KLAMATH WATER USERS PROTECTIVE ASSOCIATION V. PATTERSON
204 F.3d 1206 (9th Cir. 1999)
NATURE OF THE CASE: Klamath (P) appealed a decision, which held that P did not have
third-party beneficiary water rights.
FACTS: In 1917, the United States (D) and Copco (D) entered into an agreement to
construct a Dam and then convey it to the United States (D). In return, Copco (D) and the
United States (D) entered into a fifty-year contract (1917-1967) that gave Copco (D) the
right to operate the Dam. The Contract was renewed in 1956 for an additional fifty years
(1956-2006). The United States (D) and Copco (D) are the only named parties to the Contract.
P are irrigators that used the Dam. The parties do not dispute that the Dam was built to
help the United States (D) satisfy its contractual obligations to water users in the basin,
including P. The project also served other federal purposes, such as impounding water to
flood the adjacent wildlife refuges. Copco's (D) interest was in controlling the flow of
water to the Copco (D) -owned hydroelectric facilities downstream from the Dam. The United
States (D) initiated a public process to establish a new operating plan for the Dam. In
1997, P brought suit as a third party beneficiary for breach of contract because the 1997
plan was circumvented because of an agreement made between parties wherein P was not
included. D was granted its motion for summary judgment and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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