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STATE OF IDAHO EX REL. ANDRUS v. KLEPPE

Civ. No. 1-75-22.

417 F.Supp. 873 (1976)

STATE OF IDAHO ex rel. Cecil D. ANDRUS, Governor, et al., Plaintiffs, v. Thomas S. KLEPPE, Secretary of the Interior, Defendant.

United States District Court, D. Idaho.

July 15, 1976.

Attorney(s) appearing for the Case

Wayne L. Kidwell, Atty. Gen., Nathan W. Higer, Dept. of Water Resources, Boise, Idaho, for plaintiffs.

Wilbur T. Nelson, Asst. U. S. Atty., Boise, Idaho, for defendant.

MEMORANDUM DECISION AND ORDER

J. BLAINE ANDERSON, District Judge.

On August 18, 1894, the Carey Act was passed "granting," under certain conditions, one million acres of desert land to the State of Idaho, as well as other desert land states. 43 U.S.C.A. § 641. An additional two million acres were "granted" the State of Idaho in 1908. 35 Stat. 577 (May 25, 1908) and 35 Stat. 347, 43 U.S.C.A. § 645 (May 27, 1908). On February 21, 1975, the State...

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