Wilson

Wackerman Dairy, Inc. v. Wilson

Good Law
7 F.3d 891·1993 WL 417773
United States Court of Appeals for the Ninth CircuitOctober 21, 1993No. 91-16515California7,586 words

Opinion

Lead Opinion

Fletcher, J.

Hollis Reimers, owner of Black Butte Ranch, appeals the district court’s grant of summary judgment in favor of watermaster Wilson, the United States, and the Orland Unit Water Users’ Association (OUWUA). 1 *892 This litigation arises out of watermaster Wilson’s application of the 1930 “Angle Decree” which determines the rights of the United States and some six hundred landholders in the Stony Greek watershed. Reimers, successor in interest to members of the Scearce family who were among the original parties to the decree, seeks a declaration of her water rights under the decree. What is at issue is the water to which she is entitled without payment to the government. The government admitted in oral argument that it possesses adequate water by reservation or acquisition of appropriation rights to fulfill whatever its obligations are to Reimers under the decree. Accordingly, the priorities of other parties to the decree are not affected.

Reimers contends that the stipulation incorporated in the Angle Decree sets forth the method for calculating the amount of water to which she is entitled as a matter of contractual right. The United States and OU-WUA contend that this contractual…

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