A & B Irrigation v. Idaho Dept of Water ResourcesAnnotate this Case
This case concerned the Director (Director) of the Idaho Department of Water Resources' application of the Rules for Conjunctive Management of Surface and Ground Water Resources (CM Rules) in response to a ground water to ground water delivery call filed by the A&B Irrigation District (A&B). The Director’s Final Order found that A&B was not materially injured and was affirmed by the district court on nearly all points. A&B appealed to the Supreme Court, contending that the Director and the district court erred in their analyses. The City of Pocatello and the Idaho Ground Water Appropriators, Inc. cross-appealed alleging that the district court erred by requiring that the Director's finding of no material injury must be supported by clear and convincing evidence, rather than a preponderance of the evidence. Upon review of the matter, the Supreme Court affirmed the decision of the district court.