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North Snake Ground Water District V. the Idaho Dept of Water Resources

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North Snake Ground Water District V. the Idaho Dept of Water Resources UIdaho Law Digital Commons @ UIdaho Law Idaho Supreme Court Records & Briefs 11-5-2015 North Snake Ground Water District v. The dI aho Dept of Water Resources Clerk's Record Dckt. 43564 Follow this and additional works at: https://digitalcommons.law.uidaho.edu/ idaho_supreme_court_record_briefs Recommended Citation "North Snake Ground Water District v. The dI aho Dept of Water Resources Clerk's Record Dckt. 43564" (2015). Idaho Supreme Court Records & Briefs. 5847. https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/5847 This Court Document is brought to you for free and open access by Digital Commons @ UIdaho Law. It has been accepted for inclusion in Idaho Supreme Court Records & Briefs by an authorized administrator of Digital Commons @ UIdaho Law. For more information, please contact [email protected]. IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF GOODING IN THE MATTER OF APPLICATION ) FOR PERMIT NO. 36-16976 IN THE ) NAME OF NORTH SNAKE ) GROUND WATER DISTRICT, ) ET AL ) ) ) Supreme Court ) Docket No. 43564 RANGEN, INC., ) ) Gooding County Case No. Intervenor-Appellant, ) CV-2015-83 vs. ) ) THE IDAHO DEPARTMENT OF ) WATER RESOURCES and GARY ) SPACKMAN, in his capacity as ) Director of the Idaho Department of ) Water Resources, ) ) Respondents-Respondents, ) ) vs. ) ) NORTH SNAKE GROUND WATER ) DISTRICT, MAGIC VALLEY ) GROUND WATER DISTRICT and ) SOUTHWEST IRRIGATION ) DISTRICT, ) ) Petitioners-Respondents. ) TITLE PAGE. CV-2015-83.Supreme Court Docket No. 43564 CLERK'S RECORD ON APPEAL Appeal from the District Court of the Fifth Judicial District of the State of Idaho, in and for the County of Gooding. Honorable Eric J. \Vildman Presiding Judge APPEARANCES J. Justin Rvlay, May, Browning & May, 1419 W. Washington, Boise, Idaho, 83702, appearing for Intervenor-Appellant, Rangen, Inc. Fritz X. Haemmerle, Haemrnerle Law, PLLC, PO Box 1800, Hailey, Idaho, 83333, appearing for Intervenor-Appellant, Rangen, Inc. Robyn M. Brody, Brody Law Office, PLLC, PO Box 554, Rupert, Idaho, 83350, appearing for Intervenor-Appellant, Rangen, lnc. Garrick L. Baxter, Deputy Attorney General, Idaho Department of Water Resources, PO Box 83720, Boise, Idaho, 83720-0098, appearing for Respondents-Respondents, Idaho Department of Water Resources and Gary Spackman. Randall C. Budge, Thomas J. Budge, Racine Olson Nye Budge & Bailey Chartered, PO Box 1391, Pocatello, Idaho, 83204-1391, appearing for Petitioners-Respondents, North Snake Ground Water District, Magic Valley Ground Water District and Southwest Irrigation District. TI'ILE PAGE. CV~2015-83.Supreme Court Docket No. 43564 2 SUBCASE SUMMARY REPORT Page I of2 01 SUBCASE SUMMARY REPORT 00-80037 Return to SRBA Horne Page Return to SRBA fWATRS Repo1ts ~!l :.:L-83-20:S STJBCASE: 00-80037 FILE#: 80C37 CLAIW\NT: NORTH SNlU(E GROUND WATER DISTRICT ocooo S'2'ATCS: XCG:t-:3~:r'i' ENTERED S?ECIAL Y_AS'::'E,';: wr:.C)H\.N, ER:c: ,J WNIER SOl:RCE: ISEUES: C **** PARTIES INVOLVED**** NORTH SN!\XE GROUND WATER C ATTY: THOMAS J BUDGE ~ A'I'TY: RANDALL '- BUDGE I:JJlliO DE?F.RT':C-lEt~'.::' 05' WA'.:'EEl 0 A?TY: GAR.";!.ICK L BA... X'.:?ER :s._~.:;~N =NC 0 ]:~':'T::': J :i:::sr=)J tti'\":: " A7'I"'.:': ROBYN M 3?.0DY " ATTY: FRITZ X HAEMMERLE M.l\GIC VALLEY GROUND WA'I'ER 0 ATTY: THOMAS J BUDGE ATTY: RANDALL C BUDGE SOUTHWEST IRRIG2\TI0N DISTR () ATTY: THOMAS J BUDGE l'~TT!: RA11DA'.L:S C BUDGE **** ROA ENTRIES**** 03-05- C1 5 PE=:'I':'Imi FOR 0JDIC:A..;.. :S.EVIZW 03-05- 01-5 NQ':_'lCE CE' REASSIGNMENT 03-05- 015 PROCEDURAL ORDER GOVEBNING :UDICIAL REVIEW OF FINAL ORDER OF DIRECTOR OF IDAHO DEPARTMENT OF WATER RESOURCES SETTLED RECORD &~D TRANSCRIPT TO BE W/CODRT :BY: 4/16/15 ZB 04-16-2015 QSOO 03-C.';,-2015 O?Ji..:::.: ARGUMENT: 7/20/15 HH 07··20-20:.5 0130 ::icr:cE OF Ai?P3:A,'{.]\l~CS C? ::c:JNSE:::_ {FA.X) NJ".:'ICE CF ~ODGING AGEKCY RECOR;) AKO 'IRl;r~SC:S.IP'!' WI'I'H THE AGENCY 02-27···2015 ORDER TREATING Al?PEA.Rl'u"JCE FtS MOTION TO INTERVENE AND GRAN'l1ING SAME 04-02-2015 SECOND NOTICE OF CORRECTED CAPTION 04---06-2015 ORDER ON NOTICE OF CORRECTED CAPTION ( FAX) ORDER SE'l"l'l,ING '1:'HE AGENCY RECORD &ND TRANSCR:::.!?T =-"=-"'-""-" ~cT:::::c~ CiF LO")GING THE SET':::'LEL ASEt~CY RECCR:) AND TRA.t.JSCR:::P':' WI':'H THE DISTIUCT c:.cc:s.r °":'--:'":'--"'~" LCDGED: DISTR:CTS OPENING BRIEF JOINT MOTION mm STTPUlJ'1-7:-CON FVR EXTENSION MF 06-05-201-5 OF TL'1E 1'0 FILE RESPONSE BRIEFS 06-05-2015 AFFIDAVIT OF EMMI L BLADES IN SUPPORT OF JOINT NOTION AND S'!.IPULA'l'ION FOR EXTENSION CF TIME TO FILE RESPONSE BRIEFS ;)6-1; -.2C:1:", CRDER ON STI?t.::.Al'IGN FCR EXTE:i.SIO:J CF 1'IM3:: '?:J Fll..E F3SPONSE BRI3FS RESPCNS3 ERIBF'S 0t::E: 06/23/15 http://I 64.165.134.61/S0080037XX.H1M 11/3/2015 SUBCASE SUMMARY REPORT Page 2 of2 c,c-23-·2(,i''. 5 I.,ODG.:!:0: :8...Zl.NGEN INCS RESPONS'.:'.'. BR::::.EF 86-23-28"': 5 :,J.cGE;): .RESPCNDE:K':'S BRIEF C'L ... ::-20~ 5 DIS'I:;<..IC':'S RE?LY I·O IDWR A'>JD H.1Ll\JGE1'; 07-15 ·20::..S C7-2G-2Jl5 HEAR:::NG HE::'..,D EH 07-20·2015 0130 07-20-2015 MINU'I'ES MEMOR&"trnJM DECISION AND ORDEaR FINAL JUDGMENT ENTERED SB 09-18-2015 =-"'-'--== NOTICE OF APPEAL 09-·17-2015 10-30-2015 NC'I.ICE OF LODGING Return to SRBA IWA TRS Reports Retum to SRBA Home Page http://164.l65. l34.6l/S0080037XXJUM 11/3/2015 ~ District Court ~ SABA I Fifth Judicial District 1 In Re: Administrative Appeals 'I County of Twin Falls· State of Idaho IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF GOODING ) RE: PETITIONS FOR JUDICIAL ) REVIEW OR ACTIONS FOR ) CASE NO. CV 2015-83 DECLARATORY RELIEF OF ) DECISIONS FROM THE IDAHO ) NOTICE OF REASSIGNMENT DEPARTMENT OF WATER ) RESOURCES ) WHEREAS Idaho Supreme Cowt Administrative Order dated December 9, 2009, declares that all petitions for judicial review made pursuant to I.C. § 42-l 701A of any decisior. from the Department of Water Resources be assigned to the presiding judge of the Snake River Basin Adjudication District Cowt of the Fifth Judicial District, and WHEREAS Idaho Supreme Cowt Administrative Order dated December 9, 2009, vests in the Snake River Basin Adjudication District Cowt the authority to adopt procedural rules necessary to implement said Order, and WHEREAS on July 1, 2010, the Snake River Basin Adjudication District Cowt issued an Administrative Order regarding the Rule of Procedure Governing Petitions for Judicial Review or Actions for Declaratory Relief of Decisions from the Idaho Department of Water Resources. THEREFORE THE FOLLOWING ARE HEREBY ORDERED: 1. The above-matter is hereby assigned to the presiding judge of the Snake River Basin Adjudication District Cowt of the Fifth Judicial District for disposition and further proceedings. 2. All further documents filed or otherwise submitted in this matter, and all further filing fees filed or otherwise submitted in this matter, shall be filed with the Snake River Basin Adjudication District Cowt of the Fifth Judicial District at P.O. Box 2707, Twin Falls, Idaho NOTICE OF REASSIGNMENT • I - 83303-2707, provided that checks representing further filing fees shall be made payable to the county where the original petition for judicial review or action for declaratory judgment was filed. DATED this, 5th day ofMarch,2015 CLERK OF THE DISTRICT COURT Q au?.~~'iJ~Deputy Clerk o: NOTICE OF REASSIGNMENT - 2. CERTIFICATE OF MAILING/DELIVERY I hereby certify that on March 5, 2015 a true and correct copy of the notice of reassignment was served by placing in courthouse box, U.S. Mail or Fax to the following: Thomas J Budge Racine, Olson, Nye, Budge & Bailey P.O. Box 1391 Pocatello, Idaho 83204 SRBA [email protected] ~·uth Petruzzelli Deputy Clerk Randall C. Budge (ISB# 1949) Thomas J. Budge (ISB# 7 465) RACINE OLSON NYE BUDGE & BAILEY, CHARTERED 201 E. Center St./ P.O. Box 1391 Pocatello, Idaho 8 3 2 04 (208) 232-6101-phone (208) 232-6109-fa.x [email protected] [email protected] Attorneys for the Districts DISTRICTCOURTOFTHESTATEOFIDAHO FIFTH JUDICIAL DISTRICT GOODING COUNTY IDAHO GROUND WATER AP­ PROPRIATORS, INC., Case No.CV-MIS · 02 Petitioner, vs. IDAHO DEPARTMENT OF WA­ TER RESOURCES, and GARY PETITION FOR SPACKMAN in his capacity as the JUDICIAL REVIEW Director of the Idaho Department of Water Resources. Respondents. IN THE MATTER OF APPLICA­ Fee CategoryL.3: $221.00 TION FOR PERMIT NO. 36-16976 IN THE NAME OF NORTH SNAKE GROUND WATER DIS­ TRICT, ET AL. North Snake Ground Water District, Magic Valley Ground Water Dis­ trict, and Southwest Irrigation District (collectively, the "Districts") submit this petition for judicial review pursuant to Idaho Code § § 42 M 170 lA and 67-5270 and Rule 84 of the Idaho Rules of Civil Procedure. Petition for Judicial Review-1 1. This petition requests judicial review of the Final Order Denying Ap­ plication issued by the Director of Idaho Department of Water Resources (IDWR) on February 6, 2015, In the Matter ofApplication for Permit No. 36- 16976 in the Name ofNorth Snake Ground Water District, tt. al. 2. This court is the proper venue under Idaho Code§ 67-5272 be­ cause the water right that is the subject of this action is located in Gooding County, Idaho.1 3. Pursuant to an Administrative Order issued by the Idaho Supreme Court on December 9, 2009, this case should be reassigned to the presid­ ing judge of the Snake River Basin Adjudication (SRBA) district court for further proceedings.
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