Southern Idaho Fish & Game Ass'n v. Picabo Livestock, Inc.

BAKES, Justice.

Plaintiff-respondent Southern Idaho Fish and Game Association, hereinafter respondent, brought a declaratory judgment action to have the court determine the rights of the members of respondent and the members of the public similarly situated, in and to the use of the waters of Silver Creek, and the bed, channels and banks thereof for fishing and recreational uses.

Silver Creek, with its headwaters in Blaine County, is generally known as the stream that is formed where two of its main tributaries — Stocker Creek and Grove Creek- — join together. A short distance downstream from…