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BAKER v. ORE-IDA FOODS, INC.

No. 11039.

513 P.2d 627 (1973)

95 Idaho 575

Simon L. BAKER et al., Plaintiffs and Respondents, v. ORE-IDA FOODS, INC., a Delaware corporation, et al., Defendants, Ore-Ida Foods, Inc., a Delaware corporation, HOI Corporation, (formerly Ore-Ida Foods, Inc.), an Oregon corporation, Defendants and Appellants, Golden Valley Land & Cattle Company, a corporation, et al., Defendants and Respondents.

Supreme Court of Idaho.

July 26, 1973.

Attorney(s) appearing for the Case

Adonis H. Nielson of Nielson, Nielson & Nielson, Burley, R. Allen Wight of Miller, Anderson, Nash, Yerke & Wiener, Portland, Or., for defendants and appellants.

Thomas G. Nelson of Parry, Robertson, Daly & Larson, Twin Falls, for plaintiffs and respondents.

Lloyd J. Walker of Walker, Depew & Kennedy, Twin Falls, for defendants and respondents Golden Valley.

Herman E. Bedke, Burley, for defendants and respondents Glenn Briggs and Hazel Briggs, Bill Brockman and Jane Doe Brockman.

SHEPARD, Justice.

This is an appeal from a judgment for plaintiffs enjoining defendants from operating their irrigation wells. Defendants' wells pumped from a ground water aquifer underlying both plaintiffs' and defendants' land. This Court must for the first time, interpret our Ground Water Act (I.C. § 42-226 et seq.) as it relates to withdrawals of water from an underground aquifer in excess of the annual recharge rate. We are also called upon to construe our...

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