United States v. 129.4 Acres of Land, More or Less, in the County of Yuma, State of Arizona, and Fred W. Kamrath, and Unknown Owners

This is an appeal from an order of partial summary judgment ordering the United States to pay compensation to the Yuma Mesa Irrigation and Drainage District (District) for 77.4 acres condemned by the United States. The district court certified its order under 28 U.S.C. Sec. 1292 (b), and we have granted permission to appeal.

The District, a corporate political subdivision of the State of Arizona, is part of the Gila Project, a federal reclamation and irrigation project constructed pursuant to the Gila Project Act, 43 Stat. 702 (December 5, 1924), and the Gila Project Reauthorization Act, 61 Stat. 628 (July 30, 1947). The District is obligated by contract with the Secretary of the Interior to repay both the construction costs of the District’s lined lateral system and pumping stations and its proportionate share of the operation and maintenance costs of the Gila Project works. The District makes annual assessments upon all the irrigable land within its boundaries to meet those expenses; unpaid assessments become liens upon the land. A bundle of contract and statutory provisions ensure that each irrigable acre within the District pays its fair share of these common costs. Because…