CIRS Blog about Rural California
In his budget released on January 10th, Governor Jerry Brown proposed on-going investments in climate smart agriculture programs, including the new Healthy Soils Program. The budget proposes to maintain current funding levels. However, there’s a catch. The funding will only become available if the legislature votes by two-thirds to extend the cap-and-trade program beyond the year 2020 when the program is set to expire. Why the catch?
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.”