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Washington — Northern California and Oregon irrigation districts have won a key round in a long-running legal battle as they seek compensation for their loss of water in the Klamath River Basin.

In a 53-page opinion, U.S. Court of Federal Claims Judge Marilyn Blank Horn concluded the federal government’s 2001 diversion of Klamath River Basin water amounted to a “physical taking” of the irrigation districts’ property. Horn’s ruling Dec. 21 rejected the government’s argument that the diversion instead amounted to a “regulatory taking.”

The technical-sounding difference could shape the final dollar-and-cents’ outcome. As attorney Josh Patashnik put it in a Santa Clara Law Review article, a judge’s determination of a physical rather than regulatory taking “often plays a central role in determining whether property owners are paid compensation.”

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