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HARDY v. HIGGINSON

No. 19262.

849 P.2d 946 (1993)

123 Idaho 485

Earl M. HARDY, individually and as successor in interest to Box Canyon Trout Co., a dissolved corporation, Petitioner-Appellant-Cross Respondent, v. R. Keith HIGGINSON, Director, Idaho Department of Water Resources, Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, January 1993 Term.

March 25, 1993.

Attorney(s) appearing for the Case

Ringert, Clark, Harrington, Reid, Christenson & Kaufman, Boise, for appellant. William F. Ringert, argued.

Larry J. EchoHawk, Atty. Gen., Phillip J. Rassier, Deputy Atty. Gen., Dept. of Water Resources, Boise, for respondent. Phillip J. Rassier, argued.

REINHARDT, Justice Pro Tem.

Earl Hardy (Hardy) appeals the appellate decision of the district court which affirmed in part the decision of the Director of the Idaho Department of Water Resources (IDWR) allowing Hardy to amend his two existing water permits. Affirmed in part and remanded for further findings.

The facts of this case are not in dispute. Hardy holds two water permits to divert water from Box Canyon Creek to Blind Canyon for the purpose of fish...

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