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RANGEN, INC. v. IDWR

No. 43370.

371 P.3d 305 (2016)

In the Matter of the Fourth Mitigation Plan filed by the Idaho Ground Water Appropriators for the Distribution of Water to Water Right Nos. 36-02551 & 36-07694 in the Name of Rangen, Inc., IDWR Docket No. CM-MP-2014-006, "Magic Springs Project". RANGEN, INC., Petitioner-Appellant, v. IDAHO DEPARTMENT OF WATER RESOURCES, and Gary Spackman, in his capacity as Director of the Idaho Department of Water Resources, Respondents-Respondents, and Idaho Ground Water Appropriators, Inc., Intervenor-Respondent.

Supreme Court of Idaho, Boise, April 2016 Term.

April 26, 2016.

Attorney(s) appearing for the Case

May, Browning, and May, PLLC, Boise, Haemmerle Law Office, PLLC, Hailey, and Brody Law Office, PLLC, Rupert, for appellant Rangen, Inc. J. Justin May 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 intervenor/respondent Idaho Ground Water Appropriators, Inc. Randall C. Budg argued.

This is an appeal from an order issued by the District Court of Twin Falls County, affirming in part an order issued by the Director of the Idaho Department of Water Resources ("IDWR"). In response to a delivery call filed by Rangen, Inc., the Director had issued an order curtailing certain junior-priority ground water pumping...

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