BRAY v. PIONEER IRR. DIST.

No. 31794.

157 P.3d 610 (2007)

In re SRBA Case No. 39576 (Subcase 91-63) re Ownership of Water Rights. Gene F. BRAY, Thomas R. Stuart, III, Thomas J. Cade, Amy Williams, Appellants-Cross Respondents, 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, Boise Project Board of Control, New York Irrigation District, Wilder Irrigation District, Boise-Kuna Irrigation District, Big Bend Irrigation District, Respondents-Cross Appellants.

Supreme Court of Idaho, Boise, May 2006 Term.

March 9, 2007.


Attorney(s) appearing for the Case

Laurence "Laird" J. Lucas, Boise; Sara Denniston Eddie, Boise, attorneys for appellant. Laurence "Laird" J. Lucas argued.

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

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

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.

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.


SCHROEDER, Chief Justice.

This is a companion appeal to United States of America v. Pioneer Irrigation Dist., ___ Idaho ___, 157 P.3d 600, 2007 WL 703701, No. 31790, slip op. (March 9, 2007).

II.

FACTUAL AND PROCEDURAL BACKGROUND

This case commenced when the United States Bureau of Reclamation (BOR or United States) filed water right claims for irrigation...

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