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JOYCE LIVESTOCK CO. v. U.S.

Nos. 32278, 32279, 32846.

156 P.3d 502 (2007)

In re SRBA Case No. 39576, (Subcase Nos. 55-10135, 55-11061, 55-11385 and 55-12452). JOYCE LIVESTOCK COMPANY, Appellant-Respondent, v. UNITED STATES of AMERICA, Respondent-Appellant.

Supreme Court of Idaho, Twin Falls, November 2006 Term.

February 9, 2007.

Attorney(s) appearing for the Case

McQuaid Bedford & Van Zandt LLP, San Francisco, California, and Roger D. Ling, Rupert, counsel for Joyce Livestock Company. Elizabeth P. Ewens argued.

United States Department of Justice for the United States of America. Ellen J. Durkee argued.

EISMANN, Justice.

This is an appeal from a judgment upholding Joyce Livestock Company's claim to instream water rights on federal rangeland for watering livestock, determining the priority dates of those water rights, and rejecting the claim of the United States that it also has instream water rights based upon appropriations by those it permitted to use the rangeland after enactment of the Taylor Grazing Act in 1934. The district court also denied Joyce Livestock...

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