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CITY OF EAGLE v. DEPT. OF WATER RESOURCES

No. 36970.

247 P.3d 1037 (2011)

CITY OF EAGLE, Petitioner-Appellant, v. IDAHO DEPARTMENT OF WATER RESOURCES, Respondent.

Supreme Court of Idaho, Boise, January 2011 Term.

February 7, 2011.

Attorney(s) appearing for the Case

Moore, Smith, Buxton & Turcke, Boise, for appellant. Bruce M. Smith argued.

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, for respondent. Shasta J. Kilminster-Hadley , Deputy Attorney General argued.

BURDICK, Justice.

In 2005, Appellant City of Eagle (Eagle) filed two applications to appropriate water for municipal use. On July 3, 2008, Respondent Idaho Department of Water Resources (IDWR) signed and served the Order on Reconsideration, which confirmed the Final Order approving Eagle's applications subject to certain limitations and conditions. IDWR failed to properly serve Eagle and another party on July 3, 2008. To correct the error, IDWR re-served the July...

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