In re SRBA, Case No. 39576—Wilderness Reserved Claims, Consolidated Subcase No. 75-13605 and Hells Canyon National Recreation Area Claims, Consolidated Subcase No. 79-13597.
POTLATCH CORPORATION, A & B Irrigation District, Burley Irrigation District, Twin Falls Canal Co., North Side Canal Co., Harrison Canal Co., Burgess Canal & Irrigation, Peoples Canal & Irrigation, Progressive Irrigation District, Enterprise Irrigation District, New Sweden Irrigation District, Snake River Valley Irrigation District, Idaho Irrigation District, Egin Bench Canal, Inc., North Fremont Canal Systems, Inc., State of Idaho, Dakota Mining Corporation, USMX, Inc., Dewey Mining Company, Thunder Mountain Gold, Inc., Hecla Mining Company, City of Salmon and City of Challis, Appellants,
v.
UNITED STATES of America, Respondent.
Supreme Court of Idaho, Boise, February 2000 Term.https://leagle.com/images/logo.png
October 27, 2000.
Rehearing Granted November 30, 1999.
Attorney(s) appearing for the Case
Givens Pursley, LLP, Boise, for appellants Potlatch Corporation, Dakota Mining Corporation, USMX, Dewey Mining Company, and Thunder Mountain Gold, Inc. Jefferey C. Fereday argued.
Hon. Alan G. Lance, Attorney General, Boise, for appellant State of Idaho. Clive Strong, Deputy Attorney General, argued.
Root & Schindler, P.C., Denver, CO, for appellant Hecla Mining Company. Thomas Root argued.
Ling, Nielsen & Robinson, Rupert, for appellants A & B Irrigation District and Burley Irrigation District. Did not participate in oral argument.
Rolsholt, Robertson & Tucker, Twin Falls, for appellants Twin Falls Canal Company and North Side Canal Company. Did not participate in oral argument.
Rigby, Thatcher, Andrus, Rigby, Kam & Moeller, Chtd., Rexburg, for appellants Harrison Canal Company, Burgess Canal & Irrigation, Peoples Canal & Irrigation, Progressive Irrigation District, Enterprise Irrigation District, New Sweden Irrigation District, Snake River Valley Irrigation District, Idaho Irrigation District, Egin Bench Canal, Inc., and North Fremont Canal Systems, Inc. Did not participate in oral argument.
Beeman & Hofstetter, P.C., Boise; Mt. States Legal Foundation, Denver, CO, for appellants City of Salmon and City of Challis. Did not participate in oral argument.
Hon. Betty H. Richardson, United States Attorney, Boise; United States Department of Justice, Washington, DC, for respondent. Sean H. Donahue, United States Department of Justice, Washington, DC, argued.
Supreme Court of Idaho, Boise, February 2000 Term.
ON REHEARING
SCHROEDER, Justice.
This is an appeal from a Snake River Basin Adjudication (SRBA) district court decision granting the United States federal reserved water rights to all unappropriated flows in the Frank Church River of No Return, Gospel-Hump, and Selway-Bitterroot Wilderness Areas, and the Hells Canyon National Recreation Area (HCNRA).
I.
BACKGROUND AND PRIOR PROCEEDINGS
The United States Congress passed the Wilderness...
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