Special Special
Cited Decision/NO. Master Citing Decision/NO./Date Master Issue Cited
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In Re SRBA Case No. 39576, Hurlbutt 1. Special Master's Report and Bilyeu Volume Limitation on Combined Use of Multiple
Memorandum Decision Re: Recommendation: Findings of Water Rights
Petition for Preliminary Injunction, Fact and Conclusion of Law
(July 30, 1991) (State v. Dickon). (34-02315) (02/12/99).
2. Special Master's Report and Bilyeu Volume Limitation on Combined Use of Multiple
Recommendation: Findings of Water Rights
Fact and Conclusion of Law
(34-00170 et al.) (02/19/99).
Order Modifying Order Granting Hurlbutt 1. Order Granting Motion to Bilyeu The manner in which a water right is administered
IDWR's Motion for Interim Alter or Amend (34-00470A) under an order of interim administration does not
Administration with Limitations (10/10/97) determine the elements of the water right.
(May 24, 1992)
Order Prohibiting Use of Hurlbutt 1. Order on Motions for Summary Dolan Argued by State for the inadmissibility of expert
Submission by IDWR of Reports Judgment (35-12939 et al.) opinion containing purely legal conclusions about
Regarding Basin-Wide Issue (08/10/98) the intent of Congress.
No. 3 (91-00003) (August 22, 1994)
Memorandum Decision and Order Hurlbutt 1. Order Accepting, in Part, and Hurlbutt Wildlife uses may constitute a beneficial use of
Re: Basin-Wide Issue 12 Denying in Part, Special Master's water.
(April 25, 1995) Report and Recommendation
(36-15452) (10/10/97)
Memorandum Decision and Order 1. Special Master's Report and Bilyeu Decreeing water rights in the SRBA is not a
Re: Basin-Wide Issue 5 Recommendation on Basin- matter of appellate review.
(April 26, 1996) Wide Issue 5B (91-00005B)
(06/28/96)
2. Special Master's Report and Bilyeu The general interconnection of water in the SRBA
Recommendation on Basin- is law of the case.
Wide Issue 5B (91-00005B)
(06/28/96)
3. Order Granting Motion for Dolan Period of use shall be the "irrigation season".
Summary Judgment and
Preliminary Special Master's
Report & Recommendation
(36-00080B et al.) (12/11/96)
4. Special Master's Report Dolan Period of use shall be the "irrigation season".
(36-00033F) (12/12/96)
5. Special Master's Report and Bilyeu Memorandum Decision is law of the case; Although
Recommendation; Findings of decision is general recognition of interconnect-
Fact and Conclusions of Law edness of water rights, it does not decide
(34-00182 et al.) (02/12/98) interconnectedness for purpose of calls, futile
call doctrine, or injury.
Memorandum Decision in 1. Second Amended Order on Haemmerle Partial forfeiture is not a basis for reducing
Basin-Wide Issue 10 Summary Judgment existing water rights.
(April 26, 1996) (36-00003A et al.)
In Re SRBA, Subcase 34-02395 2. Second Amended Order on Haemmerle In one-party subcases the summary judgment
Order Granting Summary Judgment Summary Judgment standard shall be applied to Director's Report
(April 30, 1996) (36-00003A et al.) recommendation rather than to evidence presented
by an opposing party.
Special Master's Second Amended Haemmerle 1. Special Master's Report and Bilyeu Diversion is required for rights which include
Recommendation Re: Basin-Wide Recommendation; Findings of wildlife as a purpose of use. An intent to use
Issue 12 (91-00012) Fact and Conclusions of Law water for wildlife use is required.
(August 12, 1996) (34-07232) (01/10/97)
2. Order Granting Motion to Alter Bilyeu U.S. must limit its in-stream flow claim to
or Amend (34-02591) (07/30/97) 13,000 gal. per day, but is not subject to the
second limitation in the BWI # 12 decision,
requiring a 24/hr calculation of that flow.
Second Amended Order on Haemmerle 1. Findings of Fact, Conclusions Haemmerle Absent a claim of forfeiture, abandonment,
Summary Judgment (36-00003A) of Law and Order to Submit adverse possession or estoppel, a reduction
(August 13, 1996) Special Master's Recommend. in beneficail use after a water right vests is
(36-04074 et al.) (02/12/97) not a basis upon which the right may be lost or
reduced.
2. Order Granting Summary Bilyeu Disagrees with Haemmerle analysis, and rules that
Judgment in Part; Request for Summary Judgment standards apply to Director's
Additional Briefing (36-00046) Reports; Once presumption afforded Director's
(12/31/96) Report is rebutted, specific facts must be set
forth by affidavit to create material issue of
fact (pp. 4-5).
3. Second Order on Summary Bilyeu Agrees with Haemmerle; "Other purposes" language
Judgment Regarding Priority of New International Decree could only recognize
Date (36-11060) (4/11/97) use for which water had been applied to a
beneficial use at the time of that Decree(pg. 6).
Order Granting Summary Judgment, Bilyeu 1. Special Master's Report and Bilyeu Doctrines of res judicata and collateral estoppel
in Part (Subcases 34-11576 et al.). Recommendation; Findings of do not preclude the United States from asserting
(October 16, 1996) Fact and Conclusions of Law priority dates earlier than March 15, 1923 (U.C.
(34-12540 & 34-12540A) Decree).
01/10/97
2. Special Master's Report and Bilyeu Doctrines of res judicata and collateral estoppel
Recommendation; Findings of do not preclude the United States from asserting
Fact and Conclusions of Law priority dates earlier than March 15, 1923 (U.C.
(34-11568) (03/20/97) Decree).
Saito Brothers v. Weiser Irrigation Hurlbutt 1. Order on Summary Judgment Bilyeu Under the ultravires doctrine an irrigation
Dist., Order Granting Partial (34-10873) (08/18/97) district cannot be compelled, on a contract
Summary Judgment (94-00003) theory, to deliver outside of the district's
(December 17, 1996) boundaries. (Saito Bros. declared as precedent
which must be followed)
In Re SRBA, Order Granting 1. Order on Motion to Alter or Haemmerle When a party relies on the Director's Report,
Summary Judgment in Part, Amend; Order on Summary that party is relieved from offering any facts
Request for Additional Briefing, Judgment; and Order on Motion in support of the summary judgment motion.
(36-00046 et al). to Withdraw Admissions "Giving evidence 'prima face' status confers a
(December 31, 1996) (57-11124 et al.) (03/23/97) presumption that sufficient proof has been made
to prevail on an issue absent competent evidence
to the contrary.
Order on Summary Judgment Haemmerle 1. Findings of Fact, Conclusions Haemmerle Court does not have jurisdiction to decree
(Consumptive Use) (36-00003A) of Law and Order to Submit rebuttable presumptions. Court will not decree
(January 21, 1997) Special Master's Recommend. consumptive use.
(36-04074 et al.) (02/12/97)
2. Special Master's Report and Bilyeu Court lacks jurisdiction to decide a mere
Recommendation; Findings of presumption.
Fact & Conclusions of Law
(34-10563) (03/18/97)
Order on Motion to Alter or Amend; Haemmerle 1. Order on Motion and Cross- Haemmerle Adopts by reference sections IV(A) and (B) of
Order on Summary Judgment; and Motion for Summary Judgment prior decision that Federal law does not prevent
Order on Motion to Withdraw (72-15929C) (02/06/98) appropriation of stock water rights on public
Admissions (57-11124 et al.) domain, and that a water right may be perfected
(March 23, 1997) on federal land by a private party.
Memorandum Decision Hurlbutt 1. Order Granting State's Haemmerle 13,000 Gallons reserved for PWR 107 reserve, same
and Order Re: BWI 12 Motion for Summary as amount determined to serve de minimis water
(May 25, 1997) Judgment (23-10872) rights based on state law in BWI 12.
(03/05/99)
Order on Motion to Alter Haemmerle 1. Order Granting United States' Haemmerle Water rights must be conveyed like any other real
or Amend; Order on Motion Motion for Summary Judgment property right; failure to do so may affect
for Permissive Appeal (55-10288 et al.) (01/08/99) priority date.
(57-04028 et al.) (June 26, 1997)
Order Accepting, in Part, Hurlbutt 1. Order on Motion and Cross- Haemmerle Parties must show a specific interest in order to
Special Master's Report and Motion for Summary Judgment intervene as a matter of right under IRCP 24(a)
Recommendation (36-15452) (October 10, 1997) (72-15929C) (02/06/98)
Special Master's Report Dolan 1. Preliminary Report and Dolan Facility volume is not necessary for definition
36-02356 et al., (Blue Lakes Recommendation and Order or clarification of fish propagation facility
Facility Volume case) (36-025659 et al.) (01/26/98) water rights.
(November 25, 1997)
2. Special Master's Report Dolan Facility volume is not necessary for definition
(36-02659 et al.) (03/03/98) or clarification of fish propagation facility
water rights.
Order on Motion and Cross- Hammerle 1. Order on Motions for Summary Dolan United States does not own a water right simply
Motion for Summary Judgment Judgment (35-12939 et al.) because it manages the public domain.
(72-15929C) (February 6, 1998) (08/10/98)
Order Denying Motion to Alter or Haemmerle 1. Order on Motions for Summary Dolan U.S. must perfect water rights claimed under
Amend (Amended Order on State's Judgment (35-12939 et al.) state law in the same manner as any other
Motion for Summary Judgment) (08/10/98) landowner.
(April 15, 1998) U.S. was entitled to stock water right after
passge of Taylor Grazing Act of 1934.
Supplemental Findings of Fact & Haemmerle 1. Order Granting Motion to Alter Haemmerle Attempt to appeal a provision of a license in a
Conclusions of Law (Facility or Amend (36-08099) (8/20/99) subsequent judicial proceeding, such a the SRBA,
Volume) (36-02048 et al.) (July 31, 1998) is an impermissible collateral attack on license.
Order Denying Challenges and Hurlbutt 1. Order Adopting Special Master's Hurlbutt Incorporates by references the entire cited
Adopting Special Master's Report and Recommendation decision.
Reports and Recommendations and Consolidating Subcases
(57-04028B et al.) (72-11767 et al.) (11/23/98)
(September 30, 1998)
2. Amended Special Master's Dolan The U.S. is not an appropriator of water based
Report (35-12939 et al.) solely on the fact that it issues permits and
(12/01/98) Congress regulates access to water sources;
U.S. is not entitled to stock water rights prior
to June 28, 1934, date the Taylor Grazing Act
was enacted.
Amended Supplemental Findings Haemmerle 1. Order Denying Motion to Haemmerle IDWR & Claimants are bound by previously issued
of Fact and Conclusions of Law Alter or Amend; Order Denying licenses, which will not be disturbed in SRBA.
(Facility Volume) Motion to File Late Objections
(36-02048 et al.). (October 7, 1998) (36-02708 et al.) (01/27/99)
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