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IN RE WATER TO WATER RIGHT

Nos. 42775, 42836.

369 P.3d 897 (2016)

160 Idaho 119

In the Matter of the Distribution of WATER TO WATER RIGHT NOS. 36-02551 & 36-07694 (RANGEN, INC.) IDWR DOCKET CM-DC-2011-004. Rangen, Inc., Petitioner-Respondent and Appellant, v. The Idaho Department of Water Resources, Gary Spackman, in his official capacity as Director of the Idaho Department of Water Resources, and Fremont-Madison Irrigation District, Respondents-Respondents, and Idaho Ground Water Appropriators, Inc., Intervenor-Appellant and Respondent, and City of Pocatello, Respondent-Appellant and Respondent, and A & B Irrigation District, Burley Irrigation District, Milner Irrigation District, North Side Canal Company, Twin Falls Canal Company, American Falls Reservoir District # 2, Minidoka Irrigation District, Intervenors-Respondents.

Supreme Court of Idaho, Boise, December 2015 Term.

Rehearing Denied May 9, 2016.

Attorney(s) appearing for the Case

Brody Law Office, PLLC, Rupert, Haemmerle Law Office, PLLC, Hailey, and May, Browning and May, PLLC, Boise, for respondent and appellant Rangen, Inc. Justin J. May argued.

Racine Olson Nye Budge & Bailey, Chartered, Pocatello, for appellant and respondent Idaho Ground Water Appropriators, Inc. Thomas J. Budge argued.

White & Jankowski LLP, Denver, and A. Dean Tranmer, City of Pocatello, Pocatello, for appellant and respondent City of Pocatello. Sarah Klahn argued.

Honorable Lawrence G. Wasden , Idaho Attorney General, Boise, for respondents Idaho Department of Water Resources and Gary Spackman. Garrick L. Baxter argued.

Rigby, Andrus & Rigby, Rexburg, for respondent Fremont-Madison Irrigation District. Jerry R. Rigby argued.

Barker Rosholt & Simpson, LLP, Twin Falls, for respondents A & B Irrigation District, Burley Irrigation District, Milner Irrigation District, North Side Canal Company and Twin Falls Canal Company.

Fletcher Law Office, Burley, for respondents American Falls Reservoir District # 2 and Minidoka Irrigation District. W. Kent Fletcher argued.

The Idaho Ground Water Appropriators, Inc. ("IGWA") and the City of Pocatello filed separate appeals from a district court order, affirming in part and vacating in part an order issued by the Director of the Idaho Department of Water Resources ("IDWR") that curtailed junior ground water pumping in the Eastern Snake Plains...

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