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SAGEWILLOW, INC. v. IDWR

No. 24431.

13 P.3d 855 (2000)

135 Idaho 24

SAGEWILLOW, INC. Petitioner-Appellant, v. IDAHO DEPARTMENT OF WATER RESOURCES, James Mays, Mays Land and Livestock, and Blaine County Canal Company, Respondents.

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

Rehearing Denied November 28, 2000.

Attorney(s) appearing for the Case

Holden, Kidwell, Hahn & Crapo, Idaho Falls; Rosholt, Robinson & Tucker, Twin Falls, for appellant. Kent W. Foster and Norman M. Semanko argued.

Hon. Alan G. Lance, Attorney General; Phillip J. Rassier, Deputy Attorney General, for respondent Department of Water Resources. Phillip J. Rassier argued.

Givens Pursley, LLC, Boise, for respondents James Mays, Mays Land and Livestock, and Blaine County Canal Company. Michael C. Creamer argued.

PER CURIAM.

This is an appeal from the district court's review of a decision issued by the Idaho Department of Water Resources (IDWR), ruling that certain water rights belonging to Sagewillow, Inc. (Sagewillow) were partially forfeited. We remand the case to the Snake River Basin Adjudication district court.

I.

FACTS AND PROCEDURAL BACKGROUND

A. Facts

In 1989, Sagewillow purchased real property in Butte County, known locally as...

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