Ninth Circuit· 9/9/1999
Klamath Water Users Protective Ass'n v. Patterson
Citations
- 204 F.3d 1206
- 2000 WL 85313
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that third-party beneficiary status does not result merely because a government contract operates to benefit identified non-parties; evidence of a clear intent to confer such status is required
- holding that the water rights of the Klamath, Yurok and Hoopa Valley Tribes “take precedence over any alleged rights of the Irrigators,” who use Klamath project water
- holding that the water rights of the Klamath, Yurok and Hoopa Valley Tribes “take precedence over any alleged rights of the Irrigators,” who use Klamath project water
- finding that the third parties were not intended beneficiaries without discussing whether the term “third-party beneficiary” was used in the contract
- noting that in construing provisions in a 2 written contract, the terms should be read as a whole and “preference” should be “given to 3 reasonable interpretations.”
- providing that the Tribes’ senior rights “carry a priority date of time immemorial”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ferguson, Fletcher, Tashima
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