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NELSON v. BIG LOST RIVER IRRIGATION

No. 35543-2008.

219 P.3d 804 (2009)

David NELSON and Loy Pehrson, et al., Plaintiffs-Appellants, v. BIG LOST RIVER IRRIGATION DISTRICT; Board of Directors, Richard Reynolds, Charlie Huggins, Kent Harwood, Joel Anderson, M. Marx Hintze; Idaho Department of Water Resources; and David R. Tuthill, Jr., Director, Defendants-Respondents. and Robert Waddoups, et al., and Jay F. Pearson, et al., Intervenors-Respondents.

Supreme Court of Idaho, Boise, August 2009 Term.

September 30, 2009.

Attorney(s) appearing for the Case

Hutchinson & Brown, LLP, Twin Falls, for appellants. Patrick D. Brown argued.

W. Kent Fletcher, Burley, for respondents the irrigation district and its directors.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent Department of Water Resources and its Director. Harriet A. Hensley argued.

Holden, Kidwell, Hahn & Crapo, Idaho Falls, for intervenors. Robert L. Harris argued.

EISMANN, Chief Justice.

This is an appeal by water users within an irrigation district from a judgment of the district court determining that water lost when the district uses a section of river to convey its water to downstream diversion points for distribution to water users in the district must be allocated pro rata among those water users. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

The Big Lost River Irrigation...

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