CIRS Blog about Rural California
Judges concluded that the government owes additional damages for the Bureau of Reclamation’s failure to deliver enough water to the Stockton-based Central San Joaquin Water Conservation District. Potentially, the district could collect millions of dollars.
“We are thrilled that the court of appeals has seen the justice of Central’s claim,” attorney Roger J. Marzulla said Monday (Aug. 4), adding the decision “now clears the way for Central to recover at least a portion of the tremendous damage done . . . by Reclamation’s unexcused breach of contract.”
The ruling issued Friday (Aug. 1) by the U.S. Court of Appeals for the Federal Circuit reversed a trial judge, who had rejected the water district’s claims for “expectancy” damages. In this case, these cover things like damages to farmers and the local groundwater aquifer resulting from the shortfalls in surface water deliveries.
The water district has previously asked for about $13.1 million in damages.