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NETTLETON v. HIGGINSON

No. 11935.

558 P.2d 1048 (1977)

98 Idaho 87

J.H. NETTLETON, Plaintiff-Appellant, v. R. Keith HIGGINSON, as Director of the Dept. of Water Administration of the State of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

January 12, 1977.

Attorney(s) appearing for the Case

Herbert W. Rettig, of Dunlap, Rettig & Rosenberry, Caldwell, William F. Schroeder, of Schroeder, Denning & Hutchens, Vale, Ore., for plaintiff-appellant.

Nathan W. Higer, Legal Counsel, Boise, for defendant-respondent.

DONALDSON, Justice.

This controversy involves a dispute between plaintiff-appellant J.H. Nettleton, a water user located in the Upper Reynolds Creek Water District, and defendant-respondent Department of Water Resources, which assumes distribution of waters of Reynolds Creek. Reynolds Creek is a natural stream located in Owyhee County, Idaho, and the Department of Water Resources, formerly the Department of Water Administration, divided the stream into two water districts...

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