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A & B IRRIGATION DISTRICT v. ABERDEEN-AMERICAN FALLS GROUND WATER DISTRICT

No. 29942.

118 P.3d 78 (2005)

In Re: SRBA Case No. 39576 (Subcases 36-02080, et al, A & B Irrigation). A & B IRRIGATION DISTRICT, Appellant, v. ABERDEEN-AMERICAN FALLS GROUND WATER DISTRICT; Bingham Ground Water District; Magic Valley Ground Water District; Estate of Mack Neibaur; Ralph E. Breding; Tim Deeg; and State of Idaho, Respondents.

Supreme Court of Idaho.

Rehearing Denied August 16, 2005.

Attorney(s) appearing for the Case

Ling, Robinson & Walker, Rupert, for appellant. Roger D. Ling argued.

Givens Pursley, LLP, Boise, for respondent Aberdeen-American Falls Ground Water District. Jeffrey C. Fereday argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent State of Idaho. David J. Barber argued.

SCHROEDER, Chief Justice.

This appeal arises from an order issued by the district court affirming a special master's partial summary judgment regarding five water enlargement claims brought by A & B Irrigation District (A & B) in the Snake River Basin Adjudication (SRBA). At issue is whether the district court erred in finding that (1) the source of water used by A & B to irrigate enlarged acres is ground water rather than recaptured drain, waste, or seepage...

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