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MATTER OF PERMIT NO. 36-7200

No. 18785.

828 P.2d 848 (1992)

121 Idaho 819

In the Matter of Application for PERMIT NO. 36-7200 IN THE NAME OF THE IDAHO DEPARTMENT OF PARKS AND RECREATION. RIM VIEW TROUT COMPANY, Appellant-Respondent on Appeal-Cross-Appellant, v. R. Keith HIGGINSON, Director of the Idaho Department of Water Resources, Respondent-Appellant on Appeal-Cross-Respondent, and The Idaho Department of Parks and Recreation, Respondent.

Supreme Court of Idaho, Boise, December 1991 Term.

March 20, 1992.

Attorney(s) appearing for the Case

Larry EchoHawk, Idaho Atty. Gen., Phillip J. Rassier, Deputy Atty. Gen., Boise, for appellant Higginson. Phillip J. Rassier argued.

Larry EchoHawk, Idaho Atty. Gen., Rinda R. Just, Deputy Atty. Gen., Boise, for appellant Dept. of Parks and Recreation. Rinda R. Just argued.

Ringert, Clark Chtd, Boise, for respondent Rim View Trout Co. William F. Ringert argued.

BOYLE, Justice.

In this water rights case we are called upon to interpret and apply the provisions of I.C. § 67-4308. We agree with the district court that the language of the statute is clear and unambiguous, and we therefore affirm the order of the district court reversing the decision of Idaho Department of Water Resources.

I.

Niagara Springs is located in the Snake River Canyon between the towns of Twin Falls and Bliss. In 1971 the legislature...

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