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HECKMAN RANCHES, INC. v. STATE, ETC.

No. 12316.

589 P.2d 540 (1979)

99 Idaho 793

HECKMAN RANCHES, INC. and Heckman Cattle Co., corporations, Plaintiffs-Appellants, v. STATE of Idaho, a Commonwealth, By and Through the DEPARTMENT OF PUBLIC LANDS and the State Board of Land Commissioners, Gordon C. Trombley, State Land Commissioner, Defendants-Respondents.

Supreme Court of Idaho.

January 4, 1979.

Attorney(s) appearing for the Case

W.C. MacGregor, Jr., William J. Dee, Grangeville, for plaintiffs-appellants.

Wayne L. Kidwell, Atty. Gen., Ursula I. Kettlewell, Asst. Atty. Gen., Boise, for defendants-respondents.

McFADDEN, Justice.

This is an action to quiet title to land near Whitebird, Idaho. The disputed area encompasses approximately 12 acres of land located between the mainstream and the eastern survey meander line of the Salmon River, and includes a secondary or overflow channel of the river. (See annexed exhibit). The primary issue on appeal is the location of the natural or ordinary high water mark of the Salmon River in relation to the disputed area. The district...

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