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DeROUSSE v. HIGGINSON

No. 10720.

505 P.2d 321 (1973)

95 Idaho 173

C. V. DeROUSSE, Plaintiff-Respondent, v. R. Keith HIGGINSON, as State Reclamation Engineer and Daniel R. Musselman as Water Master for Water District 12-A, Defendants-Appellants.

Supreme Court of Idaho.

January 17, 1973.

Attorney(s) appearing for the Case

W. Anthony Park, Atty. Gen., Phillip M. Barber, Asst. Atty. Gen., Boise, for defendants-appellants.

Barry L. Marcus, Marcus & Marcus, Boise, for plaintiff-respondent.

John A. Rosholt, Parry, Robertson, Daly & Larson, Twin Falls, amicus curiae.

BAKES, Justice.

This entire controversy revolves around a construction and interpretation of §§ 42-605 and 42-607, Idaho Code, as amended, which grant to the watermaster of a water district certain powers and duties in connection with the distribution of waters from public streams in his district. The factual background is undisputed as shown by the affidavits filed with the court in connection with the plaintiff-respondent's motion for summary judgment...

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