Smith v. Tumalo Irrigation District

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 18 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MATTHEW JAMES SMITH; PAUL No. 24-70 CALLEN; KATHY POWELL; ALLAN D. D.C. No. CLACK; DARREN PARKER; LYNN 6:20-cv-00345-MK

WARNER; KEVIN CORKERY; ANN

CORKERY; JBC RANCH PROPERTIES,

LLC, MEMORANDUM*

Plaintiffs - Appellants,

v.

TUMALO IRRIGATION

DISTRICT; RONALD ALVARADO, in his official capacity as State Conservationist, Natural Resources Conservation Service, United States Department of Agriculture; NATURAL RESOURCES CONSERVATION SERVICE, a federal agency of the United States Department of Agriculture,

Defendants - Appellees.

Appeal from the United States District Court for the District of Oregon Michael J. McShane, Chief District Judge, Presiding

Argued and Submitted December 3, 2024

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Portland, Oregon

Before: CALLAHAN, NGUYEN, and SUNG, Circuit Judges.

Plaintiffs,…