[Poohbah]

The basis of the water rights in Oregon precede the Constitution. The Klamath Project was built in accordance with the water rights laws of Oregon.

But it was built in violation of the Constitution, as Federal monies were spent on something NOT within the authority of the Federal Government.

Whether the water rights of Oregon permitted the project or not is irrelevant--the Constitution forbade its construction with Federal money. The state of Oregon or the farmers could have built it instead.

[Ben Ficklin]

The water rights are the water rights. The builder of the project is irrelevant.

If we all adhered to your notion of constitutionality, we would quickly conclude that our society/culture is un- constitutional. You included.