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A & B IRR. DIST. v. IDWR

No. 39196-2011.

301 P.3d 1270 (2012)

A & B IRRIGATION DISTRICT, Petitioner-Appellant, v. The IDAHO DEPARTMENT OF WATER RESOURCES and Gary Spackman in his official capacity as Interim Director of the Idaho Department of Water Resources, Respondents.

Supreme Court of Idaho, Twin Falls, August 2012 Term.

September 14, 2012.

Attorney(s) appearing for the Case

Paul L. Arrington , Barker Rosholt & Simpson LLP, Twin Falls, argued for appellant.

Garrick L. Baxter , Deputy Attorney General, Boise, argued for respondents.

EISMANN, Justice.

This is an appeal out of the SRBA court in Twin Falls County. The appellant had filed a petition for reconsideration of an administrative order issued by the Idaho Department of Water Resources, and, when the Department failed to decide the merits of the petition within twenty-one days, the appellant filed a petition for judicial review of the Department's order, contending that the petition for reconsideration was deemed denied pursuant to Idaho...

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