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R.T. NAHAS CO. v. HULET

No. 16556.

752 P.2d 625 (1988)

114 Idaho 23

R.T. NAHAS CO., a California corporation, Robert T. Nahas and Eva C. Nahas, Plaintiffs-Respondents, v. Jay H. HULET and Gertrude Hulet, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

February 3, 1988.

Attorney(s) appearing for the Case

Philip A. Peterson of White, Ahrens, Peterson & Perry, Nampa, for defendants-appellants.

James W. Kiser, Boise, for plaintiffs-respondents.

Jim Jones, Atty. Gen., A. Lynne Krogh-Hampe, Deputy Atty. Gen., for amicus curiae.

SWANSTROM, Judge.

This is the second appeal arising from a dispute over the appropriation of water from Sinker Creek, a tributary of the Snake River located in Owyhee County. Jay and Gertrude Hulet (Hulet) appeal from a judgment of the district court awarding damages to downstream appropriators, the R.T. Nahas Co. and Robert and Eva Nahas (Nahas). We are presented with several questions: (1) whether a statutory permit entitled the defendant to impound the flow of...

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