Usdc-Orm

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: KLAMATH IRRIGATION No. 22-70143

DISTRICT,

______________________________ D.C. No. 1:21-cv-00504-

KLAMATH IRRIGATION AA

DISTRICT,

Petitioner,

OPINION

v.

UNITED STATES DISTRICT

COURT FOR THE DISTRICT OF

OREGON, MEDFORD,

Respondent,

U.S. BUREAU OF RECLAMATION;

OREGON WATER RESOURCES

DEPARTMENT,

Real Parties in Interest.

Petition for a Writ of Mandamus

Argued and Submitted November 18, 2022 San Francisco, California

Filed June 5, 2023 2 KLAMATH IRRIGATION DISTRICT V. USDC-ORM

Before: Richard R. Clifton and Bridget S. Bade, Circuit Judges, and M. Miller Baker,* Judge.

Opinion by Judge Clifton; Dissent by Judge Baker

SUMMARY**

Mandamus / Water Rights

The panel denied a petition for writ of mandamus brought by Klamath Irrigation District (“KID”) to compel the district court to remand KID’s motion for a preliminary injunction to the Klamath County Circuit Court in Oregon in a case involving a dispute over the allocation of water within the Klamath Basin. In 1975, Oregon began the Klamath Basin Adjudication (“KBA”), a general…