McAtee v. Faulkner Land & Livestock, Inc.

SUBSTITUTE OPINION

The Court’s prior opinion, dated August 3, 1987, is hereby withdrawn.

BURNETT, Judge.

This appeal comes to us from a judgment confirming the ownership of a decreed water right in an Idaho stream. The district court rejected a claim that the decreed right had been abandoned or forfeited. On appeal we are asked to decide (1) whether the district judge’s decision was contrary to the evidence; (2) whether the judge abused his discretion in limiting the scope of rebuttal testimony and in failing to consult with another judge who had viewed the premises; and (3) whether the court…