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U.S. v. STATE

No. 25546.

23 P.3d 117 (2001)

135 Idaho 655

In re SRBA Case No. 39576, Fish And Wildlife Service, SRBA Subcase No. 02-10063. UNITED STATES of America, Appellant, v. STATE of Idaho; Pioneer Irrigation District, Newfoundland Partners, Payette River Water Users, Association, Inc., Sun Valley Co., Thousand Springs Ranch; J.R. Simplot Company; A & B Irrigation District, Falls Irrigation District, Burley Irrigation District, Aberdeen-Springfield Canal Company; Boise-Kuna Irrigation District, New York Irrigation District, Wilder Irrigation District, Big Bend Irrigation District, Nampa & Meridian Irrigation District; Twin Falls Canal Company, North Side Canal Company, Milner Irrigation District; Grindstone Butte Mutual Canal Co., Allen Noble Farms, Inc., Cottonwood Canal Co., Farm Development Corporation, G. Patrick Morris, FDC (SC and GBP), Allen T. Noble, Sailor Creek Water Company; Harrison Canal, Burgess Canal, Progressive Irrigation District, Enterprise Irrigation District, Peoples Canal & Irrigation Co., New Sweden Irrigation District, Snake River Valley Irrigation District, Idaho Irrigation District, Egin Bench Canals, Inc., North Fremont Canal Systems, Inc.; Idaho Cities of Ashton, Bliss, Buhl, Burley, Cascade, Chubbuck, Council, Declo, Donnelly, Eden, Emmett, Fairfield, Fruitland, Garden City, Glenns Ferry, Grand View, Hailey, Heyburn, Inkom, Kuna, MacKay, Meridian, Middleton, Minidoka, Mountain Home, Mud Lake, Nampa, New Plymouth, Oakley, Parma, Paul, Payette, Pocatello, Rigby, Ririe, Roberts, Rupert, St. Anthony, Sugar City, Ucon and Weiser, Eastern Western Corporation, Basic American, Inc., Lamb-Weston, North Snake Ground Water District; Idaho Ground Water Appropriators, Respondents.

Supreme Court of Idaho, Twin Falls, November 2000 Term.

As Amended May 1, 2001.

Rehearing Denied May 1, 2001.

Attorney(s) appearing for the Case

Hon. Betty H. Richardson, United States Attorney, Boise; United States Department of Justice, Denver, CO; United States Department of Justice, Washington DC, for appellant. Mark R. Haag, United States Department of Justice, Washington DC, argued.

Hon. Alan G. Lance, Attorney General, Boise, for respondent State of Idaho. Clive Strong, Deputy Attorney General, argued.

Elam & Burke, Boise, for respondents Pioneer Irrigation District, New Foundland Partners, Payette River Water Users, Sun Valley Co., and Thousand Springs Ranch. Did not participate in oral argument.

Terry T. Uhling, Boise, for respondent J.R. Simplot Company. Did not participate in oral argument.

Ling, Nielsen & Robinson, Rupert, for respondents A & B Irrigation District, Falls Irrigation District, Burley Irrigation District, and Aberdeen Springfield Canal Company. Roger Ling argued.

Hawley Troxell Ennis & Hawley, Boise, for respondents Boise Kuna Irrigation District, New York Irrigation District, Wilder Irrigation District, Big Bend Irrigation District, and Nampa & Meridian Irrigation District. Did not participate in oral argument.

Rosholt, Robertson & Tucker, Boise, for respondents Twin Falls Canal Company, North Side Canal Company, and Milner Irrigation District. Did not participate in oral argument.

Ringert, Clark, Chtd., Boise, for respondent Cottonwood Canal Company. Did not participate in oral argument.

Rigby Thatcher Andrus Rigby Kam & Moeller, Chtd., Rexburg, for respondents Harrison Canal, et al. Did not participate in oral argument.

Beeman & Hofstetter, P.C., Boise, for respondents Idaho Cities of Ashton, et al. Did not participate in oral argument.

Givens Pursley, LLC, Boise, for respondent Idaho Ground Water Appropriators, Inc. Did not participate in oral argument.

SCHROEDER, Justice.

This is an appeal from the Snake River Basin Adjudication (SRBA) district court decision denying the claim of the United States for reserved water rights in connection with approximately 94 islands distributed along 110 miles of the Snake River within the Deer Flat National Wildlife Refuge. The decision was made on cross motions for summary judgment. The decision of the SRBA district court is affirmed.

I.

BACKGROUND AND PRIOR...

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