Hardy v. Higginson

REINHARDT, Justice Pro Tern.

Earl Hardy (Hardy) appeals the appellate decision of the district court which affirmed in part the decision of the Director of the Idaho Department of Water Resources (IDWR) allowing Hardy to amend his two existing water permits. Affirmed in part and remanded for further findings.

The facts of this case are not in dispute. Hardy holds two water permits to divert water from Box Canyon Creek to Blind Canyon for the purpose of fish propagation. The first permit, NO. 36-7091, was granted in 1971 and established a single point of diversion for 300 c.f.s. The second…