Idaho Power Co. v. Idaho Department of Water Resources
Idaho Supreme Court
1Opinion of the Court
J. JONES, Justice.
The Idaho Department of Water Resources (Department) appeals an order of the district court requiring the Department to strike a term condition from a hydropower water right license issued to Idaho Power Company. We reverse.
I
Factual and Procedural Background
On December 24, 1975, Idaho Power Company filed an application with the Department for a permit to divert and use 5000 efs of water for hydropower generation purposes at its Brownlee Dam facility. 1 The Department approved the application on January 29,1976, and issued permit no. 03-7018. The permit required Idaho Power…
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