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IN RE WD170

No. 35175.

220 P.3d 318 (2009)

In re IDAHO DEPARTMENT OF WATER RESOURCES AMENDED FINAL ORDER CREATING WATER DISTRICT NO. 170. Thompson Creek Mining Company, Petitioner-Appellant, v. Idaho Department of Water Resources, Respondent.

Supreme Court of Idaho, Boise, September Term.

October 27, 2009.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields, Chtd., Boise, for appellant. Dylan B. Lawrence argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondents. Andrea L. Courtney, Deputy Attorney General, argued.

BURDICK, Justice.

This case arises out of the creation of Water District No. 170 (WD170) by the director (Director) of the Idaho Department of Water Resources (IDWR). Thompson Creek Mining Company (Thompson Creek) alleges that the Director violated procedural due process under both the Idaho and United States Constitutions in creating WD170 without following proper hearing guidelines as established under the Idaho Administrative Procedure Act (IDAPA). Thompson Creek...

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