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U.S. v. PIONEER IRR. DIST.

No. 31790.

157 P.3d 600 (2007)

In re SRBA Case No. 39576 (Subcase 91-63) re: Ownership of Water Rights. UNITED STATES of America, Appellant-Cross Respondent, v. PIONEER IRRIGATION DISTRICT, Settlers Irrigation District, Respondents, and Nampa & Meridian Irrigation District, Farmers Cooperative Ditch Company, Boise Valley Irrigation District, New Dry Creek Ditch Company, Eureka Water Company, Ballentyne Ditch Company, Eagle Island Water Users, Thurman Mill Ditch Company, South Boise Water Company; Farmers Union Ditch Company, Canyon County Water Company, Middleton Mill Ditch Company, Middleton Irrigation Association; Committee of Nine, Twin Falls Canal Company, North Side Canal Company, A & B Irrigation District, Burley Irrigation District, Falls Irrigation District, Aberdeen-Springfield Canal, Fremont-Madison Irrigation District, Peoples Canal & Irrigation, Snake River Valley Irrigation, Idaho Irrigation District, Egin Bench Canal Incorporated, North Fremont Canal System, Progressive Irrigation District, Enterprise Irrigation District, New Sweden Irrigation District, Harrison Canal & Irrigation, Burgess Canal & Irrigation, Progressive Irrigation District, Enterprise Irrigation District, New Sweden Irrigation District, Harrison Canal & Irrigation, Burgess Canal & Irrigation, Boise Project Board Of Control, New York Irrigation District, Wilder Irrigation District, Boise-Kuna Irrigation District, Big Bend Irrigation, Respondents-Cross Appellants.

Supreme Court of Idaho, Boise, May 2006 Term.

March 9, 2007.

Attorney(s) appearing for the Case

David L. Negri, United States Department of Justice, attorneys for appellant-cross respondent. Kathryn E. Kovacs argued.

Moffatt, Thomas, Barrett, Rock & Fields, Chartered, Boise, attorneys for respondents, Pioneer Irrigation District and Settlers Irrigation District.

Stoppello & Kiser, Boise, attorneys for respondents-cross appellants Farmers Union Ditch Company, Canyon County Water Company, Middleton Irrigation Association, and Middleton Mill Ditch Company.

Ringert Clark Chartered, Boise, attorneys for respondents-cross appellants Ballentyne Ditch Company, Boise Valley Irrigation Ditch Co., Eagle Island Water Users Association, Eureka Water Co., Farmers Cooperative Ditch Co., Nampa & Meridian Irrigation District, New Dry Creek Ditch Company, South Boise Water Company and Thurman Mill Ditch Co. S. Bryce Farris argued.

Barker, Rosholt & Simpson LLP, Boise, attorneys for respondents-cross appellants Boise Project Board of Control, et al., and Committee of Nine, et al. Albert P. Barker argued.

State of Idaho, Department of Natural Resources Division, Boise. Michael C. Orr argued.

SCHROEDER, Chief Justice.

This is a water rights case arising from the Snake River Basin Adjudication (SRBA) regarding ownership interests of the United States and various irrigation entities. The SRBA court ruled that the United States has nominal legal title to the water rights at issue and the irrigation entities hold equitable title in trust for their landowners. The United States appealed to this Court. Several irrigation entities filed cross-appeals.

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