Victor Bowker v. Rogers C. B. Morton, and Kern County Water Agency, Intervenors-Appellees

This case comes before us on interlocutory appeal under 28 U.S.C. § 1292 (b) from a dismissal by the district court of one of plaintiffs’ claims. The action involves the question of whether federal reclamation law is applicable to a state irrigation project which utilizes several facilities which were jointly constructed by the state and federal governments. The major implication of the application of federal reclamation law would be a requirement that each recipient of irrigation water must dispose of all his land in excess of 160 acres. The district court dismissed a claim alleging that federal law is ipso facto applicable to such a state project. It is this claim which is on appeal here. We do not reach the merits of the claim since it is our view that plaintiffs do not have standing to bring this action.

I. The Facts.

The Central Valley Project is a system of dams and canals for water conservation and distribution which was designed during the 1920’s and 1930’s for irrigation of California’s Central Valley. Additional facilities have been constructed since that time. The construction of the project was under the supervision of the Federal Bureau of Reclamation.…