State ex rel. Higginson v. United States

AMENDED OPINION

THE COURT’S PRIOR OPINION DATED JUNE 23, 1995 IS HEREBY WITHDRAWN

McDEVITT, Chief Justice.

I

BACKGROUND AND PRIOR PROCEEDINGS

This case presents no disputed facts. As explained in In re Snake River Basin Water Sys., 115 Idaho 1, 764 P.2d 78 (1988), cert. denied, 490 U.S. 1005, 109 S.Ct. 1639, 104 L.Ed.2d 155 (1989), the Legislature, in response to the Swan Falls controversy, enacted H.B. 70 and H.B. 267 establishing a general adjudication of the water rights on the Snake River Basin. H.B. 70, 267, 1985 Idaho Sess.Laws Ch. 18, pp. 27-31; Ch. 118, pp. 286-88. In 1986, prior to the…