United States v. Hagerman Water Right Owners, Inc.

SCHROEDER, Justice.

The State of Idaho appeals from the district court’s decision adopting a special master’s recommendation to reject part of the Director’s Report related to twenty-four (24) subcases in Basin 36 1 and holding that previously decreed water rights may not be reduced on the basis of current non-application to beneficial use absent a showing of abandonment, forfeiture, adverse possession or estoppel and that the Director is obligated to accept prior decrees as conclusive proof of the nature of a water right.

I

BACKGROUND AND PRIOR PROCEEDINGS

The twenty-four (24) subcases at issue…