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SOUTHERN IDAHO F. & G. ASS'N v. PICABO LIVESTOCK, INC.

No. 11269.

528 P.2d 1295 (1974)

96 Idaho 360

SOUTHERN IDAHO FISH AND GAME ASSOCIATION, a corporation et al., Plaintiffs-Respondents, v. PICABO LIVESTOCK, INC., a corporation, Defendant-Appellant.

Supreme Court of Idaho.

On Rehearing December 18, 1974.

Attorney(s) appearing for the Case

Benoit, Benoit & Alexander, Edward L. Benoit, Twin Falls, D. Blair Clark, Boise, for defendant-appellant.

Edward H. Heap, Ketchum, for plaintiffs-respondents.

W. Anthony Park, Atty. Gen., Boise, amicus curiae.

Jones & Jones, T.J. Jones, III, Boise, for Idaho Fish & Game Commission, amicus curiae.

Anderson, Kaufman, Anderson & Ringert, Boise, for Idaho Cattlemen's Association, amicus curiae.

BAKES, Justice.

Plaintiff-respondent Southern Idaho Fish and Game Association, hereinafter respondent, brought a declaratory judgment action to have the court determine the rights of the members of respondent and the members of the public similarly situated, in and to the use of the waters of Silver Creek, and the bed, channels and banks thereof for fishing and recreational uses.

Silver Creek, with its headwaters in Blaine County, is generally known as the...

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