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STATE EX REL. TAPPAN v. SMITH

No. 10006.

444 P.2d 412 (1968)

92 Idaho 451

STATE of Idaho ex rel. Carl E. TAPPAN, State Reclamation Engineer, Plaintiff-Respondent, v. Clyde E. SMITH and Bonnie Smith, husband and wife, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied September 10, 1968.

Attorney(s) appearing for the Case

Anderson, Kaufman, Anderson & Ringert, Boise, for appellants.

Allan G. Shepard, Atty. Gen., and William D. Collins, Asst. Atty. Gen., Boise, and Stephen W. Boller, Sp. Asst. Atty. Gen., Shoshone, Herman E. Bedke, Pros. Atty. of Cassia County Burley, for appellee.

SMITH, Chief Justice.

Respondent, the state reclamation engineer, seeks to enjoin appellants, Clyde E. Smith and wife, from withdrawing underground water from a well on their farm, and from changing the point of diversion and place of use of water from two other wells. Respondent prays for an injunction restraining appellants from doing any act violative of respondent's orders of July 3, 1964, and August 25, 1964, and any act violative of the provisions of I.C. &...

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