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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________________________________ ) KLAMATH IRRIGATION DISTRICT, et al., ) ) Plaintiffs, ) v. ) No. 01-591 L ) UNITED STATES OF AMERICA, ) ) Judge Francis M. Allegra Defendant, ) ) PACIFIC COAST FEDERATION OF ) FISHERMEN'S ASSOCIATIONS, ) ) Defendant-Intervenor. ) DEFENDANT'S NOTICE OF SUPPLEMENTAL AUTHORITY Defendant, the United States, respectfully requests the Court to grant us leave to file a copy of the decision issued by the United States Court of Appeals for the Ninth Circuit on August 10, 2005, in John E. Smith et al. v. Central Arizona Water Conservation District, No. 0316962, 2005 WL 1876363 (9th Cir. 2005). In this decision, consistent with its prior decisions in Orff v. United States, 358 F.3d 1137 (9th Cir. 2004), aff'd on other grounds, 125 S. Ct. 2606 (2005), and Klamath Water Users Protective Ass'n v. Patterson, 204 F.3d 1206 (9th Cir. 2000), the Court of Appeals for the Ninth Circuit held that the plaintiff landowners were not third-party beneficiaries of contracts between the United States and irrigation districts entered into pursuant to Federal water reclamation law. This recently issued decision in the area of reclamation water contracts and third-party beneficiary law may be of assistance to the Court in reaching its decision in this case.
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For these reasons, we respectfully request the Court to grant us leave to file this supplemental authority. Dated: August 11, 2005 Respectfully submitted, KELLY JOHNSON Acting Assistant Attorney General Environment & Natural Resources Division s/Kristine S. Tardiff KRISTINE S. TARDIFF Attorney of Record for the Defendant United States Department of Justice Environment & Natural Resources Division Natural Resources Section 53 Pleasant Street, 4th Floor Concord, NH 03301 Tel: (603) 230-2583 Fax: (603) 225-1577 STEPHEN M. MACFARLANE United States Department of Justice Environment & Natural Resources Division Natural Resources Section 501 I Street, Suite 9-700 Sacramento, CA 95814-232 Tel: (916) 930-2204/Fax: (916) 930-2210 REGINALD T. BLADES, JR. United States Department of Justice Civil Division Commercial Litigation Branch 8th Floor, 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 514-7300/Fax: (202) 307-0972