2006 Opinions, Guidelines and
Certificates of Review

Table of Citations

Cities
Guideline 4/10/2006 - City of Plummer’s annexation authority not compromised by assumed reservation status of adjacent lands.

Eminent Domain
Certificate 3/28/2006 - Initiative Relating to Eminent Domain and Regulatory Takings.

Indian Reservation
Guideline 4/10/2006 - City of Plummer’s annexation authority not compromised by assumed reservation status of adjacent lands.

Marriage
Opinion 06-1 - Legal analysis of proposed amendment to Idaho Constitution concerning marriage.

Open Meeting Law
Certificate 1/13/2006 - Initiative to Amend Open Meeting Law.

Regulatory Takings
Certificate 3/28/2006 - Initiative Relating to Eminent Domain and Regulatory Takings.

Tax Issues
Certificate 1/5/2006 - Initiative to Increase Sales and Use Taxes and Apply Revenues to Public Education.

Water
Opinion 06-2 - Under Swan Falls Agreement, Idaho Power Co. subordinated its hydropower water rights in excess of agreed-upon minimum flows to all "subsequent beneficial upstream uses upon approval of such uses by the State in accordance with State law," regardless of type or kind of beneficial use.

Opinion 06-2 - Idaho Code §§ 42-234(2) and 42-4201A(2) do not create any vested rights or priorities in Idaho Power Co. because State, as trustee, holds legal title to water placed in trust and, in accordance with Swan Falls Agreement, State has the right to determine how trust water will be used.

Opinion 06-2A - Under Swan Falls Agreement, Idaho Power Co. subordinated its hydropower water rights in excess of agreed-upon minimum flows to all “subsequent beneficial upstream uses upon approval of such uses by the State in accordance with State law,” regardless of type or kind of beneficial use.

Opinion 06-2A - Idaho Code §§ 42-234(2) and 42-4201A(2) do not create any vested rights or priorities in Idaho Power Co. because State, as trustee, holds legal title to water placed in trust and, in accordance with Swan Falls Agreement, State has the right to determine how trust water will be used.

Guideline 3/3/2006 - Bill to approve water right transfers used in conjunction with coal fired generation of electricity other than integrated gasification combined cycle technology where coal is not burned but oxidized as power source is rationally related to State's duty to protect water resources and would likely withstand Equal Protection Clause challenge.

Wolves
Certificate 3/3/2006 - Initiative Relating to Removal of Wolves from Idaho.

Certificate 3/9/2006 - Initiative Relating to Removal of Wolves from Idaho.

Certificate 11/16/2006 - Initiative Relating to Wolf Regulation in Idaho.

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