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CLEAR SPRINGS FOODS, INC. v. SPACKMAN

No. 37308-2010.

252 P.3d 71 (2011)

CLEAR SPRINGS FOODS, INC., and Blue Lakes Trout Farm, Inc., Petitioners/Cross-Appellants, v. Gary SPACKMAN, in his capacity as Director of the Idaho Department of Water Resources, and the Idaho Department of Water Resources, Respondents, and Idaho Ground Water Appropriators, Inc.; North Snake Ground Water District; and Magic Valley Ground Water District, Cross-Petitioners/Appellants, and Idaho Dairymen's Association, Inc., and Rangen, Inc., Intervenors.

Supreme Court of Idaho, Jerome, December 2010 Term.

Rehearing Denied June 6, 2011.

Attorney(s) appearing for the Case

Racine Olson Nye Budge & Bailey, Pocatello, for appellants. Thomas J. Budge argued.

Barker Rosholt & Simpson, LLP, Twin Falls, for cross-appellant Clear Springs Foods, Inc. John K. Simpson argued.

Ringert Law, Chartered, Twin Falls, for cross-appellant Blue Lakes Trout Farm, Inc. Daniel V. Steenson argued.

Hon. Lawrence G. Wasden , Attorney General, Boise, for respondents. Christopher M. Bromley argued.

EISMANN, Chief Justice.

This is an appeal from a decision on judicial review upholding curtailment orders issued against junior groundwater users because their withdrawals of water from the aquifer were causing material injury to senior appropriators' surface water rights. The senior appropriators also cross-appeal the failure to curtail additional groundwater pumping. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

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