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MUSSER v. HIGGINSON

No. 20807.

871 P.2d 809 (1994)

125 Idaho 392

In re the General Adjudication of Rights to the Use of Water from the Snake River Drainage Basin Water System. Alvin MUSSER; Tim Musser; and Howard "Butch" Morris, Petitioners-Respondents, v. R. Keith HIGGINSON, in his official capacity as Director of the Idaho Department of Water Resources and the Idaho Department of Water Resources, Respondents-Appellants.

Supreme Court of Idaho, Boise, February 1994 Term.

Rehearing Denied April 22, 1994.

Attorney(s) appearing for the Case

Larry EchoHawk, Atty. Gen., and Clive J. Strong, Phillip J. Rassier and Peter R. Anderson, Deputy Attys. Gen., for respondents-appellants. Peter R. Anderson argued.

Hepworth, Nungester & Lezamiz, Chtd., Twin Falls, for petitioners-respondents. John C. Hohnhorst argued.

JOHNSON, Justice.

This case is a water distribution case. The primary issue presented is whether the trial court properly issued a writ of mandate ordering the director (the director) of the Idaho department of water resources (the department) immediately to comply with I.C. § 42-602 and distribute water in accordance with the doctrine of prior appropriation. There are also issues concerning the award of attorney fees and the trial court's order prohibiting the...

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