1. “Whether the United States effected a physical taking of a California water district’s property right to beneficial use of Santa Clara River water when the government appropriated the Santa Clara River water for the United States’ own use—namely, an increase in the flow of water in the Santa Clara River for the public purpose of fish preservation—by preventing the water district from diverting the Santa Clara River water into the water district’s own facilities where it could be put to the district’s beneficial use.”
2. “Whether United’s Complaint alleging that the Santa Clara River water the government appropriated by reducing the amount of Santa Clara River water that United could divert at the Vern Freeman Diversion dam (‘Freeman Diversion’) and put to United’s beneficial use, as permitted under United’s California water license and permit, sufficiently alleged a physical taking of a portion of United’s California water rights.”
3. “Whether the governmental action at issue here, when examined as a physical taking, is ripe for adjudication and within the subject matter jurisdiction of the trial court based on United’s uncontroverted allegation that the governmental action appropriated a portion of United’s property right to beneficial use of Santa Clara River water beginning in 2017.”
