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3G AG LLC v. IDAHO DEP'T OF WATER RESOURCES

Docket No. 48769.

509 P.3d 1180 (2022)

3G AG LLC, an Idaho limited liability company, Petitioner-Appellant, v. IDAHO DEPARTMENT OF WATER RESOURCES, Respondent, and A&B Irrigation District, Burley Irrigation District, Milner Irrigation District, American Falls Reservoir District #2, Minidoka Irrigation District, North Side Canal Company and Twin Falls Canal Company, Intervenors-Respondents. In the Matter of Application for Transfer No. 83160 in the Name of Jeffrey and Chana Duffin.

Supreme Court of Idaho, Boise, February 2022 Term.

Opinion filed: May 18, 2022.

Attorney(s) appearing for the Case

Holden Kidwell Hahn & Crapo, P.L.L.C. Idaho Falls, for Appellants. Robert L. Harris argued.

Lawrence G. Wasden, Idaho Attorney General, Boise, for Respondent Idaho Department of Water Resources. Michael C. Orr argued, and Garrick L. Baxter appeared.

Baker Rosholt & Simpson, LLP, Twin Falls, for Intervenors A&B Irrigation District, Burley Irrigation District, Milner Irrigation District, North Side Canal Company, and Twin Falls Canal Company.

Fletcher Law Office, Burley, for Intervenors American Falls Reservoir District #2 and Minidoka Irrigation District. William Kent Fletcher argued.

This appeal concerns the denial of an application to transfer a ground water right that currently benefits 53.9 acres which also has an entitlement to surface water rights. The transfer application sought to unstack these two overlapping rights by transferring the ground water right to irrigate a different property, which would...

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