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Judge cancels water hearing
Published May 19, 2003
By DYLAN DARLING
H&N Staff Writer
The drama of a court hearing has been canceled out as part of the equation that will determine irrigation in the Klamath Basin. A hearing set for Tuesday afternoon in the District Court in Oakland, Calif. has been called off by Judge Saundra B. Armstrong.
In the case, a group of downstream interests led by the Pacific Coast Federation of Fishermens' Association is trying to get the U.S. Beaurau of Reclamation and the National Marine Fisheries Service to release more water for salmon in the Klamath River.
Armstrong will now review the brief and declarations that have been submitted and issue a written order, said Lisa Clark, her court clerk.
"She does not require oral arguments - she will rule on the paper," Clark said.
Clark said she does not know when the order will be issued.
The canceling of the case means many people involved with the case have had to cancel their travel plans and will continue waiting to see how Armstrong will rule.
Dan Keppen, executive director of the Klamath Water Users' Association, which joined as a defendant in the case, said he didn't know if the cancellation was a good or bad thing.
"What it does is take the circus aspect out of it," he said.
David Haddock, the Pacific Legal Foundation attorney representing the water users said he didn't think his clients' case will be affected.
"We lose an opportunity to make an argument to the court but everyone else does too," he said.
He said he is still confident the water users will prevail in the case.
Kristen Boyles, the Earthjustice attorney representing the fishermen also said she is confident in her case. She said Armstrong would have used the oral hearing to ask questions she had about the two sides.
"If the judge doesn't have any questions, then I don't see it affecting my case," she said.
What the order in the case will mean for the Klamath Reclamation Project depends on what Armstrong decides, said Dave Sabo, manager of the bureau's Klamath area office.
"Until she rules, there is nothing I can say," he said.
By DYLAN DARLING
H&N Staff Writer
The drama of a court hearing has been canceled out as part of the equation that will determine irrigation in the Klamath Basin. A hearing set for Tuesday afternoon in the District Court in Oakland, Calif. has been called off by Judge Saundra B. Armstrong.
In the case, a group of downstream interests led by the Pacific Coast Federation of Fishermens' Association is trying to get the U.S. Beaurau of Reclamation and the National Marine Fisheries Service to release more water for salmon in the Klamath River.
Armstrong will now review the brief and declarations that have been submitted and issue a written order, said Lisa Clark, her court clerk.
"She does not require oral arguments - she will rule on the paper," Clark said.
Clark said she does not know when the order will be issued.
The canceling of the case means many people involved with the case have had to cancel their travel plans and will continue waiting to see how Armstrong will rule.
Dan Keppen, executive director of the Klamath Water Users' Association, which joined as a defendant in the case, said he didn't know if the cancellation was a good or bad thing.
"What it does is take the circus aspect out of it," he said.
David Haddock, the Pacific Legal Foundation attorney representing the water users said he didn't think his clients' case will be affected.
"We lose an opportunity to make an argument to the court but everyone else does too," he said.
He said he is still confident the water users will prevail in the case.
Kristen Boyles, the Earthjustice attorney representing the fishermen also said she is confident in her case. She said Armstrong would have used the oral hearing to ask questions she had about the two sides.
"If the judge doesn't have any questions, then I don't see it affecting my case," she said.
What the order in the case will mean for the Klamath Reclamation Project depends on what Armstrong decides, said Dave Sabo, manager of the bureau's Klamath area office.
"Until she rules, there is nothing I can say," he said.
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