In re: SRBA Case Nos. 39576, 91-00005 ex rel. General Provisions re: Basin-Wide Issue 5, Entered 4-26-96.
A & B IRRIGATION DISTRICT, Falls Irrigation District, and Burley Irrigation District; Fremont-Madison Irrigation District and Mitigation Group; Payette River Water Users Association, Inc.; State of Idaho, Appellants,
v.
IDAHO CONSERVATION LEAGUE, Idaho Rivers United and Idaho Wildlife Federation; Amalgamated Sugar Company, City of Ashton, City of Bliss, City of Buhl, City of Burley, City of Cascade, City of Chubbuck, City of Council, City of Declo, City of Donnelly, City of Eden, City of Emmett, City of Fairfield, City of Fruitland, City of Garden City, City of Glenns Ferry, City of Grand View, City of Hailey, City of Heyburn, City of Inkom, City of Kuna, City of Mackay, City of Mountain Home, City of Mud Lake, City of Nampa, City of New Plymouth, City of Meridian, City of Middleton, City of Minidoka, City of Oakley, City of Parma, City of Paul, City of Payette, City of Rigby, City of Ririe, City of Roberts, City of Rupert, City of St. Anthony, City of Sugar City, City of Weiser, City of Ucon, Basic American Foods, Inc., The City of Pocatello, Lamb-Weston, Inc., North Snake Ground Water District, Sand Springs Ranch Partnership, Ore-Ida Foods, Inc. and J.R. Simplot Company; Don Mc Farland, Carol Mc Farland and Sundance, Inc.; Idaho Ground Water Appropriators, Inc.; Nampa & Meridian Irrigation District, Allen Noble Farms, Inc., Clear Lakes Trout, Inc., Cottonwood Canal Company, Farm Development Corporation, Grindstone Butte Mutual Canal Company, G. Patrick Morris, Carl Nicholson, Thomas Nicholson, Allen T. Noble, Rainbow Trout Farms, Inc., Rim View Trout Company and Sailor Creek Water Company; Twin Falls Canal Company and North Side Canal Company; Idaho Power Company; Boise-Kuna Irrigation District, New York Irrigation District, Wilder Irrigation District and Big Bend Irrigation District; Hagerman Water Right Owners, Inc.; G. David Nelson and San Felipe Ranches; The United States Of America, Respondents.
Supreme Court of Idaho, Boise, January 1997 Term.https://leagle.com/images/logo.png
October 3, 1997.
Opinion Vacating Decision in Part on Reargument and Rehearing April 22, 1998.
Attorney(s) appearing for the Case
Ling, Nielsen & Robinson, Rupert, for Appellants A & B Irrigation District, Falls Irrigation District and Burley Irrigation District. Roger D. Ling argued.
Rigby, Thatcher, Andrus, Rigby, Kam & Moeller, Chtd., Rexburg, for Appellant Fremont-Madison Irrigation District and Mitigation Group. Did not participate.
Elam & Burke, P.A., Boise, for Appellant Payette River Water Users Association, Inc. Scott L. Campbell argued.
Alan G. Lance, Attorney General, Clive Strong, Deputy Attorney General, Boise, for Appellant State of Idaho. Clive Strong, Deputy Attorney General argued.
Betty Richardson, United States Attorney, Boise, William B. Lazarus, Department of Justice, Washington, D.C., for Respondent United States of America. Did not participate.
Beeman & Hofstetter, P.C., Boise, for Respondents Amalgamated Sugar Co., all cities, Lamb-Weston, North Snake Ground Water Dist., Sand Springs Ranch Partnership, Ore-Ida Foods, Inc., and J.R. Simplot Co. Dana L. Hofstetter argued.
Benoit, Alexander, Sinclair, Harwood & High, Twin Falls, for Respondents Don McFarland, Carol McFarland and Sundance, Inc. John K. Butler argued.
Givens, Pursley & Huntley, Boise, for Respondent Idaho Ground Water Appropriators. Did not participate.
Lawrence J. Lucas, Boise, argued for Respondent Idaho Conservation Groups.
Ringert, Clark Chtd., Boise, for Respondent Nampa-Meridian Irrigation District, et al. Did not participate.
Rosholt, Robertson & Tucker, Twin Falls, for Respondents Twin Falls Canal Company and North Side Canal Company. Norman M. Semanko argued.
Hawley, Troxell, Ennis & Hawley, Boise, for Respondents Boise-Kuna, New York, Wilder, and Big Bend Irrigation Districts. Did not participate.
Patrick D. Brown, Twin Falls, for Respondent Hagerman Water Right Users, Inc. Did not participate.
Supreme Court of Idaho, Boise, January 1997 Term.
McDEVITT, Justice.*
In the Snake River Basin Adjudication (SRBA), the Director of the Idaho Department of Water Resources (IDWR or Director) has the duty of preparing a Director's Report on the Snake River water system. I.C. § 42-1411 (1996). On November 28, 1995, IDWR submitted the Amended Director's Report for Basin 57, which is one of three Basins that have been designated as test Basins. The issue raised in this case is whether...
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