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District Court Decisions

The highly complex legal nature of water law issues involved with the Snake River Basin Adjudication has meant that various aspects have been decided by the presiding judge in the SRBA District Court.

Some of the decisions rendered by the SRBA District Court:

SRBA Case No. 39576

• Subcase Nos. 34-00012, 34-00013, 34-02507 and 34-10873, Memorandum Decisions and Order on Challenge[PDF] - April 27, 1999. This decision holds that the place of use description for an irrigation district's water rights cannot extend outside the formal district boundaries.

• Subcase No. 63-25243, Organic Act Claims Consolidated, Memorandum Decision Denying the State of Idaho's Motion for Summary Judgement[PDF] - December 21, 1998.  This decision affords the United States the opportunity to prove the factual necessity of a federal reserved water right for channel maintenance under the Organic Act.  The appeal of this decision is pending before the Idaho Supreme Court.

• Subcase No. 02-10063, Deer Flat Wildlife Refuge Claims Consolidated[PDF], Memorandum Decision Granting State of Idaho's Motion for Summary Judgement - December 31, 1998.  This decision rejects the United States' claim for a federal reserved water right for instream flow to maintain the integrity of islands in the Snake River that are part of a National Wildlife Refuge.   The appeal of this decision is pending before the Idaho Supreme Court.

• Subcase No. 03-10022,  Nez Perce Claims Consolidated.
  1. Scheduling Order[PDF] - February 1, 1999
  2. Order of Mediation and Appointment[PDF] - December 22, 1998.  Appointing Professor Francis McGovern as mediator
  3. Protective Order for Mediation[PDF] - July 21, 1999