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STATE, DEPT. OF PARKS v. IDAHO DEPT, WATER ADMIN.

No. 11455.

530 P.2d 924 (1974)

96 Idaho 440

In the Matter of Permit Application No. 37-7108 in the Name of the State of Idaho Department of Parks (Malad Canyon Springs). STATE of Idaho, DEPARTMENT OF PARKS, Respondent, Idaho Water Users Association et al., Respondents and Cross Appellants, v. IDAHO DEPARTMENT OF WATER ADMINISTRATION, Appellant and Cross Respondent.

Supreme Court of Idaho.

December 31, 1974.

Attorney(s) appearing for the Case

Nathan W. Higer, Deputy Atty. Gen., for Department of Water Administration, appellant and cross respondent.

John A. Rosholt, Parry, Robertson, Daly & Larson, Twin Falls, for respondents and cross appellants Idaho Water Users Association, Twin Falls Canal Company and North Side Canal Company.

W. Anthony Park, Atty. Gen., and Matthew J. Mullaney, Deputy Atty. Gen., for respondent Department of Parks.

SHEPARD, Chief Justice.

This is an appeal and a cross-appeal from a judgment of the district court in an action wherein the Idaho Department of Parks, pursuant to statute, sought to appropriate in trust for the people of Idaho certain unappropriated waters of the Malad Canyon. The case presents for consideration three primary questions:

1. May an agency of the State of Idaho, without express constitutional authority...

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