City of Blackfoot v. Gary Spackman
Idaho Supreme Court
1Opinion of the Court
BURDICK, Chief Justice.
The Bingham County District Court affirmed a ruling by the Idaho Department of Water Resources (IDWR or Department) denying the City of Blackfoot’s (City) application for a water right, Application for Permit No. 27-12261 (12261), to be offset by mitigation through another water right, Water Right No. 01-181C (181C). The district court ruled that the Department was correct in ruling that 181C could not be used for groundwater recharge without an approved transfer application and could not be used as mitigation for 12261 until such transfer was approved. The City appeals…
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