Lu Ranching Co. v. United States of America Claim to instream water rights on federal rangeland and determining the priorty dates of those water rights

State: Idaho

Court: Supreme Court

Docket No: 31994

Case Date: 02/09/2007

Plaintiff: Lu Ranching Co.

Defendant: United States of America Claim to instream water rights on federal rangeland and determining the pr

Preview:IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 31994 IN RE: SRBA CASE NO. 39576 (SUBCASE NUMBERS 55-10288B, 55-10289B, 55-10290B, 55-10292B, 55-10293B, 55-10295B, 55-10296, 55-10297B, 55-55-10298, 55-10299B, 55-10300, 55-10301B, 55-10303B, 55-13451, 55-13846 AND 55-13844.) _______________________________________ LU RANCHING CO., Appellant-Cross Respondent, v. UNITED STATES OF AMERICA, Respondent-Cross Appellant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Twin Falls, November 2006 Term 2007 Opinion No. 24 Filed: February 9, 2007 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Fifth Judicial District of the State of Idaho, in and for Twin Falls County. The Hon. John M. Melanson, District Judge. The judgment is affirmed in part, vacated in part, and remanded for further proceedings. McQuaid Bedford & Van Zandt LLP, San Francisco, California, and Roger D. Ling, Rupert, counsel for appellant. Elizabeth Ewens argued. United States Department of Justice for respondent. Elizabeth Ann Peterson argued.

EISMANN, Justice. This is an appeal from a judgment upholding LU Ranching Company's claim to instream water rights on federal rangeland for watering livestock and determining the priority dates of those water rights. The district court also denied Lu Ranching Company's request for an award of attorney fees. We affirm the district court's holding that LU Ranching Company has instream

water rights, vacate its determination of priority, and remand for a redetermination of the priority dates of such rights.

I. FACTS AND PROCEDURAL HISTORY LU Ranching Company (LU Ranching) is a corporation that has a cattle operation located in Owyhee County, Idaho. It owns approximately 5,000 acres of land that it purchased in 1976. LU Ranching's predecessors had over the years acquired smaller ranches in order to accumulate holdings totaling 5,000 acres. When LU Ranching purchased its real property, it also acquired grazing rights located on three allotments pursuant to the Taylor Grazing Act, 43 U.S.C.

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