Bray v. Pioneer Irr. Dist.
| Decision Date | 09 March 2007 |
| Docket Number | No. 31794.,31794. |
| Citation | 157 P.3d 610,144 Idaho 116 |
| Court | Idaho Supreme Court |
| Parties | 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. |
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.
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).
II.
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 rights consistent with their respective uses. The appellants in this case, Bray, et al. describe themselves as "conservation-minded water users and water right claimants in the SRBA" who are "concerned that the Irrigation Entities are trying to sidestep their federal contracts by using the SRBA to obtain ownership of the Boise Project storage water rights."
The Idaho Department of Water Resources (IDWR) recommended 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 which have been resolved in United States of America v. Pioneer Irrigation Dist., No. 31790.
As a companion case to United States v. Pioneer Irrigation Dist., several of the arguments raised by the parties overlap, and the issues determined in United States v. Pioneer Irrigation District, control this case. There are some threshold issues that are not raised in United States of America v. Pioneer Irrigation Dist.
Bray, et al. argues the SRBA court lacked jurisdiction to decree the irrigation entities any equitable interest because jurisdiction of the SRBA court does not extend to addressing contractual disputes between users or other issues relevant to adjudication the elements of the water rights. See In re: SRBA Fort Hall Water Users Assoc. v. U.S., 129 Idaho 39, 41-42, 921 P.2d 739, 741-42 (1996). However the SRBA court and this Court have determined that the right to use of the water is specifically derived from law and is not based exclusively on the contracts between the Bureau of Reclamation and the irrigation organizations. Bray, et al.'s assertion that the SRBA court cannot adjudicate contract disputes is not pertinent here. Further, both the BOR and the irrigation entities filed claims to the same water rights with the SRBA court. All claims arising within the SRBA are within the exclusive jurisdiction of the SRBA. Walker v. Big Lost...
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Mcinturff v. Shippy (In re Csrba Case No. 49576, Subcase No. 91-7094. ), Docket No. 45418
...Irrigation District, any claimant has standing to file an objection or response to a water right reported in the director’s report. 144 Idaho 116, 118, 157 P.3d 610, 612 (2007). Injury is not required to object to a water right. Id. Accordingly, Shippy has standing to object to the McInturf......
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49576, Subcase No. 91-7094. Douglas Mcinturff & Darcy Mcinturff v. Shippy (In re Csrba Case No.)
...Irrigation District, any claimant has standing to file an objection or response to a water right reported in the director's report. 144 Idaho 116, 118, 157 P.3d 610, 612 (2007). Injury is not required to object to a water right. Id. Accordingly, Shippy has standing to object to the McInturf......