Pioneer Irrigation District v. City of Caldwell

SUBSTITUTE OPINION, THE COURT’S PRIOR OPINION DATED APRIL 27, 2012 IS HEREBY WITHDRAWN

HORTON, Justice.

In 2008, Pioneer Irrigation District (Pioneer) filed suit against the City of Caldwell (the City), seeking declaratory and injunctive relief, as well as the removal of urban storm-water discharge conduits constructed by the City without Pioneer’s authorization. The district court granted summary judgment in favor of Pioneer. The court held that Pioneer held exclusive interests in its irrigation easements and rights-of-way such that Pioneer could maintain trespass claims against the City. The…