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IDAHO POWER CO. v. STATE

No. 13456.

661 P.2d 736 (1983)

104 Idaho 570

IDAHO POWER COMPANY, Plaintiff, v. The STATE of Idaho, acting By and Through the DEPARTMENT OF WATER RESOURCES, Defendant-Appellant, and the Idaho Water Resource Board, Defendant-Respondent, and Its Executive Director, C. Stephen Allred, in his official capacity, et al., Defendants and The Idaho Legislature, by and through the President Pro-tempore Reed Budge, and the Speaker of the House, Ralph Olmstead, Intervenor-Appellant.

Supreme Court of Idaho.

March 30, 1983.

Attorney(s) appearing for the Case

David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., Josephine P. Beeman, Deputy Atty. Gen., Boise, for defendant-appellant.

Phillip M. Barber, Hawley, Troxell, Ennis & Hawley, Boyd & Koontz, Boise, for Idaho Water Resource Bd.

HUNTLEY, Justice.

The Idaho Water Resource Board was created in 1965 by legislative enactment pursuant to an amendment to the Idaho Constitution. The amendment, Idaho Const. Art. 15, § 7, was adopted in 1964, in response to a publicly recognized need for the state to maintain greater control over its water resources.

In late 1963, public attention was directed toward a proposal by out-of-state interests to divert water from the Snake River in Idaho south...

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