U.S. v. Pioneer Irr. Dist.
| Decision Date | 09 March 2007 |
| Docket Number | No. 31790.,31790. |
| Citation | 144 Idaho 106,157 P.3d 600 |
| Parties | In re SRBA Case No. 39576 (Subcase 91-63) re: Ownership of Water Rights. UNITED STATES of America, Appellant-Cross Respondent, v. PIONEER IRRIGATION DISTRICT, Settlers Irrigation District, Respondents, and Nampa & Meridian Irrigation District, Farmers Cooperative Ditch Company, Boise Valley Irrigation District, New Dry Creek Ditch Company, Eureka Water Company, Ballentyne Ditch Company, Eagle Island Water Users, Thurman Mill Ditch Company, South Boise Water Company; Farmers Union Ditch Company, Canyon County Water Company, Middleton Mill Ditch Company, Middleton Irrigation Association; Committee of Nine, Twin Falls Canal Company, North Side Canal Company, A & B Irrigation District, Burley Irrigation District, Falls Irrigation District, Aberdeen-Springfield Canal, Fremont-Madison Irrigation District, Peoples Canal & Irrigation, Snake River Valley Irrigation, Idaho Irrigation District, Egin Bench Canal Incorporated, North Fremont Canal System, Progressive Irrigation District, Enterprise Irrigation District, New Sweden Irrigation District, Harrison Canal & Irrigation, Burgess Canal & Irrigation, Progressive Irrigation District, Enterprise Irrigation District, New Sweden Irrigation District, Harrison Canal & Irrigation, Burgess Canal & Irrigation, Boise Project Board Of Control, New York Irrigation District, Wilder Irrigation District, Boise-Kuna Irrigation District, Big Bend Irrigation, Respondents-Cross Appellants. |
| Court | Idaho Supreme Court |
Barker, Rosholt & Simpson LLP, Boise, attorneys for respondents-cross appellants Boise Project Board of Control, et al., and Committee of Nine, et al. Albert P. Barker argued.
State of Idaho, Department of Natural Resources Division, Boise. Michael C. Orr argued.
This is a water rights case arising from the Snake River Basin Adjudication (SRBA) regarding ownership interests of the United States and various irrigation entities. The SRBA court ruled that the United States has nominal legal title to the water rights at issue and the irrigation entities hold equitable title in trust for their landowners. The United States appealed to this Court. Several irrigation entities filed cross-appeals.
The United States Bureau of Reclamation (United States or BOR) filed water right claims for irrigation storage, irrigation from storage, and other storage rights from Arrowrock Dam and Reservoir, Lucky Peak Dam and Reservoir, and Anderson Ranch Dam and Reservoir (collectively the Boise Project). These three projects were authorized and developed pursuant to the Reclamation Act of 1902 and its subsequent amendments. The irrigation entities have contracts with the BOR for the storage and delivery of the project water. The irrigation entities filed separate claims to the same water rights consistent with their respective uses.
The Idaho Department of Water Resources (IDWR) recommended that the water rights be in the name of the BOR and that the claims filed by the irrigation entities be disallowed. The irrigation entities filed several objections to IDWR's recommendations.
While the issues were pending before the Special Master, counsel for several of the irrigation entities moved to consolidate the issue of ownership as between the BOR and the irrigation entities, recognizing that there were other issues that varied among the water rights for the three facilities and that the delivery contracts varied between the entities. The SRBA court issued an Order Separating and Consolidating Common Issue From Subcases; Order Rescinding Order of Reference to Special Master as to Consolidated Issue; Order Designating Issue as Consolidated Subcase 91-63; Notice of Scheduling and Status Conference on Consolidated Issue (June 2003 Order). The June 2003 Order permitted parties to the adjudication to participate as parties to the consolidated subcase that were not already participating. The parties to the subcase were required to file a statement of issues for purposes of determining whether the issue of ownership interest could be decided as a matter of law. All parties characterized the issue of ownership as a question of law or a mixed question of fact and law. Thereafter, Farmers Union Ditch Company, et al.; the United States Department of Interior, Bureau of Reclamation; Ballentyne Ditch Company, et al.; Pioneer and Settlers Irrigation Districts; and Boise Project Board of Control, et al.; and the Conservation Objectors all filed motions for summary judgment asserting no genuine issue of material fact on the issue of ownership.
Following cross-motions for summary judgment, the SRBA court issued an order concluding that the United States has nominal legal title to the Boise Project water rights and the irrigation entities hold equitable title in trust for their landowners. The SRBA court stated it would include a Remark under I.C. § 42-1411(2) indicating that the irrigation entities hold equitable title to the Boise Project water rights, stating that this would not constitute a collateral attack on the prior decrees and licenses that vested sole ownership with the United States since it was "being asked to clarify existing law against which the water right holders were entitled to rely." After the SRBA court issued its order including such a Remark, the irrigation entities requested the court to reconsider the language of the Remark. The request was granted, and in March 2005, the SRBA court issued an Order on Motion for Reconsideration and Order Modifying Court's January 14, 2005, Final Order, which included the following language in the Remark:
Although the name of the United States of America acting through the Bureau of Reclamation appears in the Name and Address sections of this partial decree, the ownership of this water right is divided. The United States Bureau of Reclamation holds nominal legal title. Beneficial or equitable title to this water right is held in trust by the irrigation organizations, in the quantities and/or percentages specified in the contracts between the Bureau of Reclamation and the irrigation organizations, for the benefit of the landowners entitled to receive distribution of this water from the respective irrigation organizations pursuant to Idaho law. As a matter of law, this interest is appurtenant to the lands within the boundaries of or served by such irrigation organization. The ownership of this water right is derived from law and is not based exclusively on the contracts between the Bureau of Reclamation and the irrigation organizations.
The United States appeals, arguing that this Court should agree with the recommendation of the IDWR. Ballentyne, et al. and Farmers Union Ditch Co., et al. argue on cross-appeal that the SRBA court erred when failing to include in the Remark the identity of each irrigation entity and the quantity of water beneficially owned by each irrigation entity. The issues in this case concern irrigation rights and interests. Questions concerning such matters as flood control, environmental uses, or other issues are outside the scope of this decision.
When this Court reviews a district court's decision on summary judgment, this Court employs the same standard used by the district court in reviewing the motion. The facts will be construed in favor of the non-moving party. "Summary judgment is appropriate if there are no genuine issues of material fact and the case can be decided as a matter of law."
Ada County Bd. of Equalization v. Highlands, Inc., 141 Idaho 202, 205-06, 108 P.3d 349, 352-53 (2005) (internal citations omitted). This Court exercises free review over questions of law. Id.
The "Reclamation Act of 1902 set in motion a massive program to provide federal financing, construction, and operation of water storage and distribution projects to reclaim arid lands in many Western States." Orff. v. United States, 545 U.S. 596, 598, 125 S.Ct. 2606, 2608, 162 L.Ed.2d 544, 547 (2005) (citing California v. United States, 438 U.S. 645, 650, 98 S.Ct. 2985, 2988, 57 L.Ed.2d 1018, 1023 (1978)). Federal law provides that the United States holds title to Reclamation projects works and the right to manage and operate Reclamation projects. 43 U.S.C. §§ 491, 498. While "[t]he history of the relationship between the Federal Government and the States in the reclamation of the arid lands of the Western States is both long and involved . . . through it runs the consistent thread of purposeful and continued deference to state water law by Congress." California, 438 U.S. at 653, 98 S.Ct. at 2990, 57 L.Ed.2d at 1025. Even before many of the Western States had been admitted to the Union, Congress deferred to the growing local law. Id. at 654, 98 S.Ct. at 2990, 57 L.Ed.2d at 1025 (...
To continue reading
Request your trial
- 36-02551 & 36-07694 in the Name of Rangen, Inc. v. Idaho Dep't of Water Res. (In re Fourth Mitigation Plan Filed By the Idaho Ground Water Appropriators for the Distribution of Water to Water Right Nos)
- Eagle Creek Irrigation Co. v. A.C. & C.E. Invs., Inc.
-
39576 Subcase Nos. 65-23531 & 65-23532. Black Canyon Irrigation Dist. v. State (In re Srba Case No.)
... ... See United States v. Pioneer Irrigation Dist. , 144 Idaho 106, 115, 157 P.3d 600, 609 (2007). The special master permitted ... ...
- 49576, Subcase No. 91-7094. Douglas Mcinturff & Darcy Mcinturff v. Shippy (In re Csrba Case No.)