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  5. 687 P.2d 1348 (1984)
 

MATTER OF GENERAL DETERMINATION OF RIGHTS

No. 14813.

687 P.2d 1348 (1984)

107 Idaho 221

In the Matter of the GENERAL DETERMINATION OF the RIGHTS TO the USE OF SURFACE AND GROUND WATERS OF the PAYETTE RIVER DRAINAGE BASIN. James D. BRANSON and Martha Branson, Appellants, v. Gorman MIRACLE and Barbara Miracle, husband and wife, Respondents, and The Department of Water Resources, State of Idaho, Respondent.

Supreme Court of Idaho.

Rehearing Denied September 12, 1984.

Attorney(s) appearing for the Case

Claude V. Marcus, Boise, for appellants.

Lloyd J. Walker, Twin Falls, for respondents Miracle.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Phillip J. Rassier and David Barber (argued), Deputy Attys. Gen., Boise, for respondent Dept. of Water Resources.

BISTLINE, Justice.

This case of first impression addresses several important questions: the status of water developed through mining operations, as either public water subject to appropriation or non-appropriable private water; and the rights of owners of a mining claim to exclusive enjoyment of water situate thereon.

The Bransons, appellants, and the Miracles, respondents, were joined as parties in the 1969 Payette River Basin water rights adjudication. In...

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