IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA

Transcription

1 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 Boise, Idaho Telephone: (208) Facsimile: (208) garrick. Attorneys for Respondents IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA BALLENTYNE DITCH COMPANY, BOISE VALLEY IRRIGATION DITCH COMPANY, CANYON COUNTY WATER COMPANY, EUREKA WATER COMPANY, FARMERS' CO-OPERATIVE DITCH COMPANY, MIDDLETON MILL DITCH COMPANY, MIDDLETON IRRIGATION ASSOCIATION, INC., NAMPA & MERIDIAN IRRIGATION DISTRICT, NEW DRY CREEK DITCH COMPANY, PIONEER DITCH COMPANY, PIONEER IRRIGATION DISTICT; SETTLERS IRRIGATION DISTRICT, SOUTH BOISE WATER COMPANY, and THURMAN MILL DITCH COMPANY, Case No. CV-W A MOTION TO CONSOLIDATE Petitioners, vs. THE IDAHO DEPARTMENT OF WATER RESOURCES and GARY SPACKMAN, in MOTION TO CONSOLIDATE - Page 1

2 his capacity as Director of the Idaho Department of Water Resources, Respondents. IN THE MATTER OF ACCOUNTING FOR THE DISTRIBUTION OF WATER TO THE FEDERAL ON-STREAM RESERVOIRS IN WATER DISTRICT 63 COME NOW Respondents, the Idaho Department of Water Resources ("Department") and Gary Spackman in his capacity as Director of the Department, by and through their undersigned attorney of record, and move for consolidation for the reasons set forth below. Petitions for judicial review filed by the Boise Project Board of Control and New York Irrigation District ( collectively referred to as "BOC") and the Ditch Companies 1, Case Nos. CV- WA and CV-WA , respectively, are pending before this Court. These petitions seek review of the same order entered in the contested case before the Department: Amended Final Order issued on October 20, 2015, In the Matter of Accounting for the Distribution of Water to the Federal On-Stream Reservoirs in Water District 63. The Department files this motion to consolidate judicial review of these petitions. Consolidation is appropriate because both petitions arise from the same order issued in the contested case and are based on the same agency record. Consolidation would also expedite the matters and minimize the expense upon the public and the parties. 1 The Ditch Companies are comprised of the Ballentyne Ditch Company, Boise Valley Irrigation Ditch Company, Canyon County Water Company, Eureka Water Company, Farmers' Co-Operative Ditch Company, Middleton Mill Ditch Company, Middleton Irrigation Association, Inc., Nampa & Meridian Irrigation District, New Dry Creek Ditch Company, Pioneer Ditch Company, Pioneer Irrigation District, Settlers Irrigation District, South Boise Water Company, and Thurman Mill Ditch Company. MOTION TO CONSOLIDATE - Page 2

3 A motion to consolidate is being filed concurrently herewith in Boise Project Board of Control, et al. v. IDWR, Case No. CV-WA Counsel for the Department has contacted counsel for BOC and the Ditch Companies regarding this motion. There is no opposition to this motion. DATED this Z.'B.""J" day of December, LAWRENCEG. WASDEN Attorney General CLIVE J. STRONG Chief, Natural Resources Division Deputy Attorney General Idaho Department of Water Resources MOTION TO CONSOLIDATE - Page 3

4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 2 ~ 1 *tiay of December 2015, I served the foregoing document to the following and by the method(s) indicated below: Original to: D U.S. Mail, postage prepaid SRBA District Court D Hand Delivery 253 3rd A venue North D Overnight Mail P.O. Box 2707 ~ Facsimile Twin Falls, ID D Facsimile: (208) Daniel V. Steenson ~ U.S. Mail, postage prepaid S. Bryce Farris Hand Delivery Andrew W aldera Overnight Mail Sawtooth Law Offices, PLLC D Facsimile P.O. Box 7985 ~ Boise, ID dan@sawtoothlaw.com bryce@sawtoothlaw.com andy@sawtoothlaw.com Albert P. Barker ~ U.S. Mail, postage prepaid Shelley M. Davis Hand Delivery Barker Rosholt & Simpson, LLP Overnight Mail P.O. Box 2139 D Facsimile Boise, ID ~ agb@idahowaters.com smd@idahowaters.com Erika E. Malmen ~ U.S. Mail, postage prepaid Perkins Coie LLP Hand Delivery 1111 West Jefferson St., Ste 500 Overnight Mail Boise, ID D Facsimile emalmen@gerkinscoie.com ~ David Gehlert, Esq. ~ U.S. Mail, postage prepaid U.S. Dept. of Justice D Hand Delivery Denver Field Office D Overnight Mail h Street, South Terrace D Facsimile Suite 370 ~ Denver, CO david. gehle1t@usdoj.gov MOTION TO CONSOLIDATE - Page 4

5 James C. Tucker, Esq. IZI U.S. Mail, postage prepaid Idaho Power Company D Hand Delivery P.O. Box 70 D Overnight Mail Boise, ID D Facsimile jamestucker@idahogower.com IZI Chas. F. McDevitt IZI U.S. Mail, postage prepaid Dean J. Miller D Hand Delivery McDevitt & Miller, LLP D Overnight Mail P.O. Box 2564 D Facsimile Boise, ID IZI chas@mcdevitt-miller.com joe@mcdevitt-miller.com Jerry A. Kiser IZI U.S. Mail, postage prepaid P.O. Box 8389 D Hand Delivery Boise, ID Overnight Mail jkiser@cableone.net D Facsimile IZI John K. Simpson IZI U.S. Mail, postage prepaid Travis L. Thompson D Hand Delivery Paul L. Arrington D Overnight Mail Barker Rosholt & Simpson, LLP D Facsimile 195 River Vista Place, Ste 204 IZI Twin Falls, Idaho jks@idahowaters.com tlt@idahowaters.com gla@idahowaters.com W. Kent Fletcher IZI U.S. Mail, postage prepaid Fletcher Law Office D Hand Delivery P.O. Box 248 D Overnight Mail Burley, Idaho D Facsimile wkf@gmt.org IZI Rex Barrie IZI U.S. Mail, postage prepaid W atermaster D Hand Delivery Water District 63 D Overnight Mail P.O. Box 767 D Facsimile Star, ID IZI waterdistrict63@gwestoffice.net MOTION TO CONSOLIDATE - Page 5

6 Ron Shurtleff ~ U.S. Mail, postage prepaid Watermaster D Hand Delivery Water District 65 D Overnight Mail 102 N. Main St D Facsimile Payette, ID ~ wd65@srvinet.com Michael P. Lawrence ~ U.S. Mail, postage prepaid Givens Pursley, LLP D Hand Delivery P.O. Box 2720 D Overnight Mail Boise, ID D Facsimile m12l@givens12ursley.com ~ MOTION TO CONSOLIDATE - Page 6