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U.S. v. STATE

No. 23587.

959 P.2d 449 (1998)

131 Idaho 468

In The Matter of SRBA Case No. 39576 Basin-Wide Issue # 9 (PWR 107) Entered December 9, 1996. UNITED STATES of America, Appellant, v. STATE of Idaho; J.R. Simplot Co.; Lemhi Irrigation Co.; Dave Nelson, Lola Coates, San Felipe Ranch; Harry R. Bass; Ted S. Blackstock; Richard Brandau; William J. Brockman; Michael F. Hanley, IV; Jerry L. Hoagland; Thomas Ballman Hook; Tim Lowry; Bill Lowry; Paul Nettleton; R.J. Smith; Wiley F. Smith; Mitchell D. Sorenson; Robert Thomas; Young Harvey Walker, Respondents.

Supreme Court of Idaho, Twin Falls, November 1997 Term.

Rehearing Denied July 29, 1998.

Attorney(s) appearing for the Case

Betty Richardson, United States Attorney, Boise; William B. Lazarus, Department of Justice, Washington, D.C.; Randall J. Bramer, Department of Justice, for appellant United States of America. William B. Lazarus argued.

Alan G. Lance, Idaho Attorney General; Clive Strong, Deputy Attorney General; David J. Barber, Deputy Attorney General, Boise, for respondent State of Idaho. David J. Barber argued.

Terry T. Uhling and Shawn D. Ysursa, Boise, for respondent J.R. Simplot, Co. Shawn D. Ysursa argued.

WALTERS, Justice.

This appeal raises a question of federal law within the Snake River Basin Adjudication (SRBA), a suit in the district court for the general adjudication of water rights in the Snake River water basin. The dispute in the instant action concerns a claim by the United States that it has a federal reserved water right for all springs and waterholes which are located on lands withdrawn from the public domain. The claim is predicated upon an executive...

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