Kunz v. Utah Power & Light Co.

PART I. INTRODUCTION

THE CHALLENGE TO CERTIFICATION

The circuit court panel has presented this Court with the opportunity to review the two lines of Idaho cases which involve the release of retained water and respond with what we perceive to be the case law precedent applicable to the circumstances here presented. These circumstances appear to be almost identical to those presented in Kunz I, 526 F.2d 500 (9th Cir.1975), to the Honorable Ray McNichols, Chief Judge of the United States District Court for Idaho, and in turn to the circuit court panel.

When Kunz II was at the trial court level,…