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BEKER INDUSTRIES, INC. v. GEORGETOWN IRR. DIST.

No. 12938.

610 P.2d 546 (1980)

101 Idaho 187

In the Matter of the Application for and Protest Against Application for Transfer of Water Right No. 11-0290 In the Name of Agricultural Products Corporation. BEKER INDUSTRIES INCORPORATED, formerly Agricultural Products Corporation, Applicants-Appellants, v. GEORGETOWN IRRIGATION DISTRICT, Protestant-Respondents.

Supreme Court of Idaho.

April 18, 1980.

Attorney(s) appearing for the Case

A. Bruce Larson of Transtrum & Budge, Soda Springs, for applicants-appellants.

Kent W. Foster of Holden, Holden, Kidwell, Hahn & Crapo, Idaho Falls, for respondent.

McFADDEN, Justice.

This is an appeal from a summary judgment of the district court dismissing applicant-appellant Beker Industries' (Beker's) appeal from a ruling of the Director of the Department of Water Resources dismissing Beker's application for transfer of the point of diversion, and place and nature of use of its water right.

The principal issue before the court in this appeal is whether the Director of the Department of Water Resources has the statutory...

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