Federal Circuit Court of Appeals Rejects California Water Contractors’ Takings Claims

February 2025

California Water Law & Policy Reporter, Volume 35, Number 5

On December 17, 2024, the United States Court of Appeals for the Federal Circuit issued an opinion in City of Fresno v. United States rejecting Fifth Amendment takings claims by Friant Division Central Valley Project (CVP) contractors and water users who were denied water deliveries and water users who were denied water deliveries during the 2014 drought. The opinion affirms the 2020 dismissal and grant of summary judgment by the Court of Federal Claims in favor of the government, finding the plaintiffs failed to establish they possess property rights in the water deliveries under their CVP service contract with Reclamation (Friant Contract).

Subscribers to the California Water Law & Policy Reporter or the Western Water Law & Policy Reporter can read the full article here.