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MILES v. IDAHO POWER CO.

No. 16614.

778 P.2d 757 (1989)

116 Idaho 635

Harold C. MILES, Individually and on Behalf of all Ratepayers of the Idaho Power Company, Plaintiff-Appellant, v. IDAHO POWER COMPANY, a Maine Corporation, and the State of Idaho, Acting By and Through the Honorable John V. Evans, Governor, and Acting By and Through the Legislators of the State of Idaho; and the State of Idaho Acting by and Through the Idaho Public Utilities Commission, and Commissioners Richard High, Perry Swisher and Conley Ward in Their Official Capacities; and the State of Idaho, Acting By and Through the Idaho Department of Water Resources, the Idaho Water Resources Board, and its Executive Director, Ken Dunn, in his Official Capacity, Defendants-Respondents.

Supreme Court of Idaho.

August 8, 1989.

Attorney(s) appearing for the Case

Seiniger & Nevin, Boise, for plaintiff-appellant. Breck Seiniger, Jr., argued.

Thomas G. Nelson, Twin Falls, for defendant-respondent, Idaho Power Co. Thomas G. Nelson, argued.

Jim Jones, Atty. Gen. and John J. McMahon, Deputy Atty. Gen., Boise, for defendant-respondent, State of Idaho. John J. McMahon, argued on rehearing.

JOHNSON, Justice.

ON REHEARING

This case involves an agreement between the State of Idaho and Idaho Power Company (Idaho Power), commonly referred to as the Swan Falls Agreement (the agreement). The agreement and the subsequent implementing legislation attempted to resolve concerns over competing water rights in and around the Snake River. In brief, the agreement provided for the subordination of certain water rights claimed by Idaho Power to those of subsequent...

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