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IDAHO POWER CO. v. DEPT. OF WATER RESOURCES

No. 37348.

255 P.3d 1152 (2011)

In the Matter of Licensed Water Right No. 03-7018 in the Name of Idaho Power Company. IDAHO POWER COMPANY, Petitioner-Respondent, v. IDAHO DEPARTMENT OF WATER RESOURCES, Respondent-Appellant.

Supreme Court of Idaho, Boise, April 2011 Term.

May 26, 2011.

Attorney(s) appearing for the Case

Honorable Lawrence G. Wasden , Attorney General, Boise, for appellant. Garrick L. Baxter argued.

Barker Rosholt & Simpson, LLP, and James C. Tucker , Boise, for respondent. Shelley M. Davis argued.

J. JONES, Justice.

The Idaho Department of Water Resources (Department) appeals an order of the district court requiring the Department to strike a term condition from a hydropower water right license issued to Idaho Power Company. We reverse.

I.

Factual and Procedural Background

On December 24, 1975, Idaho Power Company filed an application with the Department for a permit to divert and use 5000 cfs of water for hydropower generation purposes...

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