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IN RE SRBA CASE NO. 39576

No. 22039.

905 P.2d 89 (1995)

127 Idaho 688

In re SRBA CASE NO. 39576. TWIN FALLS CANAL COMPANY and North Side Canal Company, Petitioners-Respondents, v. The IDAHO DEPARTMENT OF WATER RESOURCES, Respondent-Appellant.

Supreme Court of Idaho, Boise, September 1995 Term.

November 3, 1995.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; Clive J. Strong, Cheri C. Jacobus, and Matthew J. McKeown, Deputy Attorneys General, Boise, for appellant. Cheri C. Jacobus argued.

Rosholt, Robertson & Tucker, Twin Falls, for respondents. Gary D. Slette argued.

JOHNSON, Justice

This is a case concerning the Snake River Basin Adjudication (SRBA). We conclude that a declaratory judgment action against the Idaho department of water resources (IDWR) may not be brought in SRBA.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

In 1994, IDWR adopted administrative rules (the rules) concerning conjunctive management of ground water and surface water rights for the entire state. In 1995, Twin Falls Canal Company...

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