City of Pocatello v. Idaho

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED JANUARY 5, 2012 IS HEREBY WITHDRAWN.

EISMANN, Justice.

This is an appeal from the decision of the district court in the Snake River Basin Adjudication holding: (a) that Pocatello cannot use its wells as alternate points of diversion for its surface water rights; (b) that it can use its interconnected wells as alternate points of diversion for all of the associated water rights on the condition that doing so will not change the priority date and quantity of water that can be pumped from each well; (c) that one groundwater right was properly…