Patterson

Klamath Water Users Protective Ass'n v. Patterson

Good Law
204 F.3d 1206·2000 WL 85313
United States Court of Appeals for the Ninth CircuitSeptember 9, 1999No. 98-35708California3,027 words

Opinion

Lead Opinion

Tashima, J.

ORDER

The opinion filed September 9, 1999, is amending by adding a new footnote 3 at the end of Part II.B.3, slip op. at 11169, 191 F.3d at 1123, as follows:

With this amendment, the panel has voted to deny appellants’ petition for panel rehearing. Judge Tashima votes to deny the petition for rehearing en banc and Judges B. Fletcher and Ferguson so recommend.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on en banc rehearing. Fed. R.App. P. 35(b).

The petition for panel rehearing and the petition for rehearing en banc are denied.

*1209 OPINION

This appeal involves a basic contract issue: whether the Klamath Water Users Protective Association and other irrigators in the Klamath Basin (collectively, the “Ir-rigators”) are third-party beneficiaries to a 1956 contract (the “Contract”) between the United States Bureau of Reclamation (“Reclamation” or “United States”) and the California Oregon Power Company (“Copco”) that governs the management of the Link River Dam (the “Dam”) in the Klamath Basin (the “Project”). We hold that they are not. The district court concluded that the Irrigators do not have…

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