NORTH SNAKE GROUND WATER DIST. v. GISLER

No. 26773.

40 P.3d 105 (2002)

136 Idaho 747

In re SRBA Case No. 39576, Subcase No. 36-00077D. NORTH SNAKE GROUND WATER DISTRICT, Appellant, v. Bradley GISLER and Linda Gay Gisler, Respondents.

Supreme Court of Idaho, Boise, November 2001 Term.

January 18, 2002.


Attorney(s) appearing for the Case

Beeman & Associates, P.C., Boise, for appellant. Deborah E. Nelson argued.

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


KIDWELL, Justice.

North Snake Ground Water District appeals the decree of a water right to the Gislers. It argues that the water right cannot be decreed without taking into consideration the sprinkler-flood irrigation policy and that it properly and timely raised this issue before the SRBA district court.

I.

FACTS AND PROCEDURAL BACKGROUND

Bradley and Linda Gisler (Gislers) submitted a SRBA claim for a water right on July 29, 1988. Under...

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