157 P.3d 610 (Idaho 2007), 31794, Bray v. Pioneer Irr. Dist.

• Docket Nº: 31794.
• Citation: 157 P.3d 610, 144 Idaho 116
• Opinion Judge: SCHROEDER, Chief Justice.
• Party Name: In re SRBA Case No. 39576 (Subcase 91-63) re Ownership of Water Rights. Gene F. BRAY, Thomas R. Stuart, III, Thomas J. Cade, Amy Williams, Appellants-Cross Respondents, v. PIONEER IRRIGATION DISTRICT, Settlers Irrigation District, Respondents, and Nampa & Meridian Irrigation District, Farmers Cooperative Ditch Company, Boise Valley Irrigation Distr
• Attorney: Laurence "Laird" J. Lucas, Boise; Sara Denniston Eddie, Boise, attorneys for appellant. Laurence "Laird" J. Lucas argued. Moffatt, Thomas, Barrett, Rock & Fields, Chartered, Boise, attorneys for respondents, Pioneer Irrigation District and Settlers Irrigation District. Scott L. Campbell argued. S...
• Judge Panel: Name SCHROEDER, Chief Justice
• Case Date: March 09, 2007
• Court: Supreme Court of Idaho

Page 610

157 P.3d 610 (Idaho 2007)

144 Idaho 116

In re SRBA Case No. 39576 (Subcase 91-63) re Ownership of Water Rights.

Gene F. BRAY, Thomas R. Stuart, III, Thomas J. Cade, Amy Williams, Appellants-Cross Respondents,

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, Boise Project Board of Control, New York Irrigation District, Wilder Irrigation District, Boise-Kuna Irrigation District, Big Bend Irrigation District, Respondents-Cross Appellants.

No. 31794.

Supreme Court of Idaho, Boise

March 9, 2007

Page 611

[144 Idaho 117] Laurence "Laird" J. Lucas, Boise; Sara Denniston Eddie, Boise, attorneys for appellant. Laurence "Laird" J. Lucas argued.

Moffatt, Thomas, Barrett, Rock & Fields, Chartered, Boise, attorneys for respondents, Pioneer Irrigation District and Settlers Irrigation District. Scott L. Campbell argued.

Stoppello & Kiser, Boise, attorneys for respondents-cross appellants Farmers Union Ditch Company, Canyon County Water Company, Middleton Irrigation Association, and Middleton Mill Ditch Company. Jerry A. Kiser argued.

Ringert Clark Chartered, Boise, attorneys for respondents-cross appellants Ballentyne Ditch Company, Boise Valley Irrigation Ditch Co., Eagle Island Water Users Association, Eureka Water Co., Farmers Cooperative Ditch Co., Nampa & Meridian Irrigation District, New Dry Creek Ditch Company, South Boise Water Company and Thurman Mill Ditch Co.

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.

SCHROEDER, Chief Justice.

This is a companion appeal to United States of America v. Pioneer Irrigation Dist., --- Idaho ----, 157 P.3d 600 , 2007 WL 703701, No. 31790, slip op. (March 9, 2007)

Page 612

[144 Idaho 118] II.

FACTUAL AND PROCEDURAL BACKGROUND

This case commenced when the United States Bureau of Reclamation (BOR or United States) 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 Boise Project). These three projects were authorized and developed pursuant to the Reclamation Act of 1902 and its subsequent amendments. Several irrigation entities have contracts with the BOR for the storage and delivery of the project water and filed separate claims to the same water...