A & B Irrigation District v. State

BURDICK, Chief Justice.

This appeal arises out of the Snake River Basin Adjudication (SRBA) court’s decision on the following basin-wide issue: Does Idaho law require a remark authorizing storage rights to “refill,” under priority, space vacated for flood control? The SRBA court concluded that a remark was not necessary because a storage water right, that is filled cannot refill under priority before affected junior appropriators satisfy their water rights once. The court declined to address when the quantity element of a storage water right is considered filled. Sev.en Magic Valley irrigation…