Concerning the Application for Water Rights for Cherokee Metropolita — Hobbs, J., Concurring in Part and Dissenting…

Summary

Justice Hobbs concurred in the view that the pending application involved new, further, and additional appropriations subject to review by the Ground Water Commission, but dissented from the conclusion that the recharge obligation in the stipulation left open whether Cherokee could claim replacement credit for the same wastewater. She reasoned that allowing such credit would deprive the Upper Black Squirrel Creek Ground Water Management District of the bargained-for recharge benefit that induced its consent to Cherokee's water export. She agreed that Meridian's separate claim to replacement credit was for the Commission to decide.