Bruce Byron Bedke and Jared K. Bedke v. City of Oakley

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED MARCH 18, 2010, IS HEREBY WITHDRAWN

HORTON, Justice.

This is a consolidated appeal from the Snake River Basin Adjudication (SRBA) district court’s orders disallowing Bruce and Jared Bedkes’ claimed water rights and awarding the City of Oakley (the City) attorney fees. We affirm and award the City attorney fees and costs on appeal.

I. FACTUAL AND PROCEDURAL BACKGROUND

Up until 1991, the Bedkes used water from the City’s pipeline and paid for such use. In 1991, the pipeline was cut and capped by the City below the Bedkes’ property and a new…