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MATTER OF HIDDEN SPRINGS TROUT RANCH, INC.

No. 13350.

636 P.2d 745 (1981)

102 Idaho 623

In the Matter of: Amended Application for Permit No. 36-7659 in the Name of HIDDEN SPRINGS TROUT RANCH, INC. HIDDEN SPRINGS TROUT RANCH, INC., Appellant, v. C. Stephen ALLRED as Director Department of Water Resources and R.W. Stevens, Protestant, and Joseph C. Greenley, as Director, Department of Fish and Game, Protestant, Respondents.

Supreme Court of Idaho.

October 23, 1981.

Attorney(s) appearing for the Case

Robert C. Weaver, of Weaver & Dykas, Buhl, for appellant.

David H. Leroy, Atty. Gen., Boise, for respondents.

Phillip J. Rassier, Deputy Atty. Gen., Boise, for respondents Department of Water Resources.

Matthew J. Mullaney, Jr., Boise, for respondent Stevens.

DONALDSON, Justice.

On December 17, 1976, appellant Hidden Springs Trout Ranch, Inc. (Hidden Springs) filed an application with the respondent Department of Water Resources for a water appropriation permit authorizing diversion of 100 cubic feet per second of water from Billingsley Creek for fish propagation purposes. Respondent R.W. Stevens, a downstream appropriator with senior priority, filed a protest to the approval of this application with the Department. His...

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