Tulare Lake Basin Water Storage District v. United States

OPINION

WIESE, Judge.

Plaintiffs are California water users who claim that their contractually-conferred right to the use of .water was taken from them when the federal government imposed water use restrictions under the Endangered Species Act. They now seek Fifth Amendment compensation for their alleged loss. The case is before the court on the parties’ cross-motions for summary judgment as to liability. The issues have been fully briefed, and oral argument was heard on March 20, 2001. We now rule in favor of plaintiffs, and deny the government’s cross-motion for summary judgment.

FACTS

This…