Attorney Joseph Goddaeus Ballstaedt's Legal Cases

Environmental and natural resources

Rangen, Inc. v. Dept of Water Resources

Apr 26, 2016

OUTCOME: The Idaho Supreme Court accepted our client IGWA's arguments and affirmed the District Court.

This was a water law case heard before the Idaho Supreme Court in which I provided legal research and brief writing for the Idaho Ground Water Appropriator's Inc. (IGWA). The Director of the Idaho Depa ... rtment of Water Resources conditionally approved a mitigation plan proposed by IGWA, and Rangen petitioned for review. On review, the district court affirmed the Director’s order in significant part. On appeal, the Supreme Court upheld the district court’s decision. The Supreme Court accepted IGWA’s arguments and held that the Director did not abuse his discretion by deferring consideration of potential injury to other water users to another proceeding and that the mitigation plan provided sufficient contingency provisions. Additionally, the Court rejected Rangen’s argument that the Director’s order constituted an unlawful taking of Rangen’s property in violation of the Idaho and U.S. Constitutions.

Environmental and natural resources

Idaho Ground Water Appropriators, Inc. v. Idaho Dept. of Water Res.; City of Pocatello v. Rangen, Inc.

Mar 23, 2016

OUTCOME: The Idaho Supreme Court held that the Director of Water Resources did not abuse his discretion in setting a trim line for curtailing water users.

These are two water law cases that were heard by the Idaho Supreme Court. I provided legal research and brief writing for the Idaho Ground Water Appropriator's Inc. (IGWA). These appeals stemmed from a ... n order issued by the Director of the Idaho Department of Water Resources curtailing ground water pumping in the Eastern Snake Plains Aquifer. On review, the district court affirmed the curtailment order in part and reversed in part. The Supreme Court affirmed the district court’s decision upholding the Director’s conclusion that the senior holder’s water source was surface water. The Court reversed the district court’s ruling that the Director abused his discretion by implementing a trim line which limited the curtailment order to groundwater pumping west of the Great Rift—a volcanic rift in the aquifer. The Court held that the Director had discretion to implement a trim line based on the doctrine of beneficial use and that the Director acted within his discretion in determining that the Great Rift was the appropriate point to implement a trim line.

Environmental and natural resources

Rangen, Inc. v. Idaho Dept of Water Resources

Feb 29, 2016

OUTCOME: The Supreme Court accepted our client IGWA’s arguments and affirmed the district court’s holdings that Rangen may divert water only from one designated water source.

This is a water law case in which I provided legal research and brief writing for the Idaho Ground Water Appropriator's Inc. (IGWA). This appeal flows from an order in which the Director of the Idaho D ... epartment of Water Resources interpreted the source and point of diversion elements of Rangen’s relevant water rights to have a scope smaller than Rangen’s actual historical use. The Supreme Court accepted IGWA’s arguments and affirmed the district court’s holdings that Rangen may divert water only from the mouth of the Martin-Curren Tunnel and only within the ten-acre tract identified on its water right partial decrees. The Court also affirmed the district court’s order upholding the Director’s adoption of an adverse expert’s analysis and the Director’s conclusion that junior priority ground water users are using water efficiently and without waste.

Joseph Goddaeus Ballstaedt's Legal Cases (3)

Rangen, Inc. v. Dept of Water Resources

Idaho Ground Water Appropriators, Inc. v. Idaho Dept. of Water Res.; City of Pocatello v. Rangen, Inc.

Rangen, Inc. v. Idaho Dept of Water Resources