In re SRBA, Case No. 39576, Subcase 00-91017 (Basin-Wide Issue 17 — Does Idaho Law Require a Remark Authorizing Storage Rights to `Refill', Under Priority, Space Vacated for Flood Control).
A & B Irrigation District, Burley Irrigation District, Milner Irrigation District, North Side Canal Company, Twin Falls Canal Company, Minidoka Irrigation District, American Falls Reservoir District No. 2 and Boise Project Board of Control, Appellants,
v.
State of Idaho, United States of America, American Falls Reservoir District No. 2, Aberdeen-American Falls Ground Water District, Aberdeen-Springfield Canal Company, Bingham Ground Water District, Bonneville-Jefferson Ground Water District, Jefferson-Clark Ground Water District, Madison Ground Water District, Magic Valley Ground Water District, North Snake Ground Water District, Black Canyon Irrigation District, New York Irrigation District, Big Wood Canal Company, Ballentyne Ditch Company, Boise Valley Irrigation Ditch Company, Canyon County Water Company, Eureka Water Company, Farmers' Co-Operative Ditch Company, Middleton Irrigation Association, Inc., Middleton Mill Ditch Company, Nampa & Meridian Irrigation District, New Dry Creek Ditch Company, Pioneer Ditch Company, Settlers Irrigation District, South Boise Water Company, Thurman Mill Ditch Company, Idaho Power Company, Fremont-Madison Ground Water District, Idaho Irrigation District, United Canal Company, City of Pocatello, United Water Idaho, Inc., Pioneer Irrigation District, Respondents.
Supreme Court of Idaho, Boise, January 2014 Term.https://leagle.com/images/logo.png
August 4, 2014.
August 4, 2014.
Attorney(s) appearing for the Case
Barker, Rosholt & Simpson, LLP, Twin Falls, for appellants. Travis L. Thompson argued in case number 40974 for appellant Surface Water Coalition and Albert P. Barker argued in 40975 for appellant Boise Project Board.
Fletcher Law Office, Burley, for appellants American Falls Irrigation District #2 and Minidoka Irrigation District.
U.S. Department of Justice, Colorado, for respondent United States.
Arkoosh Law Offices, Boise, for respondent American Falls Reservoir District No. 2.
Racine Olson Nye Budge & Bailey, Chtd., Pocatello, for respondent Aberdeen-Springfield Canal Company, Bingham Ground Water District, Bonneville-Jefferson Ground Water District, Jefferson-Clark Ground Water District, Madison Ground Water District, Magic Valley Ground Water District, North Snake Ground Water District.
McDevitt & Miller, Boise, for respondent Black Canyon Irrigation District, New York Irrigation District.
Hobdey & Hobdey, Gooding, for respondent Big Wood Canal Company.
Sawtooth Law Offices, PLLC, Boise, for appellants in 40975 and respondents in 40974. Ballentyne Ditch Company, Boise Valley Irrigation Ditch Company, Canyon County Water Company, Eureka Water Company, Farmers Co-operative Ditch Company, Middleton Irrigation District, Middleton Mill Ditch Company, Nampa & Meridian Irrigation District, New Dry Creek Ditch Company, Pioneer Ditch Company, Settlers Irrigation District, South Boise Water Company, Thurman Mill Ditch Company. S. Bryce Farris argued for appellant in 40975.
Rigby, Andrus & Rigby, Rexburg, for respondents Fremont-Madison Ground Water District, Idaho Irrigation District, United Canal Company. Jerry R. Rigby argued in 40974.
Beeman & Associates, P.C., Boise, for respondent City of Pocatello.
Givens Pursley, Boise, for respondent United Water Idaho, Inc. Christopher H. Meyer argued.
Moffatt, Thomas, Barrett & Rock, Boise, for respondent Pioneer Irrigation District. Andrew J. Waldera argued in 40974.
Supreme Court of Idaho, Boise, January 2014 Term.
BURDICK, Chief Justice.
This appeal arises out of the Snake River Basin Adjudication (SRBA) court's decision on the following basin-wide issue: Does Idaho law require a remark authorizing storage rights to "refill," under priority, space vacated for flood control? The SRBA court concluded that a remark was not necessary because a storage water right that is filled cannot refill under priority before affected junior appropriators satisfy their water rights once. The...
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