In re: SRBA Case No. 39576-Order Adopting Special Master's Recommendation on Summary Judgment Entered 10-15-96 (24 Hagerman Subcases).
STATE of Idaho, Appellant-Cross Respondent, and
United States of America; North Snake Ground Water District, May Farms, Ltd., Sand Springs Ranch Partnership, Faulkner Land and Livestock Company; Idaho Ground Water Appropriators, Inc., Cranney Bros., Intervenors-Appellants-Cross Respondents,
v.
HAGERMAN WATER RIGHT OWNERS, INC., Respondent-Cross Appellant, and
Pioneer Irrigation District, Settlers Irrigation District, Payette River Water Users Association, Inc., Little Salmon River Water Users Association, Inc., Thousand Springs Ranch, Newfoundland Partners, Sinclair Oil Corporation, d/b/a Sun Valley Company, Thompson Creek Mining Company, Inc., Bogus Basin Recreational Association, Inc.; Idaho Power Company; Nampa & Meridian Irrigation District, Allen Noble Farms, Inc., Allen Noble, Farm Development Corporation, Rim View Trout Company, Clear Lakes Trout Company, Inc., Rainbow Trout Farms, C.H. Nicholson, Sailor Creek Water Company, G. Patrick Morris, Hulet Farm Management Company, Grindstone Butte Mutual Canal Company; Twin Falls Canal Company, North Side Canal Company, Acequia, Inc., Intervenors-Respondents-Cross Appellants.
Supreme Court of Idaho, Boise, February 1997 Term.https://leagle.com/images/logo.png
September 11, 1997.
September 11, 1997.
Attorney(s) appearing for the Case
Alan G. Lance, Attorney General; Cheri C. Copsey, Deputy Attorney General, Boise, for appellant State of Idaho.
Betty H. Richardson, U.S. Attorney, Boise; William B. Lazarus (argued), Department of Justice, Washington, D.C., for appellant United States of America.
Givens, Pursley & Huntley, Boise, for intervenor-appellants Idaho Ground Water Appropriators, Inc. and Cranney Bros. Jeffrey C. Fereday argued.
Beeman & Hofstetter, P.C., Boise, for intervenor-appellants North Snake Ground Water District, May Farms, Ltd., Sand Springs Ranch Partnership, and Faulkner Land and Livestock Co. Dana L. Hofstetter argued.
Hepworth, Lezamiz & Hohnhorst, Twin Falls, for respondent Hagerman Water Right Owners, Inc. Patrick D. Brown argued.
Rosholt, Robertson & Tucker, Chtd., Twin Falls, for intervenor-respondents Idaho Power Co., Twin Falls Canal Co. and North Side Canal Co. James C. Tucker argued for Idaho Power and Norman Semanko argued for the canal companies.
Elam & Burke, P.A., Boise, for intervenor-respondents Pioneer Irrigation District, Settlers Irrigation District, Payette River Water Users Ass'n, Inc., Little Salmon River Water Users Ass'n, Inc., Thousand Springs Ranch, Newfoundland Partners, Sinclair Oil Corp., d/b/a Sun Valley Co., Thompson Creek Mining Co., and Bogus Basin Recreational Ass'n, Inc. Scott L. Campbell argued.
Ringert Clark, Chtd., Boise, for remaining intervenor-respondents. Daniel V. Steenson argued.
Hogue, Speck & Aanestad, Ketchum, for respondent Acequia, Inc. James P. Speck argued.
Supreme Court of Idaho, Boise, February 1997 Term.
SCHROEDER, Justice.
The State of Idaho appeals from the district court's decision adopting a special master's recommendation to reject part of the Director's Report related to twenty-four (24) subcases in Basin 361 and holding that previously decreed water rights may not be reduced on the basis of current non-application to beneficial use absent a showing of abandonment, forfeiture, adverse possession or estoppel and that the Director...
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