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LU RANCHING CO. v. U.S.

No. 31994.

156 P.3d 590 (2007)

In re SRBA Case No. 39576 (Subcase Numbers 55-10288B, 55-10289B, 55-10290B, 55-10292B, 55-10293B, 55-10295B, 55-10296, 55-10297B, 55-55-10298, 55-10299B, 55-10300, 55-10301B, 55-10303B, 55-13451, 55-13846 AND 55-13844.) LU RANCHING CO., Appellant-Cross Respondent, v. UNITED STATES of America, Respondent-Cross Appellant.

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

Rehearing Denied March 30, 2007.

Attorney(s) appearing for the Case

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

United States Department of Justice for respondent. Elizabeth Ann Peterson argued.

EISMANN, Justice.

This is an appeal from a judgment upholding LU Ranching Company's claim to instream water rights on federal rangeland for watering livestock and determining the priority dates of those water rights. The district court also denied Lu Ranching Company's request for an award of attorney fees. We affirm the district court's holding that LU Ranching Company has instream water rights, vacate its determination of priority, and remand for a redetermination...

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