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IN MATTER OF DISTRIBUTION OF WATER

Nos. 38191, 38192, 38193.

315 P.3d 828 (2013)

In the matter of DISTRIBUTION OF WATER TO VARIOUS WATER RIGHTS HELD BY OR FOR the BENEFIT OF A & B IRRIGATION DISTRICT, American Falls Reservoir District # 2, Burley Irrigation District, Milner Irrigation District, Minidoka Irrigation District, North Side Canal Company, and Twin Falls Canal Company. A & B Irrigation, American Falls Reservoir District #2, Burley Irrigation District, Milner Irrigation District, Minidoka Irrigation District, North Side Canal Company, Twin Falls Canal Company, Petitioners-Appellants, and United States of America, Bureau of Reclamation, Petitioners-Respondents on Appeal, v. Gary Spackman, in his capacity as Interim Director of the Idaho Department of Water Resources, and the Idaho Department of Water Resources, Respondents-Respondents on Appeal, and Idaho Ground Water Appropriators, Inc., Intervenor-Respondent-Cross Appellant, and The City of Pocatello, Intervenor-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, June 2012 Term.

December 17, 2013.

Attorney(s) appearing for the Case

Barker Rosholt & Simpson, LLP, Twin Falls, Capitol Law Group, PLLC, Gooding and Fletcher Law Office, Burley, for appellants. Travis Thompson argued.

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

Racine, Olson, Nye, Budge & Bailey, Chtd., Pocatello, for respondent-cross-appellant Idaho Ground Water Appropriators. Thomas J. Budge argued.

Arthur Dean Tranmer , Pocatello and White & Jankowski, Denver, Colorado, for respondent-cross-appellant City of Pocatello. Sara A. Klahn argued.

HORTON, Justice.

This is an appeal from a district court's order on petition for judicial review from a final order from the Director of the Idaho Department of Water Resources (Department or IDWR). On appeal, the senior surface water rights holders (Surface Water Coalition or Coalition)1 challenge the court's order affirming the methodology established by the Director for determining material injury caused by the pumping of junior groundwater...

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