Underwood Livestock, Inc. v. United States

OPINION GRANTING DEFENDANT’S MOTION FOR RECONSIDERATION AND ENTERING SUMMARY JUDGMENT FOR DEFENDANT

WILLIAMS, Judge.

In this Fifth Amendment takings case, Plaintiff Underwood Livestock, Inc. (“Underwood”) alleges that the Bureau of Land Management (“BLM”) obstructed Underwood’s use of its water rights by removing a water diversion structure in a creek flowing within Underwood Canyon in Nevada, and by fencing and barricading the surrounding area. The Interior Board of Land Appeals (“IBLA”) concluded that there was no right-of-way authorizing the construction or maintenance of the diversion…