Idaho Department of Parks v. Idaho Department of Water Administration

96 Idaho 440, 530 P.2d 924 (1974)

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Idaho Department of Parks v. Idaho Department of Water Administration

Idaho Supreme Court
96 Idaho 440, 530 P.2d 924 (1974)

Facts

The Idaho legislature enacted a law directing the Idaho Department of Parks (the parks department) (plaintiff) to appropriate all unappropriated natural water in Malad Canyon to use for recreational and aesthetic purposes for the public’s benefit. The law declared that the recreational and aesthetic use of the water constituted beneficial use. The parks department applied to the Idaho Department of Water Administration (the water department) (defendant) for a permit to appropriate the as-yet-unappropriated Malad Canyon water, and the permit application was objected to by various water users (defendants). The water department agreed that recreational and aesthetic uses were beneficial, but because there was no proposed physical diversion of the water, there could be no established appropriative water rights, and therefore, the water department refused to grant the permit. The parks department appealed to the district court, which held that the proposed use was beneficial and established an appropriative water right in favor of the parks department. The water department and the water users appealed to the Idaho Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Shepard, C.J.)

Concurrence (Bakes, J.)

Dissent (McFadden, J.)

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