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WALKER v. BIG LOST RIVER IRR. DIST.

No. 19792.

856 P.2d 868 (1993)

124 Idaho 78

Young Harvey WALKER, Plaintiff-Respondent, v. BIG LOST RIVER IRRIGATION DISTRICT, Defendant-Appellant, and Richard E. Reynolds, Lewis Rothwell, James Clyde Lambert, Byron R. Pehrson, and Gerald Stewart, Defendants.

Supreme Court of Idaho, Pocatello, April 1993 Term.

Rehearing Denied August 3, 1993.

Attorney(s) appearing for the Case

Ling, Nielson and Robinson, Rupert, for appellant. Roger D. Ling argued.

Racine, Olson, Nye, Cooper & Budge, Pocatello, for respondent. Randall C. Budge argued.

Larry EchoHawk, Atty. Gen., John W. Homan, Deputy Atty. Gen., Boise, for amicus curiae, Dept. of Water Resources. John W. Homan argued.

JOHNSON, Justice.

This is a water rights case. The trial court granted a writ of mandate and a permanent injunction compelling the Big Lost River Irrigation District (BLRID) to deliver stored water outside of BLRID's boundaries. The trial court also granted Walker damages as a result of BLRID's failure to deliver water.

We conclude that the trial court lacked jurisdiction in this case, because the case required the trial court to determine the right to the...

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