Fremont-Madison Irrigation District & Mitigation Group v. Idaho Ground Water Appropriators, Inc.

SCHROEDER, Justice.

I

BACKGROUND AND PRIOR PROCEEDINGS

This case addresses the constitutionality of statutes relating to the Snake River basin adjudication (SRBA), which are collectively referred to as the “amnesty statutes.” I.C. §§ 42-1425, 42-1426, & 42-1427 (Supp.1995). The facts are not in dispute. Some back ground concerning the methods of perfecting water rights and the elements of those water rights is helpful in understanding the present dispute.

The constitution of Idaho as ratified in 1889 contained several sections relating to water. The Idaho Constitution, Article XV, Section 8, as…