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IDAHO DEPT. OF WATER RESOURCES v. U.S.

No. 19407.

832 P.2d 289 (1992)

122 Idaho 116

In re the General Adjudication of Rights to the Use of Water From the Snake River Basin Water System. State of Idaho, ex rel. R. Keith Higginson, in his official capacity as Director of the IDAHO DEPARTMENT OF WATER RESOURCES, Plaintiff-Respondent, v. UNITED STATES of America, Defendant-Appellant, and Idaho Power Company, Twin Falls Canal Company, North Side Canal Company, Defendants-Respondents.

Supreme Court of Idaho, Boise, January 1992 Term.

March 30, 1992.

Attorney(s) appearing for the Case

Maurice O. Ellsworth, U.S. Atty., and Warren S. Derbidge, Asst. U.S. Atty., Boise, and William B. Lazarus, Dept. of Justice (argued), Washington, D.C., for appellant U.S.

Larry J. EchoHawk, Atty. Gen., and Clive J. Strong, Deputy Atty. Gen. (argued), for respondent Idaho Dept. of Water Resources.

Rosholt, Robertson & Tucker, James C. Tucker (argued), Twin Falls, for respondents Idaho Power Co., Twin Falls Canal Co., and North Side Canal Co.

McDEVITT, Justice.

This case arises out of the Snake River Basin Adjudication. The United States filed a Petition for a Writ of Mandamus, requesting the district court to issue an order requiring the director of the Idaho Department of Water Resources (the agency in charge of receiving notice of claims to water rights in the adjudication) to accept the filing of the United States' Notices of Claims to a Water Right without payment of the required filing fees. The...

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