STATE v. IDAHO CONSERVATION LEAGUE

Nos. 23340, 23341 and 23342.

955 P.2d 1108 (1998)

131 Idaho 329

In re SRBA Case No. 39576—Basin-Wide Issue # 5A (General Provision # 2—Reynolds Creek) Entered July 19, 1996. STATE of Idaho, Jerry Hoagland, Payette River Water Users Association, Inc., Appellants, v. IDAHO CONSERVATION LEAGUE, Idaho Rivers United, Idaho Wildlife Federation, Boise-Kuna Irrigation District, New York Irrigation District, Wilder Irrigation District, Big Bend Irrigation District and United States of America, Respondents.

Supreme Court of Idaho, Boise, January 1998 Term.

April 6, 1998.


Attorney(s) appearing for the Case

Alan G. Lance, Attorney General; Clive J. Strong and Cheri C. Copsey, Deputy Attorneys General, Boise, for appellant State of Idaho. Clive J. Strong and Cheri C. Copsey argued.

Elam & Burke, P.A., Boise, for appellant Payette River Water Users Association. Scott L. Campbell argued.

Schroeder & Lezamiz Law Office, Boise, for appellant Hoagland. John T. Schroeder argued.

Lawrence J. (Laird) Lucas, Boise, argued for respondent Idaho Conservation League.

Betty Richardson, United States Attorney, Boise; William B. Lazarus, Department of Justice, Washington, DC, for respondent United States of America, argued. William B. Lazarus argued.

Hawley, Troxell, Ennis & Hawley, Boise, for respondent Boise-Kuna Irrigation District, et al., waived participation.


SILAK, Justice.

A Special Master of the Snake River Basin Adjudication (SRBA) district court struck General Provision 2 from the Director's Report for Reporting Area 2 (Basin 57). That area is also known as the Reynolds Creek Basin, and was the subject of an earlier general adjudication (the Reynolds Creek Adjudication). The Special Master further ruled that the doctrine of res judicata did not require him to accept and adopt the Reynolds Creek Decree. The...

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