Fremont-Madison Irr. Dist. and Mitigation Group v. Idaho Ground Water Appropriators, Inc., FREMONT-MADISON

Citation926 P.2d 1301,129 Idaho 454
Decision Date02 October 1996
Docket Number22355,FREMONT-MADISON,Nos. 22354,s. 22354
CourtUnited States State Supreme Court of Idaho
PartiesIn re SRBA CASE NO. 39576.IRRIGATION DISTRICT AND MITIGATION GROUP, and Pioneer Irrigation District and Sinclair Oil Corporation dba Sun Valley Company, Appellants-Cross Respondents, v. IDAHO GROUND WATER APPROPRIATORS, INC., and The State of Idaho, Respondents-Cross Appellants, and The United States, Certain Upper Valley Irrigators, Big Lost River Water Users Association, Idaho Conservation Groups, J.R. Simplot Company, A & B Irrigation District, Falls Irrigation District, Burley Irrigation District, Aberdeen-Springfield Canal Company, Boise-Kuna Irrigation District, New York Irrigation District, Wilder Irrigation District, Nampa & Meridian Irrigation District, Grindstone Butte Mutual Canal Company, Rim View Trout Company and Farm Development Corporation, Respondents-Cross Respondents. Boise, January 1996 Term

Elam & Burke, P.A., Boise, for appellants, Pioneer, et al. Scott L. Campbell argued.

Rigby, Thatcher, Andrus, Rigby, Kam and Moeller, Chtd., Rexburg, for appellant, Fremont-Madison Irrigation District. Jerry R. Rigby argued.

Alan G. Lance, Attorney General; Clive J. Strong, Deputy Attorney General (argued); David J. Barber, Deputy Attorney General, Boise, for respondent, State of Idaho.

Givens, Pursley and Huntley LLP, Boise, for respondent, Idaho Ground Water Appropriators, Inc. Jeffrey C. Fereday argued.

Betty H. Richardson, U.S. Attorney, Boise; William B. Lazarus (argued), Department of Justice, Washington DC, for respondent, U.S.A.

SCHROEDER, Justice.

I. BACKGROUND AND PRIOR PROCEEDINGS

This case addresses the constitutionality of statutes relating to the Snake River basin adjudication (SRBA), which are collectively referred to as the "amnesty statutes." I.C. §§ 42-1425, 42-1426, & 42-1427 (Supp.1995). The facts are not in dispute. Some background The constitution of Idaho as ratified in 1889 contained several sections relating to water. The Idaho Constitution, Article XV, Section 3, as amended in 1928, states that, "The right to divert and appropriate the unappropriated waters of any natural stream to beneficial uses, shall never be denied, except that the state may regulate and limit the use thereof for power purposes." Prior to adoption of a mandatory permit system in 1971 this constitutional declaration was construed as authorizing a person to appropriate the water of a stream simply by "actually diverting the water and applying it to a beneficial use." Sand Point Water & Light Co. v. Panhandle Dev. Co., 11 Idaho 405, 413, 83 P. 347, 349 (1905). This is referred to as the constitutional method of appropriation.

concerning the methods of perfecting water rights and the elements of those water rights is helpful in understanding the present dispute.

As early as 1881 a statutory procedure for appropriating water was adopted, providing that a person intending to appropriate water should post a notice at the point of diversion and record the same. See Hutchins, The Idaho Law of Water Rights, 5 Idaho L.Rev. 1 (1968). In 1903 the legislature adopted procedures which entailed an application to the State Department of Reclamation (currently the Department of Water Resources) for a permit and fulfillment of the requirements of the permit. See I.C. § 42-201. Until 1971 Idaho recognized two methods of appropriating water of the state both of which were equally valid: the statutory method of appropriation and the constitutional method of appropriation. "A person desiring to appropriate the waters of a stream may do so, either by actually diverting the water and applying it to beneficial use, or he may pursue the statutory method by posting and recording his notice, and commencing and prosecuting his work within the statutory time." Nielson v. Parker, 19 Idaho 727, 731, 115 P. 488, 489 (1911) (quoting Sand Point Water & Light Co. 11 Idaho 405, 413, 83 P. 347, 349). It was this Court's view that legislation which provided for a specific method of appropriating water did not thereby set up an exclusive method of appropriation. Id.

Section 42-201 of the Idaho Code was changed in 1971 to require a mandatory permit system. See 1971 Idaho Session Laws, ch. 177 at 843. An appropriator whose right was based upon a valid, although unadjudicated, constitutional method of appropriation retained a senior claim in relation to a person holding a later issued permit. R.T. Nahas Co. v. Hulet, 114 Idaho 23, 26, 752 P.2d 625, 628 (Ct.App.1988). Nevertheless, those rights acquired by the constitutional method through diversion and appropriation to beneficial use prior to 1971 remain valid, I.C. §§ 42-103, -201, so long as any alleged water right has been duly registered with the Idaho Department of Water Resources consistent with I.C. § 42-243 (1990). Failure to have registered a constitutional use waived any entitlement to the use of water unless a claim for that right was filed in the SRBA as required by I.C. § 42-245 (Supp.1994).

The Idaho Legislature enacted statutes requiring the adjudication of the entire Snake River and all of its tributaries, commencing the SRBA on November 19, 1987. The historical development and procedural framework of the SRBA has been thoroughly set forth in In re SRBA Case No. 39576, 128 Idaho 246, 912 P.2d 614 (1995).

In 1985 the legislature provided presumptions relevant to the SRBA adjudication. Section 42-1416 of the Idaho Code (1985), provided in pertinent part, "Expansion of the use after acquisition of a valid unadjudicated water right in violation of the mandatory permit requirements shall be presumed to be valid and to have created a water right with a priority date as of the completion of the expansion, in the absence of injury to other appropriators." I.C. § 42-1416(2) (repealed 1994). Section 42-1416 of the Idaho Code was an attempt to provide "amnesty" for illegal expansions. Four years later the legislature enacted an accomplished transfer statute, I.C. § 42-1416A, which permitted users who had undertaken transfers of water rights without compliance with the statutory provisions of I.C. § 42-222 to have the transfer confirmed in the course of the general SRBA adjudication. I.C. § 42-1416A (repealed 1994).

On February 4, 1994, the district court declared the "presumption" statute, I.C. § 42-1416, and the "accomplished transfer" statute, I.C. § 42-1416A, unconstitutional. In response the legislature repealed I.C. §§ 42-1416 and 42-1416A and enacted the "amnesty statutes" at issue in this case. Statement of Purpose RS 03976C2; See 1994 Session Laws, ch. 454, § 24. According to the Statement of Purpose, the new legislation was tailored to protect the "status quo water use by some water users who had failed to follow the statutory procedure for development of some of their water uses." The new legislation was designed to protect "the water uses originally intended to be protected by the 'presumption' and 'accomplished transfer' statute" and "significant investments by water users and tax base for local governments by helping to maintain status quo water uses." Id.

II. STANDARD OF REVIEW

The constitutionality of statutes enacted by the legislature is a question of law. City of Sun Valley v. Sun Valley Co., 128 Idaho 219, 221, 912 P.2d 106, 108 (1996). When a statute or constitutional provision is clear, the Court must follow the law as written, and when the language is unambiguous there is no occasion for the application of the rules of construction. Sweeney v. Otter, 119 Idaho 135, 804 P.2d 308 (1990) 1. When facts are stipulated in the lower court, this Court reviews only the district court's conclusions of law, and this Court exercises free review over those decisions. Linn v. North Idaho Dist. Medical Serv. Bureau, 102 Idaho 679, 689, 638 P.2d 876, 886 (1981). The district court's ruling on the constitutionality of the SRBA statutes, enacted pursuant to Article V, Section 13, will be reviewed de novo.

III.

IDAHO CODE SECTION 42-1425 IS CONSTITUTIONAL AS WRITTEN.

SECTION 42-1425 OF THE IDAHO CODE2 is entitled "Accomplished transfers" and addresses Section 42-1425(2) of the Idaho Code provides for a transfer of an existing water right for any change made prior to the date of commencement of the SRBA, regardless of compliance with sections 42-108 and 42-222, "provided no other water rights existing on the date of the change were injured and the change did not result in an enlargement of the original right." I.C. § 42-1425(2). Therefore, two limitations exist for an accomplished transfer: (1) there must be no injury to other water rights existing on the date of the change, and (2) the transfer cannot constitute an "enlargement" of the original right. I.C. § 42-1425(2).

a change in the place of use, purpose of use, point of diversion, nature of use or period of use of an existing water right. I.C. § 42-1425(2) (Supp.1995). The purpose of I.C. § 42-1425 is to streamline the adjudication process by providing a substitute for the transfer process required by I.C. § 42-222 and to protect existing water uses which were the result of past transfers, regardless of compliance with statutory mandates.

Section 42-1425 of the Idaho Code does not define enlargement. The district court viewed the absence of such a definition as raising an issue as to whether the statute was constitutionally void for vagueness on its face. In resolving this issue, the district court applied a "core meaning" analysis to determine whether a person of reasonable intelligence can discern the meaning of the term "enlargement" as used in the amnesty statutes. A non-criminal statute is not unconstitutionally vague where its terms are such that an ordinary person exercising common sense can sufficiently understand and fulfill its proscriptions. Allen v. Lewis-Clark State College, 105 Idaho 447, 455, 670 P.2d 854, 862 (1983).

In an effort to discern the meaning of enlargement, the district...

To continue reading

Request your trial
15 cases
  • NATION v. State of Wash.
    • United States
    • United States State Supreme Court of Washington
    • 28 d4 Outubro d4 2010
    ...v. Super. Ct. ex rel. County of Maricopa, 193 Ariz. 195, 972 P.2d 179 (1999); Fremont-Madison Irrigation Dist. & Mitigation Group v. Idaho Ground Water Appropriators, Inc., 129 Idaho 454, 926 P.2d 1301 (1996). San Carlos considered a statute that by its plain terms applied to perfected righ......
  • Joyce Livestock Co. v. U.S., 32278.
    • United States
    • United States State Supreme Court of Idaho
    • 9 d5 Fevereiro d5 2007
    ...method of appropriation and the constitutional method of appropriation." Fremont-Madison Irrigation Dist. and Mitigation Group v. Idaho Ground Water Appropriators, Inc., 129 Idaho 454, 456, 926 P.2d 1301, 1303 (1996). In 1971 the legislature amended Idaho Code §§ 42-103 and 42-201 to requir......
  • Moon v. North Idaho Farmers Ass'n, No. 29896
    • United States
    • United States State Supreme Court of Idaho
    • 2 d1 Agosto d1 2004
    ...free review. State v. Cobb, 132 Idaho 195, 197, 969 P.2d 244, 246 (1998); Fremont-Madison Irr. Dist. and Mitigation Group v. Idaho Ground Water Appropriators, Inc., 129 Idaho 454, 926 P.2d 1301 (1996). The party challenging a statute on constitutional grounds bears the burden of establishin......
  • Moon v. North Idaho Farmers Association, Docket No. 29896-29901 (ID 8/2/2004), Docket No. 29896-29901.
    • United States
    • United States State Supreme Court of Idaho
    • 2 d1 Agosto d1 2004
    ...free review. State v. Cobb, 132 Idaho 195, 197, 969 P.2d 244, 246 (1998); Fremont-Madison Irr. Dist. and Mitigation Group v. Idaho Ground Water Appropriators, Inc., 129 Idaho 454, 926 P.2d 1301 (1996). The party challenging a statute on constitutional grounds bears the burden of establishin......
  • Request a trial to view additional results
1 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT