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Lawyer rallies area irrigators
Irrigators urged to write congressmen
Published March 12, 2003
By DYLAN DARLING
With his lawsuit for Klamath Reclamation Project irrigators held up in the justice system, Washington, D.C.-based attorney Roger Marzulla, came to Klamath Falls Tuesday in an attempt to rally people involved in the case.
About 200 people showed up to hear where the case is at, and what needs to be done.
The case was filed in the Federal Court of Claims and pits the Klamath Project irrigation districts against the federal government. Marzulla told those at the meeting held at the Klamath County Fairgrounds that he needs their help in getting the case moving again.
"The power - the strength of this Basin - lies in its unity," he said. "Stick together."
He wants irrigators to write their congressmen and others in power.
The case has been delayed since last summer. The judge is weighing whether to stay the case until the adjudication of water in the Basin is done. The case is primarily based on the government's alleged violation of irrigators' constitutional rights. Marzulla also amended the case recently with a claim that the government breached the contracts it had with water users in 2001.
Marzulla also doesn't want them to jump ship and join another potential lawsuit, which is focused on the breach of contract issue. The attorneys interested in that case, Alan Saltman, Gary Stevens and Kevin Garden from the law firm of Saltman and Stevens, also of Washington, D.C., will be in Tulelake Saturday to meet with irrigators interested in signing up. Their meeting is at 1 p.m. at the Tulelake-Butte Valley Fairgrounds.
Garden, via a phone call Tuesday, said his firm wrote Marzulla and suggested joining forces, but he Marzulla declined the offer.
It will be up to water users themselves which legal path they want to take.
Garden said the two cases won't conflict.
"Every water user will have their choice in what avenue they want to pursue," he said.
Marzulla said he wants people to stay focused on his lawsuit because getting involved with another lawsuit would cause the irrigators to lose a unified voice.
"It splits us up, it gets us fighting against each other," he said.
But how much will his lawsuit cost?
Marzulla said he couldn't say exactly because it depends on how long it takes.
"I can't tell you that it's going to be cheap," he said.
It was the second time Marzulla had made a visit to the Basin. The first time was in mid summer of 2001.
At that time he said he wanted to seek about $1 billion in damages from the government.
Tuesday he said that figure came from adding up the property value of all the agriculture land serviced by the project and he had used it to send a message to the government that it shouldn't think it can cut project water every year.
If the irrigation districts win the compensation would probably be less than $1 billion, but it would still be a significant figure, he said.
Gordon and Sandra Kandra, whose son now runs the farm they retired from near Malin, sat in the first row at the meeting.
Sandra said irrigators are having to go through the legal system to try to get compensated for the losses of 2001 because they don't have many other options.
"We can't just sell our farm, there is no one who will take it with all these problems," said Gordon.
The couple said they want to stick with the Marzulla lawsuit and they plan to start writing letters, like Marzulla asked them to.
Sandra said it won't be the first time she's tried to communicate with the government.
"I've written so many letters, I couldn't count them all," she said.
But what kind of response has she got?
"I haven't received a lot of answers, you kind of wonder where they end up," she said.
Published March 12, 2003
By DYLAN DARLING
With his lawsuit for Klamath Reclamation Project irrigators held up in the justice system, Washington, D.C.-based attorney Roger Marzulla, came to Klamath Falls Tuesday in an attempt to rally people involved in the case.
About 200 people showed up to hear where the case is at, and what needs to be done.
The case was filed in the Federal Court of Claims and pits the Klamath Project irrigation districts against the federal government. Marzulla told those at the meeting held at the Klamath County Fairgrounds that he needs their help in getting the case moving again.
"The power - the strength of this Basin - lies in its unity," he said. "Stick together."
He wants irrigators to write their congressmen and others in power.
The case has been delayed since last summer. The judge is weighing whether to stay the case until the adjudication of water in the Basin is done. The case is primarily based on the government's alleged violation of irrigators' constitutional rights. Marzulla also amended the case recently with a claim that the government breached the contracts it had with water users in 2001.
Marzulla also doesn't want them to jump ship and join another potential lawsuit, which is focused on the breach of contract issue. The attorneys interested in that case, Alan Saltman, Gary Stevens and Kevin Garden from the law firm of Saltman and Stevens, also of Washington, D.C., will be in Tulelake Saturday to meet with irrigators interested in signing up. Their meeting is at 1 p.m. at the Tulelake-Butte Valley Fairgrounds.
Garden, via a phone call Tuesday, said his firm wrote Marzulla and suggested joining forces, but he Marzulla declined the offer.
It will be up to water users themselves which legal path they want to take.
Garden said the two cases won't conflict.
"Every water user will have their choice in what avenue they want to pursue," he said.
Marzulla said he wants people to stay focused on his lawsuit because getting involved with another lawsuit would cause the irrigators to lose a unified voice.
"It splits us up, it gets us fighting against each other," he said.
But how much will his lawsuit cost?
Marzulla said he couldn't say exactly because it depends on how long it takes.
"I can't tell you that it's going to be cheap," he said.
It was the second time Marzulla had made a visit to the Basin. The first time was in mid summer of 2001.
At that time he said he wanted to seek about $1 billion in damages from the government.
Tuesday he said that figure came from adding up the property value of all the agriculture land serviced by the project and he had used it to send a message to the government that it shouldn't think it can cut project water every year.
If the irrigation districts win the compensation would probably be less than $1 billion, but it would still be a significant figure, he said.
Gordon and Sandra Kandra, whose son now runs the farm they retired from near Malin, sat in the first row at the meeting.
Sandra said irrigators are having to go through the legal system to try to get compensated for the losses of 2001 because they don't have many other options.
"We can't just sell our farm, there is no one who will take it with all these problems," said Gordon.
The couple said they want to stick with the Marzulla lawsuit and they plan to start writing letters, like Marzulla asked them to.
Sandra said it won't be the first time she's tried to communicate with the government.
"I've written so many letters, I couldn't count them all," she said.
But what kind of response has she got?
"I haven't received a lot of answers, you kind of wonder where they end up," she said.
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