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CITY OF POCATELLO v. IDAHO

No. 37723-2010.

275 P.3d 845 (2012)

In re SRBA Case No. 39576 CITY OF POCATELLO, Petitioner-Appellant, v. The State of IDAHO, Respondent.

Supreme Court of Idaho, Boise, November 2011 Term.

Rehearing Denied March 23, 2012.

Attorney(s) appearing for the Case

Josephine Beeman , Beeman & Associates, P.C., Boise, argued for appellant.

Shasta Kilminster-Hadley , Deputy Attorney General, Boise, argued for respondent.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED JANUARY 5, 2012 IS HEREBY WITHDRAWN.

EISMANN, Justice.

This is an appeal from the decision of the district court in the Snake River Basin Adjudication holding: (a) that Pocatello cannot use its wells as alternate points of diversion for its surface water rights; (b) that it can use its interconnected wells as alternate points of diversion for all of the associated water rights on the condition...

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