[env-trinity] Overturn centuries of California Water Law

[Byron]

Despite much clamor from many diverse political sources, Wiese's largesse is
formalized into a settlement.  Stand by for more great news.  The writing is
messed up because it was copied from a pdf file.  

 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

TULARE LAKE BASIN WATER STORAGE

DISTRICT, et aI.

Plaintiffs A. No. 98-101L

Judge John P. Wiese

UNITED STATES OF AMERICA

Defendant.

SETTLEMENT AGREEMENT

Plaintiffs TULARE LAKE BASIN WATER STORAGE DISTRICT, a California water

storage district, HANSEN RANCHES, a general partnership, the KERN COUNTY
WATER

AGENCY, a political subdivision of the State of California, LOST HILLS WATER
DISTRICT

a Californa water distrct, H.P. ANDERSON & SONS, a general parership,
WHEELER

RIGE-MACOPA WATER STORAGE DISTRICT, a Californa water storage distrct, THE

JOSEPHSON FAMILY LIVING TRUST dated July 12, 1991 , THE BROWN FAMILY LIVING

TRUST dated September 26, 1991 , and M- B FARING CO., a general parnership,

Plaintiffs ) and Defendant UNITED STATES OF AMERICA, by and through their
attorneys

of record, and hereby agree as follows:

Plaintiffs and Defendant have engaged in good faith settlement negotiations
to

avoid fuer litigation.

By way of compromise and settlement, the UNITED STATES shall pay to

Plaintiffs the sum of Sixteen Milion Seven Hundred Thousand Dollars ($16 700
000.00), as full

SETTLEMENT AGREEMENT - PAGE 1

and final payment of all claims arsing out ths action, including those by
Plaintiffs and interests

if any, derivative of Plaintiffs. The payment shall be made by wire transfer
in the amount of

$16 700 000.00 to the account of WHEELER RIDGE-MACOPA WATER STORAGE

DISTRICT at Wells Fargo Ban, ABA 12/000248, FFC Kern County Treasurer, Acct

4160101358. The distrbution of that payment as among the Plaintiffs (and
interests, if any,

derivative of Plaintiffs ' claims) and as between Plaintiffs and their
counsel in this dispute shall

be a matter left to Plaintiffs and their counsel.

The paries shall enter into a voluntar dismissal ofthis action with
prejudice

pursuant to Rule 41 (a)(1) of the Rules of the Cour of Federal Claims.

Plaintiffs agree to accept ths payment as full, complete and final
resolution of all

claims, including, but not limited to, all claims that Plaintiffs did assert
or could have assered in

their complaint (and amendments, if any, thereto) in this or any other
action for just

compensation, interest, attorneys ' fees and other litigation expenses , or
for any other form of

relief arsing from the facts pled in the complaint on file herein (and
amendments, if any,

thereto).

Ths agreement is the result of compromise and settlement, and shall not be

constred as an admission by Defendant of any legal or specific monetar
liability as to any or all

of Plaintiffs ' claims for just compensation , interest, attorneys ' fees
and other litigation expenses

or any other kind of legal or equitable relief, nor shall ths settlement be
interpreted to constitute

a precedent or arguent in ths or any other case.

The paries agree to execute any and all documents necessary to consumate
this

settlement, including but not limited to signed authorizations from each of
the Plaintiffs

SETTLEMENT AGREEMENT - PAGE 2

expressing approval of this Settlement Agreement and such authorizations as
wil express the

approval of interests, if any, derivative of Plaintiffs. Such authorizations
must be provided by

Plaintiffs and received by the United States prior to the distrbution of
fuds and the dismissal of

Plaintiffs ' complaint.

Dated: December 1!, 2004

MAULLA & MARULLA UNITED STATES OF AMERICA

the Plaintiffs

Fred R. Disheroon, Counsel for

the United States

SETTLEMENT AGREEMENT - PAGE 3

 

Byron Leydecker

Chair, Friends of Trinity River

Consultant, California Trout, Inc.

PO Box 2327

Mill Valley, CA 94942-2327

415 383 4810 ph

415 519 4810 ce

415 383 9562 fx

bwl3 at comcast.net

 <mailto:bleydecker at stanfordalumni.org> bleydecker at stanfordalumni.org
(secondary)

http://www.fotr.org

http://www.caltrout.org

 

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