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CHISHOLM v. IDAHO DEPT. OF WATER RESOURCES

Nos. 30843, 30844.

125 P.3d 515 (2005)

142 Idaho 159

In the Matter of Application for Transfer No. 5639 in the Name of K & W Dairy, Applicant. Bill CHISHOLM, Petitioner-Appellant, and Lee Halper, Petitioner, v. IDAHO DEPARTMENT OF WATER RESOURCES and K & W DAIRY, Respondents. In the Matter of Application for Transfer No. 5639 in the Name of K & W Dairy, Applicant. Lee Halper, Petitioner-Appellant, and Bill Chisholm, Petitioner, v. Idaho Department of Water Resources And K & W Dairy, Respondents.

Supreme Court of Idaho, Twin Falls, November 2005.

November 23, 2005.

Attorney(s) appearing for the Case

William K. Chisholm, Buhl, pro se appellant argued in case no. 30843.

Hon. Lawrence G. Wasden, Attorney General, Boise for respondent Department of Water Resources in cases 30843 and 30844. Christopher Michael Bromley argued.

Fredericksen, Williams, Meservy & Lothspeich, LLP, Jerome and Givens, Pursley, LLP, Boise, for respondent K & W Dairy in case 30843. Christopher H. Meyer argued.

Lee Halper, Jerome, pro se appellant argued in case no. 30844.

Fredericksen, Williams, Meservy & Lothspeich, LLP, Jerome, for respondent K & W Dairy in case no. 30844. Christopher H. Meyer argued.

BURDICK, Justice.

This consolidated case is a review of a decision by the Idaho Department of Water Resources (IDWR) approving a water right transfer to a proposed dairy outside of Jerome, Idaho. Appellants Bill Chisholm (Chisholm) and Lee Halper (Halper) appeal this decision, arguing that because of odors that will be emitted from the proposed dairy the water rights transfer does not comport with the local public interest...

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