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BRANSON v. HIGGINSON

No. 21732.

912 P.2d 642 (1996)

128 Idaho 274

In the Matter of Application for Permits Nos. 65-12283 in the Name of Gorman & or Barbara Miracle; and 65-12286 in the Name of Ralph & /or Joyce Claycomb. James and Martha BRANSON, Petitioners-Appellants, v. R. Keith HIGGINSON, Director, of the Idaho Department of Water Resources, and Gorman and Barbara Miracle and Ralph and Joyce Claycomb, Respondents.

Supreme Court of Idaho, Boise, December 1995 Term.

Rehearing Denied March 4, 1996.

Attorney(s) appearing for the Case

Marcus, Merrick & Montgomery, Claude V. Marcus (argued), Boise, for appellants.

Alan G. Lance, Attorney General; Phillip J. Rassier, Deputy Attorney General (argued), Boise, for respondent Higginson.

John A. Bradley, Burley, for respondents Gorman and Barbara Miracle.

TROUT, Justice.

This is an appeal from a district court decision affirming the grant, by the Idaho Department of Water Resources (IDWR), of water use permits to respondents Gorman Miracle and Ralph and Joyce Claycomb.

I.

BACKGROUND AND PROCEDURAL HISTORY

The petitioners-appellants, James and Martha Branson, own what is known as the Birthday Mine located near Lowman, Idaho. A mining tunnel...

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