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SHOKAL v. DUNN

No. 15227.

707 P.2d 441 (1985)

109 Idaho 330

Edward C. SHOKAL, Cole M. Reed and Billie Reed, Petitioners/Appellants/Cross-Respondents, v. A. Kenneth DUNN, Director, Department of Water Resources, and Trout Co., Holder of Permit No. 36-7834, an Idaho corporation, Defendants/Respondents/Cross-Appellants, STATE of Idaho, DEPARTMENT OF FISH AND GAME, Petitioner/Intervenor/Cross-Respondent, v. A. Kenneth DUNN, Director, Idaho Department of Water Resources, In the matter of protest against approval of application for permit holder 36-7834, in the name of Trout Co., and Trout Co., an Idaho corporation, Defendants/Respondents/Cross-Appellants.

Supreme Court of Idaho.

September 24, 1985.

Attorney(s) appearing for the Case

William L. Mauk, Boise, for appellant Shokal.

Paul M. Beeks (argued), and Leon E. Smith, Jr., Twin Falls, for respondent Trout Co.

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

William B. Dillon, Deputy Atty. Gen., Boise, for intervenor Fish & Game.

BISTLINE, Justice.

On December 21, 1978, respondent Trout Co. applied for a permit to appropriate 100 c.f.s. of waters from Billingsley Creek near Hagerman, Idaho. Numerous protests were filed by local residents, property owners, and Billingsley Creek water users. The Department of Water Resources (Water Resources) held a hearing on the application on April 24, 1979, and issued Permit No. 36-7834 on November 14, 1979, pursuant to an order of that same date. This order...

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