The Fifth Amendment protects the right to life, liberty, and property. This week, the Supreme Court should take a critical step to protect the private property rights of farmers and ranchers in the Western states. Their rights were infringed upon by a lower court ruling that upended the water laws of the region and abandoned over a century of federal deference to state law for adjudicating and administering water rights.

The Supreme Court is considering whether to grant review in Baley v. United States, a case that involves bedrock principles of Western law, federalism, and the Fifth Amendment. In the West, the use of water for irrigation is a property right, earned by diligent work and beneficial use of the water. The conflict in Baley centers on the federal government taking water developed and stored solely for irrigation uses authorized through the 1905 Klamath Project.