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C. TOM ARKOOSH, ISB #2253 ARKOOSH LAW OFFICES 802 W. Bannock St., Ste. 900 P.O. Box 2900 Boise, ID 83701 Telephone: (208) 343-5 l 05 Facsimile: (208) 343-5456 Email: [email protected] Attomey for Little SJ..)' Farms LA WREN CE G. WASDEN ATTORNEY GENERAL CLIVE J. STRONG Deputy Attorney General Chief . Natural Resources Division GARRICK L. BAXTER, ISB #6301 EMMI L. BLADES, ISB #8682 Deputy Attorneys General Idaho Department of Water Resources P.O. Box 83720 Boise, Idaho 83720-0098 Telephone: (208) 287-4800 Facsimile: (208) 287-6700 [email protected] [email protected] Attorneys for Respondents IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF GOODING LITTLE SKY FARMS, Petitioner, vs. GARY SPACKMAN in his official capacity as Director of the Idaho Department of Water Resources, and THE IDAHO DEPARTMENT OF WATER RESOURCES, Respondents. IN THE MATTER OF DISTRIBUTION OF WATER TO WATER RIGHT NOS. 36-02551 & 36-07694 , RANGEN, INC.) Case No. CV-2014-382 STIPULATION AND MOTION TO DISMISS STIPULATION AND MOTION TO DISMISS - Page 1

Stipulation and Motion to Dismiss | July 17, 2015 | CV ...€¦ · 17/07/2015  · Respondents Gary Spackman in his official capacity as Director of the Idaho Department of Water

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Page 1: Stipulation and Motion to Dismiss | July 17, 2015 | CV ...€¦ · 17/07/2015  · Respondents Gary Spackman in his official capacity as Director of the Idaho Department of Water

C. TOM ARKOOSH, ISB #2253 ARKOOSH LAW OFFICES 802 W. Bannock St., Ste. 900 P.O. Box 2900 Boise, ID 83701 Telephone: (208) 343-5 l 05 Facsimile: (208) 343-5456 Email: [email protected]

Attomey for Little SJ..)' Farms

LA WREN CE G. WASDEN ATTORNEY GENERAL

CLIVE J. STRONG Deputy Attorney General Chief. Natural Resources Division

GARRICK L. BAXTER, ISB #6301 EMMI L. BLADES, ISB #8682 Deputy Attorneys General Idaho Department of Water Resources P.O. Box 83720 Boise, Idaho 83720-0098 Telephone: (208) 287-4800 Facsimile: (208) 287-6700 [email protected] emmi.blades @idwr.idaho.gov

Attorneys for Respondents

IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE

STATE OF IDAHO, IN AND FOR THE COUNTY OF GOODING

LITTLE SKY FARMS,

Petitioner,

vs.

GARY SPACKMAN in his official capacity as Director of the Idaho Department of Water Resources, and THE IDAHO DEPARTMENT OF WATER RESOURCES,

Respondents.

IN THE MATTER OF DISTRIBUTION OF WATER TO WATER RIGHT NOS. 36-02551 & 36-07694 , RANGEN, INC.)

Case No. CV-2014-382

STIPULATION AND MOTION TO DISMISS

STIPULATION AND MOTION TO DISMISS - Page 1

Page 2: Stipulation and Motion to Dismiss | July 17, 2015 | CV ...€¦ · 17/07/2015  · Respondents Gary Spackman in his official capacity as Director of the Idaho Department of Water

Petitioner Little Sky Farms, by and through its attorney of record hereby moves the Court

pursuant to I.R.C.P. 84(r) and I.A.R. 33 to enter an order dismissing the above-captioned matter.

The parties are to bear their own fees and costs. Respondents Gary Spackman in his official

capacity as Director of the Idaho Department of Water Resources, and the Idaho Department of

Water Resources, and the North Snake Ground Water District and the Idaho Ground Water

Appropriators, Inc. stipulate to this Motion.

~ DATED this JJl day of July, 2015.

DATED this_ day of July, 2015.

ARKOOSH LAW OFFICES

C. TOM ARKOOSH Attorney for Little Sky Farms

LAWRENCEG. WASDEN Attorney General

CLIVE R. J. STRONG Chief, Natural Resources Division

GARRICK L. BAXTER Deputy Attorney General Attorney for Idaho Department of Water Resources and Gary Spackman, Director

DATED this __ day of July, 2015.

RACINE, OLSON, NYE BUDGE & BAILEY, CHTD.

Randall C. Budge Attorney for North Snake Ground Water District and Idaho Ground Water Appropriators, Inc.

STIPULATION AND MOTION TO DISMISS - Page 2

Page 3: Stipulation and Motion to Dismiss | July 17, 2015 | CV ...€¦ · 17/07/2015  · Respondents Gary Spackman in his official capacity as Director of the Idaho Department of Water

Petitioner Little Sky Farms, by and through its attorney of record hereby moves the Court

pursuant to I.R.C.P. 84(r) and I.A.R. 33 to enter an order dismissing the above-captioned matter.

The parties are to bear their own fees and costs. Respondents Gary Spackman in his official

capacity as Director of the Idaho Department of Water Resources, and the Idaho Department of

Water Resources, and the North Snake Ground Water District and the Idaho Ground Water

Appropriators, Inc. stipulate to this Motion.

DATED this __ day of July, 2015.

DATED this _tiday of July, 2015.

DATED this 9th day of July, 2015.

ARKOOSH LAW OFFICES

C. TOM ARKOOSH Attorney for Little Sky Fanns

LAWRENCE G. WASDEN Attorney General

CLIVE R. J. STRONG

Deputy Attorney General Attorney for Idaho Department of Water Resources and Gary Spackman, Director

RACINE, OLSON, NYE BUDGE & BAILEY, CHTD.

STIPULATION AND MOTION TO DISMISS - Page 2

Page 4: Stipulation and Motion to Dismiss | July 17, 2015 | CV ...€¦ · 17/07/2015  · Respondents Gary Spackman in his official capacity as Director of the Idaho Department of Water

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this l1,11-day of July 2015, I caused a true and correct copy of the foregoing document to be filed with the Court and served on the following parties by the indicated methods:

Original to: DISTRICT COURT 253 3RD A VE NORTH POBOX2707 TWIN FALLS ID 83303-2707 Facsimile: (208) 736-2121

C THOMAS ARKOOSH ARKOOSH LAW OFFICES POBOX2900 BOISE ID 83701 [email protected]

J JUSTIN MAY MAY BROWNING 1419 W WASHINGTON BOISE ID 83702 [email protected]

ROBYN BRODY BRODY LAW OFFICE POBOX554 RUPERT ID 83350 [email protected]

FRITZ HAEMMERLE HAEMMERLE & HAEMMERLE PO BOX 1800 HAILEY ID 83333 f [email protected]

RANDALL C BUDGE TJBUDGE RACINE OLSON PO BOX 1391 POCATELLO ID 83204-1391 [email protected] [email protected]

( ) U.S. Mail, Postage Prepaid w,-Hand Delivery bQ Facsimile ( ) E-mail

(x) U.S. Mail, Postage Prepaid ( ) Hand Delivery ( ) Facsimile (x) E-mail

(x) U.S. Mail, Postage Prepaid ( ) Hand Delivery ( ) Facsimile (x) E-mail

(x) U.S. Mail, Postage Prepaid ( ) Hand Delivery ( ) Facsimile (x) E-mail

(x) U.S. Mail, Postage Prepaid ( ) Hand Delivery ( ) Facsimile (x) E-mail

(x) U.S. Mail, Postage Prepaid ( ) Hand Delivery ( ) Facsimile (x) E-mail

STIPULATION AND MOTION TO DISMISS - Page 3

Page 5: Stipulation and Motion to Dismiss | July 17, 2015 | CV ...€¦ · 17/07/2015  · Respondents Gary Spackman in his official capacity as Director of the Idaho Department of Water

SARAH KLAHN MITRA PEMBERTON WHITE & JANKOWSKI, LLP 511 16TH ST STE 500 DENVER CO 80202 sarahk@while-jankow!)ki.com [email protected]

A DEAN TRANMER CITY OF POCATELLO POBOX4169 POCATELLO ID 83201 [email protected].;

JERRY R RIGBY HYRUM ERICKSON ROBERT H WOOD RIGBY ANDRUS & RIGBY CHTD 25 NORTH SECOND EAST REXBURG ID 83440 [email protected] herickson @rex-law.com rwood @rex-law.com

JOHN K SIMPSON TRAVIS L THOMPSON PAULL ARRINGTON BARKER ROSHOLT & SIMPSON 195 RIVER VISTA PLACE STE 204 TWIN FALLS ID 83301-3029 [email protected] j [email protected] [email protected]

W KENT FLETCHER FLETCHER LAW OFFICE POBOX248 BURLEY ID 83318 [email protected]

(x) U.S. Mail, Postage Prepaid ( ) Hand Delivery ( ) Facsimile (x) E-mail

(x) U.S. Mail, Postage Prepaid ( ) Hand Delivery ( ) Facsimile (x) E·mail

(x) U.S. Mail, Postage Prepaid ( ) Hand Delivery ( ) Facsimile (x) E-mail

(x) U.S. Mail, Postage Prepaid ( ) Hand Delivery ( ) Facsimile (x) E· mail

(x) U.S. Mail, Postage Prepaid ( ) Hand Delivery ( ) Facsimile (x) E-mail

Garrick axter Deputy Attorney General

STIPULATION AND MOTION TO DISMISS - Page 4