STATE v. NELSON

Nos. 23814, 23815.

951 P.2d 943 (1998)

131 Idaho 12

In re SRBA Case No. 39576, Basin-Wide Issue # 5B (General Provision # 2 and # 4—Basin 34) Entered February 12, 1997. STATE of Idaho and Big Lost River Irrigation District, Appellants, v. G. David NELSON; San Felipe Ranch; Mitchell D. Sorensen; Francis L. Smith; Wylie F. Smith; and the United States of America, Respondents.

Supreme Court of Idaho, Boise, September 1997 Term.

January 6, 1998.


Attorney(s) appearing for the Case

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

Ling, Nielsen & Robinson, Rupert, for appellant Big Lost River Irrigation District. Roger D. Ling argued.

Hepworth, Lezamiz & Hohnhorst, Twin Falls, for respondents G. David Nelson and San Felipe Ranch. Patrick Brown argued.


SILAK, Justice.

This is an appeal from the Snake River Basin Adjudication (SRBA), regarding whether General Provisions concerning Basin 34 should be included in the SRBA court's partial decree. On January 16, 1996, the SRBA court designated basin-wide issue 5B as "[w]hether General Provisions 2 and 4 in the Amended Director's Report for Reporting Area 1 (Basin 34) are necessary for the definition of the rights or for the efficient administration of the water...

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