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McCRAY v. ROSENKRANCE

No. 25905.

20 P.3d 693 (2001)

135 Idaho 509

In re SRBA Case No. 39576, Subcase Nos. 34-00600 and 34-00606. John McCRAY and Matea McCray, husband and wife, Appellants, v. Doug ROSENKRANCE, Shane Rosenkrance and James C. Lambert, Respondents.

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

Rehearing Denied April 3, 2001.

Attorney(s) appearing for the Case

Ling & Robinson, Rupert, for appellants. Roger D. Ling argued.

Patrick D. Brown, P.C., Jerome, for respondents.

KIDWELL, Justice.

This appeal is from an order of the SRBA district court, adopting the recommendation of a special master in its entirety. The special master's recommendation concluded that the majority of water rights 34-00600 and 34-000606 had been abandoned and/or forfeited due to non-use for the statutory period.

I.

FACTS AND PROCEDURAL BACKGROUND

A. Facts

Water rights 34-00600 and 34-00606 are appurtenant to real...

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