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JENKINS v. STATE, DEPT. OF WATER RESOURCES

No. 13705.

647 P.2d 1256 (1982)

103 Idaho 384

Keith Ferrin JENKINS, Applicant-Appellant, v. STATE of Idaho, DEPARTMENT OF WATER RESOURCES, Elwin Bradshaw; Steve Buckland and Gladys Buckland, Sherman Halverson; Jack R. Hamilton; Blaine Smith; and Harold Siddoway, Protestants-Respondents, and Alvin W. Muns & Sons, Inc., Protestants.

Supreme Court of Idaho.

July 8, 1982.

Attorney(s) appearing for the Case

G. Rich Andrus of Rigby, Thatcher, Andrus, Barton and Walters, Chtd., Rexburg, for applicant-appellant.

Kent W. Foster of Holden, Kidwell, Hahn & Crapo, Idaho Falls, for protestants-respondents, Bradshaw, et al.

David H. Leroy, Atty. Gen., Don A. Olowinski, Howard Carsman and Phillip J. Rassier, Deputy Attys. Gen., Boise, for protestant-respondent, Dept. of Water Resources.

SHEPARD, Justice.

This is an appeal from an order of the district court which affirmed the director of the Department of Water Resources denial of appellant Jenkins' application to transfer the point of diversion of his decreed water right. We affirm.

Jenkins is the owner of 280 acres of land near the town of Kilgore in Clark County, Idaho. Appurtenant to that property are two separate water rights, one for 2.4 cfs of water from Cottonwood Creek, and the second...

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