Nelson v. Big Lost River Irrigation District, 148 Idaho 157

Summary

The Idaho Supreme Court affirmed a judgment requiring the Big Lost River Irrigation District to allocate conveyance losses from storage water using a universal shrink method. The court held that a 1936 decree did not require allocation by river reach and that the Idaho Department of Water Resources rule governing watermaster accounting did not control the District's allocation among its water users.

Holdings

1. The 1936 decree did not require conveyance losses from the district's storage water to be apportioned by river reach and therefore did not restrict the district from using the universal shrink method.
2. The universal shrink method is lawful because conveyance loss is a cost of delivering storage water, and the irrigation district may allocate that cost proportionately among the district's storage-water users.
3. No party was entitled to attorney fees on appeal, although respondents were awarded costs.

Questions Presented

1. Whether the 1936 decree limited the irrigation district's discretion to allocate conveyance losses using the universal shrink method.
2. Whether the universal shrink method of allocating conveyance losses among the irrigation district's storage-water users was lawful.
3. Whether any party was entitled to attorney fees on appeal.

Disposition

affirmed