IN RE SRBA CASE NO. 39576

Docket No. 44635.

408 P.3d 52 (2017)

In re: SRBA Case No. 39576 Subcase Nos. 65-23531 and 65-23532. UNITED STATES of America, Appellant, v. BLACK CANYON IRRIGATION DISTRICT, State of Idaho and Suez Water Idaho, Inc., Respondents.

Supreme Court of Idaho, Boise, November 2017 Term.

Filed: December 21, 2017.


Attorney(s) appearing for the Case

United States Department of Justice, Boise, for appellant. John L. Smeltzer , argued.

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, for respondent State of Idaho. Michael C. Orr , Deputy Attorney General argued.

Sawtooth Law Offices, PLLC. and McDevitt & Miller, Boise, for respondent Black Canyon Irrigation District. Andrew J. Waldera appeared.

Givens Pursley, LLP, Boise, for respondent for Suez Water Idaho, Inc. Michael P. Lawrence argued.


This water rights appeal flows from two consolidated subcases, numbers 65-23531 and 65-23532, litigated in the Snake River Basin Adjudication (SRBA). The subcases concern the United States' late claims (Late Claims) filed in January 2013, which assert "supplemental beneficial use storage water rights" claims under the constitutional...

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