STATE v. U.S.

Nos. 24473, 24474.

996 P.2d 806 (2000)

134 Idaho 106

In re SRBA Case No. 39576, Minidoka National Wildlife Refuge, SRBA Subcase No. 36-15452. STATE of Idaho, Appellant, v. UNITED STATES of America, Respondent. In re SRBA Case No. 39576, Minidoka National Wildlife Refuge, SRBA Subcase No. 36-15452. Twin Falls Canal Company and North Side Canal Company; Harrison Canal & Irrigation Company, Egin Bench Canal Inc., Progressive Irrigation District, New Sweden Irrigation District, Enterprise Irrigation District, North Fremont Canal Systems, Burgess Canal & Irrigation Company, Snake River Valley Irrigation District, Peoples Canal & Irrigation Company and Idaho Irrigation District; A & B Irrigation District and Burley Irrigation District, Appellants, v. United States of America, Respondent.

Supreme Court of Idaho, Twin Falls, March 1999 Term.

March 9, 2000.


Attorney(s) appearing for the Case

Hon. Alan G. Lance, Attorney General, Boise, for appellant State of Idaho. Peter J. Ampe argued.

Rosholt, Robertson & Tucker, Twin Falls, for appellants Twin Falls Canal Company and North Side Canal Company. Norman M. Semanko argued. Rigby, Thatcher, Andrus, Rigby, Kam & Moeller, Chtd., Rexburg, for appellants Harrison Canal & Irrigation Company, Egin Bench Canal Inc., Progressive Irrigation District, New Sweden Irrigation District, Enterprise Irrigation District, North Fremont Canal Systems, Burgess Canal & Irrigation Company, Snake River Valley Irrigation District, Peoples Canal & Irrigation Company, and Idaho Irrigation District. Did not participate in oral argument.

Ling, Nielsen & Robinson, Rupert, for appellants A & B Irrigation District and Burley Irrigation District. Roger D. Ling argued.

Betty H. Richardson, United States Attorney, Boise; Sean H. Donahue, U.S. Department of Justice, Washington, D.C.; James Dubois, U.S. Department of Justice, Denver; for respondent. Sean H. Donahue argued.


KIDWELL, Justice.

This Court granted permissive appeal from an interlocutory order of the Snake River Basin Adjudication (SRBA) district court. The SRBA court denied the motion of certain irrigation districts and canal companies to file a late response and granted in part their motion to participate in the subcase. We affirm. The SRBA court also held that diversion was not required to perfect the water right the United States...

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