RANGEN, INC. v. IDWR

No. 42772.

367 P.3d 193 (2016)

In the Matter of the Distribution of Water to Water Right Nos. 36-02551 & 36-07694 (Rangen, Inc.) IDWR Docket CM-DC-2011-004. RANGEN, INC., Petitioner-Appellant, v. The IDAHO DEPARTMENT OF WATER RESOURCES, Gary Spackman, in his capacity as Director of the Idaho Department of Water Resources, Fremont-madison Irrigation District, and The City of Pocatello, Respondents-Respondents, and Idaho Ground Water Appropriators, Inc., A & B Irrigation District, Burley Irrigation District, Milner Irrigation District, North Side Canal Company, Twin Falls Canal Company, American Falls Reservoir District # 2, and Minidoka Irrigation District, Intervenors-Respondents.

Supreme Court of Idaho, Boise, December 2015 Term.

February 29, 2016.


Attorney(s) appearing for the Case

Brody Law Office, PLLC, Rupert, Haemmerle Law Office, PLLC, Hailey, and May, Browning and May, PLLC, Boise, for appellant Rangen, Inc. Robyn M. Brody argued.

Honorable Lawrence G. Wasden , Idaho Attorney General, Boise, for respondents Idaho Department of Water Resources and Gary Spackman. Garrick L. Baxter argued.

Racine Olson Nye Budge & Bailey, Chartered, Pocatello, for respondent Idaho Ground Water Appropriators, Inc. Thomas J. Budge argued.

White & Jankowski LLP, Denver, and A. Dean Tranmer , Pocatello, for respondent City of Pocatello. Mitra M. Pemberton argued.

Rigby, Andrus & Rigby Law, PLLC, Rexburg, for intervenor Fremont-Madison Irrigation District.

Barker, Rosholt & Simpson, LLP, Twin Falls, for intervenors A & B Irrigation District, Burley Irrigation District, Milner Irrigation District, North Side Canal Company and Twin Falls Canal Company.

Fletcher Law Office, Burley, for intervenors American Falls Reservoir District # 2 and Minidoka Irrigation District.


Appellant Rangen, Inc., initiated a contested case by filing a petition for a delivery call before the Director of the Idaho Department of Water Resources ("IDWR"), alleging that junior ground water pumping in the Eastern Snake Plains Aquifer ("ESPA") was materially injuring its...

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