court ruled in favor of the federal defendants, a decision subsequently upheld by the Ninth Circuit. The Skyline and Early Winters Ditches, used for irrigation, were subject to permits revocable by the Forest Service, with no permanent water rights conferred under state law. The appellants argued that the Forest Service exceeded its authority by imposing restrictions under the Endangered Species Act (ESA), infringing on their state law water rights. However, the court found the Forest Service acted within its authority, noting that federal permits can impose conditions to protect endangered species, as mandated by the ESA. The court also confirmed that the Forest Service's actions were consistent with the Federal Land Policy and Management Act, which allows federal agencies to impose conditions on land use to minimize environmental damage. The court concluded that federal authority to regulate environmental protection could supersede state water rights, and the appellants failed to prove any vested rights predating the relevant federal statutes. Consequently, the court affirmed the summary judgment in favor of the federal defendants, upholding the imposed restrictions on the ditches to safeguard endangered fish species.

Legal Issues Addressed

Endangered Species Act Compliance

Application: The court held that the Forest Service acted within its authority under the ESA to impose restrictions on water use to protect endangered fish species.

Reasoning: The court affirmed the district court's finding that the Forest Service acted within its authority.

Federal Authority vs. State Water Rights

Application: The court found that federal authority under environmental laws could impose restrictions without infringing state law rights, as federal agencies must act within their existing authority to protect endangered species.

Reasoning: The court rejected this argument, stating that while the ESA does not grant federal agencies new powers, it requires them to act within their existing authority to protect endangered species.

Federal Land Policy and Management Act of 1976

Application: The FLPMA empowers federal agencies to impose conditions on rights-of-way to protect environmental interests, which was upheld in this case to protect endangered fish.

Reasoning: These laws grant the Forest Service the authority to manage river and stream flows in the Okanogan National Forest to protect endangered fish species.

Revocability of Water Use Permits

Application: The court determined that permits for water use on federal lands were revocable and subject to terms set by the Forest Service, which did not confer permanent water rights under state law.

Reasoning: The Skyline Irrigation Ditch... has been subject to revocation... permits did not confer legal water rights as defined by state law.

Standing in Environmental Litigation

Application: The court acknowledged that the Early Winters Ditch Company, as a permit holder, had standing to challenge the federal actions, allowing the case to be adjudicated on its merits.

Reasoning: Despite questions regarding the standing of some appellants, the Early Winters Ditch Company, as a permit holder, clearly had standing, allowing the court to proceed to the merits.