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STATE v. UNITED STATES

Nos. 25136, 25139.

12 P.3d 1284 (2000)

134 Idaho 940

In re SRBA, Case No. 39576, Re: Sawtooth National Recreation Area Claims, Consolidated Subcase No. 65-20766, Encompassing Subcase Nos. 65-20766, 37-19833, 63-30428, 71-10761 and 72-46272. STATE of Idaho and Hecla Mining Company, Appellants, v. UNITED STATES of America, Respondent.

Supreme Court of Idaho, Boise, February 2000 Term.

October 27, 2000.

Attorney(s) appearing for the Case

Hon. Alan G. Lance, Attorney General, Boise, for appellants. Peter J. Ampe, Deputy Attorney General, argued.

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.

Root & Schindler, P.C., Denver, Colorado, for appellant Hecla Mining Company. Ronald I. Schindler argued.

TROUT, Chief Justice.

This is an appeal by the State of Idaho and Hecla Mining Company (Hecla) from a Snake River Basin Adjudication district court judgment involving federal reserved water rights in the Sawtooth National Recreation Area (Sawtooth NRA), which includes the Sawtooth Wilderness Area.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In 1972, Congress passed legislation establishing the Sawtooth...

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