State v. United States

KIDWELL, Justice.

This Court granted permissive appeal from an interlocutory order of the Snake River Basin Adjudication (SRBA) district court. The SRBA court denied the motion of certain irrigation districts and canal companies to file a late response and granted in part their motion to participate in the subcase. We affirm. The SRBA court also held that diversion was not required to perfect the water right the United States claimed under Idaho’s constitutional method of appropriation. We reverse, holding that the United States may not utilize Idaho’s constitutional method of appropriation to…