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APPLICATION OF BIG LOST RIVER IRRIGATION DISTRICT

No. 8493.

307 P.2d 788 (1957)

Matter of the Application of BIG LOST RIVER IRRIGATION DISTRICT for Approval of Plans, Drawings, and Specifications amending Plans, Drawings, and Specifications heretofore approved for Raising of Reservoir Level Five Feet at the Mackay Dam. BIG LOST RIVER IRRIGATION DISTRICT, Plaintiff-Respondent, v. Mark R. KULP, State Reclamation Engineer of the State of Idaho, Defendant-Appellant.

Supreme Court of Idaho.

February 26, 1957.

Attorney(s) appearing for the Case

Graydon W. Smith, Atty. Gen., John R. Smead, Asst. Atty. Gen., for appellant.

Robert M. Kerr, Jr., Blackfoot, for respondent.

PORTER, Justice.

In the year 1952 the Big Lost River Irrigation District filed an application with the State Reclamation Engineer for approval of plans, drawings and specifications for raising the reservoir level at Mackay Dam in Custer County an additional height of fifteen feet. The State Reclamation Engineer approved the raising of the reservoir level an additional five feet in height. The spillway of the Mackay Dam is some seventy-five feet in width. The approved...

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