McInturff v. Shippy (In Re Csrba Case No. 49576, Subcase No. 91-7094. )

While I concur in Part A of the majority's analysis, I believe that the water right's language created an ambiguity.

The majority concludes that the district court did not err in finding the license unambiguous. However, in reviewing the record, even the Director of IDWR-who is charged with investigating claims and interpreting the Department's licenses-could not determine to whom the right belonged. As a result, the Director's Report recommended that it be decreed to both parties. Yet the district court found the license unambiguous even though the "IDWR Director's Report constitutes prima…