SALEM, Ore. (AP) - The Oregon Court of Appeals won’t resolve a dispute over the impact of Klamath basin wells on surface waters due to newly imposed regulations in the area.
The Capital Press reports the appellate court has dismissed the case because it’s moot and unworthy of review after the Oregon water regulators adopted different rules governing surface water interference from wells in the Upper Klamath basin earlier this year.
The lawsuit was filed by several irrigators in the region whose wells were shut down in 2015 and 2016 by the Oregon Water Resources Department, which determined that groundwater pumping was reducing flows in the Sprague River to the detriment of senior water rights holders.
Sarah Liljefelt, attorney for the plaintiffs, said the dismissal is disappointing because the agency’s repeated rule changes have effectively denied the irrigators a ruling on the merits of their case.
Richard Deitchman, an attorney for irrigation districts with senior water rights who sided with the agency in the dispute, said his clients consider the dismissal a “win.”
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