AVONDALE IRRIGATION DIST. v. NORTH IDAHO PROP., INC.

No. 11370.

523 P.2d 818 (1974)

96 Idaho 1

AVONDALE IRRIGATION DISTRICT et al., Plaintiff-Respondents, v. NORTH IDAHO PROPERTIES, INC., an Idaho corporation, et al., and the unknown owners and the unknown claimants and/or unknown heirs and/or unknown devisees of any deceased person, having, claiming or asserting any interest in and to those waters of Hayden Lake, located within Water District No. 93, Kootenai County, Idaho, Defendants, and United States of America, Intervenor-Appellant, and Robert J. Adamson et al., Intervenors, and R. Keith Higginson, Director of Water Administration, Idaho State Department of Water Administration, Intervenor-Respondent.

Supreme Court of Idaho.

June 27, 1974.


Attorney(s) appearing for the Case

Walter Kiechel, Deputy Asst. Atty. Gen. of the U.S., and Paul L. Westborg, Boise, Asst. U.S. Atty., for intervenor-appellant U.S.

W. Anthony Park, Atty. Gen. of Idaho, and Nathan W. Higer, Asst. Atty. Gen., Boise, for intervenor-respondents.


BAKES, Justice.

In October, 1966, three Idaho irrigation districts brought an action to adjudicate water rights in Hayden Lake and its tributaries. Hayden Lake is located in Kootenai County, Idaho, and, but for a small part of its west end, is surrounded by the Coeur d'Alene National Forest. The national forest was reserved and set aside out of public lands of the United States by Presidential Proclamation in 1906. In November, 1968, the United States Government,...

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