A & B IRR. v. DEPT. OF WATER RESOURCES

Nos. 38403, 38421, 38422.

284 P.3d 225 (2012)

In the Matter of the Petition for Delivery Call of A & B Irrigation District for the Delivery of Ground Water and for the Creation of a Ground Water Management Area. A & B IRRIGATION DISTRICT, Petitioner-Appellant, v. IDAHO DEPARTMENT OF WATER RESOURCES and Gary Spackman, in his official capacity as Interim Director of the Idaho Department of Water Resources, Defendants-Respondents, and The Idaho Ground Water Appropriators, Inc.; The City of Pocatello; Fremont Madison Irrigation District; Robert & Sue Huskinson; Sun-Glo Industries; Val Schwendiman Farms, Inc.; David Schwendiman Farms, Inc.; Darrell C. Neville; Scott C. Neville; Stan D. Neville, Cross-Appellants.

Supreme Court of Idaho, Boise, February 2012 Term.

August 2, 2012.


Attorney(s) appearing for the Case

Barker, Rosholt & Simpson, LLP, Twin Falls, for appellants. Travis L. Thompson argued.

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, for respondent Idaho Department of Water Resources. Christopher M. Bromley , Deputy Attorney General argued.

Racine Olson Nye Budge Bailey , Pocatello, for respondent Idaho Ground Water Appropriators, Inc. Candice M. McHugh argued.

White & Jankowski, LLP, Denver, CO, for respondent City of Pocatello. Sarah A. Klahn argued.


BURDICK, Chief Justice.

This case involves the Director (Director) of the Idaho Department of Water Resources' (IDWR) application of the Rules for Conjunctive Management of Surface and Ground Water Resources (CM Rules), IDAPA 37.03.11, in response to a ground water to ground water delivery call filed by the A & B Irrigation District (A & B). The Director's Final Order found that A & B was not materially injured and was affirmed by the district court on...

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