No. 20-1376

Michael Abatti, et al. v. Imperial Irrigation District

Lower Court: California
Docketed: 2021-04-01
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: bryant-v-yellen due-process federal-law federal-reclamation imperial-valley prior-appropriation property-rights reclamation-act standing water-law water-rights
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-06-24 (distributed 2 times)
Question Presented (AI Summary)

Whether the District may abrogate the farmers' water rights that it previously conceded, and that this Court recognized, in Bryant

Question Presented (OCR Extract)

QUESTIONS PRESENTED Farmers in California’s Imperial Valley, including petitioners, rely on water delivered by respondent Imperial Irrigation District to irrigate their lands. Because this water comes from a federal reclamation project, its delivery is governed by state and federal law, the latter of which mandates that “[t]he right to the use of water acquired under the provisions of this [Reclamation] Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right.” 43 U.S.C. § 372. In this case, respondent District claims that it is the sole owner of water rights in the Valley. But in Bryant v. Yellen, 447 U.S. 352 (1980), a case in which the District was also a party, the District argued that it would be “wrong” to conclude that “the District, not the landowners, owns” the water rights, because federal law requires those “rights be satisfied with respect to individual landowners and their lands.” Brief for Pet’r Imperial Irrigation District, No. 79-435, at 32-33, 50; Pet. for Cert. No. 79-345, at 16, 17. At the District’s urging, therefore, this Court concluded that the water right was “equitably owned by the beneficiaries to whom the District was obligated to deliver water,” Bryant, 447 U.S. at 371—namely, farmers like petitioners. The questions presented are: 1. Whether the District may abrogate the farmers’ water rights that it previously conceded, and that this Court recognized, in Bryant. 2. Whether Imperial Valley farmers have federally protected water rights under § 8 of the Reclamation Act, 43 U.S.C. § 372.

Docket Entries

2021-06-28
Petition DENIED.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-07
Reply of petitioners Michael Abatti, et al. filed. (Distributed)
2021-06-02
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
2021-05-26
Brief of respondent Imperial Irrigation District in opposition filed.
2021-04-26
Response Requested. (Due May 26, 2021)
2021-04-23
Brief amici curiae of California Farm Bureau, Imperial County Farm Bureau, Imperial Valley Water, Don Barioni, Jr., Howard Elmore, Richard Elmore, Mike Morgan, and Doug Westmoreland filed.
2021-04-14
DISTRIBUTED for Conference of 4/30/2021.
2021-04-09
Waiver of right of respondent Imperial Irrigation District to respond filed.
2021-03-29
Petition for a writ of certiorari filed. (Response due May 3, 2021)

Attorneys

California Farm Bureau, Imperial County Farm Bureau, Imperial Valley Water, Don Barioni, Jr., Howard Elmore, Richard Elmore, Mike Morgan, and Doug Westmoreland
Jeffrey Matthew HarrisConsovoy McCarthy PLLC, Amicus
Jeffrey Matthew HarrisConsovoy McCarthy PLLC, Amicus
Imperial Irrigation District
Jennifer Leigh MeekerNossaman LLP, Respondent
Jennifer Leigh MeekerNossaman LLP, Respondent
Michael Abatti, et al.
H. Christopher BartolomucciSchaerr | Jaffe LLP, Petitioner
H. Christopher BartolomucciSchaerr | Jaffe LLP, Petitioner