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SILVERSTEIN v. CARLSON

No. 18203.

797 P.2d 856 (1990)

118 Idaho 456

Barry SILVERSTEIN, Plaintiff-Appellant Cross Respondent, v. Ronald D. CARLSON, Watermaster; Dee O'Brien, Deputy Watermaster, Defendants-Respondents, and Vernal Foster, Defendant-Respondent Cross Appellant.

Supreme Court of Idaho.

August 30, 1990.

Attorney(s) appearing for the Case

Hopkins, French, Crockett, Springer & Hoopes, Idaho Falls, for plaintiff-appellant. C. Timothy Hopkins argued.

Jim Jones, Atty. Gen., A. Lynne Krogh-Hampe, Deputy Atty. Gen., Boise, for defendants-respondents Carlson and O'Brien. A. Lynne Krogh-Hampe argued.

Anderson, Pike & Bush, Idaho Falls, for defendant-respondent Foster. Edward W. Pike argued.

JOHNSON, Justice.

This is a water rights case. The primary issue presented is whether the trial court correctly interpreted a prior adjudication of water rights as establishing priority to the use of certain waters and properly apportioned the rights to the water. We hold that there was substantial and competent evidence to support the interpretation of the trial court, that the trial court used the appropriate method of allocating the rights to the water, and that...

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