Doi
Minidoka Irrigation District v. Department of Interior
Opinion
Opinion
Gould, J.
The Minidoka Irrigation ’ District (“MID”) sued the federal government alleging, inter alia, that the government had breached its contract to credit MID with profits derived from the operation of the Minidoka Project power plant. On remand from our Court in Minidoka Irrigation District v. DOI, 154 F.3d 924 (9th Cir.1998) (“Minidoka I ”), the district court held a bench trial and returned judgment in favor of the government, ruling that MID’s contract claim is barred by the six-year statute of limitations in 28 U.S.C. § 2401 (a). MID appeals the district court’s judgment for the government, arguing that: (1) repudiation cannot trigger the statute of limitations on a continuing contract; (2) the government’s repudiation was anticipatory and could not trigger the statute of limitations; and (3) the district court erred in finding that the Bureau of Reclamation (“Bureau”) had unequivocally repudiated the contract by March of 1985. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
I
“The Minidoka Project is an irrigation project constructed by the [Bureau] under the Reclamation Act of 1902.” Minidoka I, 154 F.3d at 925. The Burley Irrigation District (“Burley”) and…