that decision is available as a .pdf file on the web in case anyone
is interested: http://www.law.gwu.edu/cofc%2Ddata/wiese/01/tulare.pdf
Jim
>Dear All
>
>At first I was a little disturbed by this decision but then I
>remembered a similar case in the UK that I found out about when I
>was involved in a consultancy project. A fish farmer in North
>Yorkshire lost his whole business when the local water company
>extracted so much water for domestic consumption that the water
>table fell way below normal levels. He just woke up one morning and
>there wasn't any water left. I don't believe he was ever compensated
>for his loss (which at the time, I thought was disgusting) but I
>have to say that I would have perhaps felt differently if the water
>was directed for the benefit of wildlife. Choices have to be made
>over who has a greater need for the water but if this results in
>some economic loss that can be adequately proven then yes, the
>government should pay. Maybe 'they' (policymakers/government) will
>start considering alternatives like encouraging/sponsoring farmer
>cooperatives to store their own water if they keep being ! stung
>like this.
>
>Ciao
>
>Emma
>
>
>
>
>
> >From: Jim Tantillo
> >Reply-To: "Discussion forum for environmental ethics."
> >To: [log in to unmask]
> >Subject: Decision in important U.S. endangered species case
> >Date: Wed, 9 May 2001 08:26:36 -0500
> >
> >Hi everyone,
> >
> >The following link provides an article on a decision in the U.S.
> >courts that doubtless will affect endangered species litigation for
> >years to come:
> >
> >***********************************************************************
> >
> >COURT AWARDS COMPENSATION FOR FEDERAL TAKING OF WATER
> >
> >WASHINGTON, DC, May 8, 2001 (ENS) - A precedent setting ruling in
> >federal
> >claims court has determined that the redirection of water supplies
> >to
> >endangered species in California in the early 1990s constitutes a
> >taking of
> >property, and that water customers must be compensated. The ruling
> >could
> >affect similar claims now being raised by farmers in northern
> >California,
> >where irrigation water has been withheld to aid endangered fish.
> >
> >For full text and graphics visit:
> >http://ens.lycos.com/ens/may2001/2001L-05-08-06.html
> >
> >***********************************************************************
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