WILLIAMSON v. BRUMMETT

No. 12765.

591 P.2d 1089 (1979)

99 Idaho 922

Clell WILLIAMSON, Watermaster of Water District # 67, duly elected pursuant to Section 42-604 of the Idaho Code, Plaintiff-Respondent, v. William E. BRUMMETT and Idaho Power Company, a corporation organized under the laws of the State of Idaho, Defendants, and William E. Brummett, Defendant-Appellant.

Supreme Court of Idaho.

March 5, 1979.


Attorney(s) appearing for the Case

Gerald L. Weston, of Gigray, Miller, Downen & Weston, Caldwell, for appellant.

Charles R. Kroll, Deputy Pros. Atty. Gen. (argued as a Spec. Asst. Atty. Gen.), Weiser, for appellee.

James B. Donart, Ketchum, amicus curiae.

Before SHEPARD, C.J., and DONALDSON, BAKES and BISTLINE, JJ., and SCOGGIN, J. Pro Tem.


PER CURIAM:

This is an appeal from an injunction issued by the district court enjoining the appellant from further pumping of irrigation water from the Weiser River during the 1977 irrigation season. The respondent's claim before the district court was that appellant had used all of his storage water rights in Crane Creek Reservoir for the 1977 irrigation season and therefore had no further claim to water.

The issue before the district court was the proper...

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