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U.S. v. ADAIR

No. CV 75-914-PA.

187 F.Supp.2d 1273 (2002)

UNITED STATES, Plaintiff, and Klamath Indian Tribes, Plaintiff-Intervenor, v. Ben ADAIR, et al., Defendants, and State of Oregon, Defendant-Intervenor.

United States District Court, D. Oregon.

As Amended April 9, 2002.

Attorney(s) appearing for the Case

Michael W. Mosman, United States Attorney, James J. Sutherland, Assistant U.S. Attorney, District of Oregon, Eugene, OR, David W. Harder, United States Department of Justice, Denver, CO, for Plaintiff United States.

Carl V. Ullman, Attorney at Law, The Klamath Tribes Water Adjudication Project, Chiloquin, OR, Walter R. Echo-Hawk, K. Jerome Gottschalk, Native American Rights Fund, Boulder, CO, for Plaintiff-Intervenor Klamath Tribes.

Carol Dehaven Skerjanec, Attorney at Law, Vale, OR, for Defendants Kenneth J. Hufford, Leslie Hufford, Peggy Marenco, Hart Estate Investment Company, Boyd P. Braren, Boyd P. Braren Trust, John P. Mosby and Marilyn M. Mosby.

Hardy Myers, Attorney General, David E. Leith, Assistant Attorney General, Salem, OR, for Defendant-Intervenor.

AMENDED OPINION & ORDER

PANNER, District Judge.

I. BACKGROUND

In this action, the Court declared the existence, nature, scope and priority of the reserved Indian water rights of the Klamath Tribes, but left the quantification of those rights to the State of Oregon's Klamath Basin Adjudication ("KBA"). See, United States v. Adair, 478 F.Supp. 336 (D.Or.1979) ("Adair I"). The Court entered a...

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