State, Dept. of Parks v. IDAHO DEPT, WATER ADMIN.

(concurring specially) :

I concur in the result reached by Chief Justice Shepard in his plurality opinion, although not necessarily everything stated therein. Additionally, I wish to address in a different manner the question of whether or not the preservation of the waters of Malad Canyon in a natural state is a beneficial use that may be appropriated without the means of a diversion. (Parts II and III of that opinion).

The first question to be considered is whether any uses other than the uses referred to in Article 15, § 3, of the Idaho Constitution — domestic, mining, agricultural and…