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POCATELLO v. STATE

No. 33669.

180 P.3d 1048 (2008)

In re SRBA, Case No. 39576 Subcase No: 29-11609. CITY OF POCATELLO, Appellant, v. The STATE of Idaho, United States of America and the Shoshone-Bannock Tribes, Respondents.

Supreme Court of Idaho, Boise, January 2008 Term.

Rehearing Denied April 3, 2008.

Attorney(s) appearing for the Case

A. Dean Tranmer, City of Pocatello, Pocatello, and White & Jankowski, Denver, Colorado, for appellant. Sarah A. Klahn argued.

The Honorable Lawrence G. Wasden, Attorney General, Boise, for respondent State of Idaho. David J. Barber argued.

David Negri, U.S. Department of Justice, Boise, and Todd S. Aagaard, United States Department of Justice, Washington, D.C., for respondent United States of America. William Lazarus argued.

Wolfley Law Office, Pocatello, for respondents Shoshone-Bannock Tribes. Jeanette Wolfley argued.

J. JONES, Justice.

The City of Pocatello filed a claim in the Snake River Basin Adjudication (SRBA), asserting it had been granted a federal water right under an 1888 Congressional act. A special master in the SRBA determined that no such right existed. The district court affirmed on appeal, as does this Court.

I.

President Andrew Johnson designated the Fort Hall Indian Reservation for the use of certain bands of the Shoshone and Bannock Tribes ...

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