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SEARS v. BERRYMAN

No. 13241.

623 P.2d 455 (1981)

101 Idaho 843

Wallace SEARS and Ramona Sears, husband and wife, Plaintiffs-Appellants and Cross-Respondents, v. Glenn BERRYMAN and Virginia Berryman, husband and wife, Defendants-Respondents and Cross-Appellants, and Eugene Ward, as Watermaster of Water District No. 43-C, and Stephen Allred, Director of the Department of Water Resources of the State of Idaho, Defendants-Respondents.

Supreme Court of Idaho.

May 4, 1981.

Attorney(s) appearing for the Case

Robert L. Crowley, Lawrence H. Duffin of Duffin, Coughlan, Workman & Barker, Burley, for plaintiffs-appellants.

William Parsons, Burley, Josephine P. Beeman, Deputy. Atty. Gen., Boise, for defendants-respondents.

SHEPARD, Justice.

This is an appeal from a judgment adjudicating the rights as between various competing parties in and to waters diverted from Cassia Creek in a water district in Cassia County, Idaho. We affirm in part, reverse in part, and remand for additional findings and/or actions of the trial court.

In 1928, numerous rights to divert and use water from Cassia Creek were duly adjudicated. Among the water rights adjudicated

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