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ID HP001
P
Status
3/19/2018
Primary Sponsor
Ways and Means Committee
Click for details
AI Summary
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Joyce Livestock Co. and LU Ranching Co. should receive reimbursement from the Constitutional Defense Council Fund for attorney's fees incurred in litigation protecting stockwater rights on federal lands in Idaho.
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Joyce Livestock Co. filed a claim in 1992 with an 1878 priority date for stockwater rights, and LU Ranching Co. sought protection for rights with an 1872 priority date; both companies' rights were vindicated by the Idaho Supreme Court's 2007 decision.
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The two companies negotiated their combined attorney's fees down to $600,000, with each company bearing $300,000 of the total cost.
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The 2007 Idaho Supreme Court decisions established precedent-setting water law rulings that protect Idaho's sovereignty over stockwater rights and prevent the federal government from appropriating water rights on federal lands without following state law.
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The reimbursement would comport with the Constitutional Defense Council's statutory purpose under Section 67-6301, Idaho Code, to restore, maintain, and advance the state's sovereignty and authority.
Legislative Description
Stating findings of the Legislature and proclaiming that the Joyce Livestock Company and the LU Ranching Company should be reimbursed from the Constitutional Defense Council Fund for attorney's fees that they incurred for restoring, maintaining and advancing the sovereignty and authority of the State of Idaho over stockwater rights.
CONSTITUTIONAL DEFENSE COUNCIL FUND
Last Action
Returned from Senate Adopted; Filed in the office of the Chief Clerk
3/22/2018