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STATE v. HAGERMAN WATER RIGHT OWNERS

No. 23214.

947 P.2d 400 (1997)

130 Idaho 727

In re SRBA, Case Nos. 39576, 91-00010 ex rel. Partial Forfeiture Re Basin-Wide Issue 10, Entered 4-26-96. The STATE of Idaho, United States of America, Idaho Ground Water Appropriators, Inc., Chemical Lime Company of Arizona and North Snake Ground Water District, Appellants, v. HAGERMAN WATER RIGHT OWNERS, INC., Bogus Basin Recreational Association, Inc., Lake Reservoir Co., Newfoundland Partners, Payette River Water Users Association, Inc., Sinclair Oil Corporation, d/b/a Sun Valley Co., Thompson Creek Mining Co. and Thousand Springs Ranch, Respondents, and Nampa and Meridian Irrigation District, Allen Noble Farms, Inc., Allen Noble Farm Development Corporation, Rim View Trout Company, Clear Lakes Trout Company, Inc., Rainbow Trout Farm, C.H. Nicholson, Sailor Creek Water Company, Patrick G. Morris, Hulet Farm Management Company and Grindstone Butte Mutual Canal Company, Respondents-Intervenors.

Supreme Court of Idaho, Boise, February 1997 Term.

September 10, 1997.

Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; Cheri C. Copsey, Deputy Attorney General (argued), Boise, for appellant State of Idaho.

Betty H. Richardson, U.S. Attorney, Boise; William B. Lazarus (argued), Department of Justice, Washington, D.C., for appellant United States of America.

Givens, Pursley & Huntley, Boise, for appellants Idaho Ground Water Appropriators, Inc., and Chemical Lime Company of Arizona. Jeffrey C. Fereday argued.

Beeman & Hofstetter, P.C., Boise, for appellant North Snake Ground Water District. Dana L. Hofstetter argued.

Hepworth, Lezamiz & Hohnhorst, Twin Falls, for respondent Hagerman Water Right Owners, Inc. John C. Hohnhorst argued.

Elam, Burke, P.A., Boise, for respondents Bogus Basin Recreational Assoc., et al. Jeffery C. Ventrella argued.

Ringert Clark, Chtd., Boise, for Intervenors Nampa and Meridian Irrigation District, et al. Daniel V. Steenson argued.

SCHROEDER, Justice.

I.

FACTS AND PRIOR PROCEEDINGS

This case arises from the general adjudication of water rights in the Snake River water basin, commenced in 1987 pursuant to the Idaho Legislature's enactment of legislation in 1985 and 1986 requiring the Director ("Director") of the Idaho Department of Water Resources ("IDWR") to initiate a judicial proceeding to accomplish the adjudication within the terms of the McCarran Amendment. 43 U.S.C...

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