Idaho
Idaho-U.S. water rights fight gets district court hearing
A district court judge in Boise is set to hear a case on Tuesday morning regarding the question of whether federal land agencies can retain water rights on public land in Idaho for livestock to drink, even if the agencies don’t own the cattle.
The case stems from a 30-year process of sorting out water rights in the Snake River Basin, which ended in 2014.
During this adjudication, some ranchers contested the ability of the Bureau of Land Management and the Forest Service to hold water rights for cattle, known as stockwater rights. Because the agencies didn’t own the animals, the ranchers argued, they weren’t the ones putting the water to a “beneficial use,” a requirement under state water law.
In 2007, a state supreme court case ruled in favor of ranchers at Joyce Livestock Co. in Owyhee County who had sued over this issue. Over the following years, through several legislative measures and Department of Water Resources orders, Idaho began pressuring the federal agencies to give up some of these stockwater rights.
Two years ago, the U.S. The Department of Justice sued in protest, arguing that the new Idaho laws couldn’t be lawfully enforced against the U.S. because they violated the Supremacy Clause of the Constitution and federal sovereign immunity.
It also argued Idaho was discriminating against the federal government by targeting the roughly 25,000 instream stockwater rights on federal grazing allotments and not those on private or state lands.
Marie Callaway Kellner, a professor at the University of Idaho College of Law, said the government also feared broader implications, like its ability to manage for multiple uses on federal lands.
“There’s a sense,” she said, “that if it loses the ability to manage how the water is used, it will lose the ability to manage how grazing happens on these lands.”
Clive Strong, who was the Office of the Idaho Attorney General’s lead attorney during the Snake River Basin Adjudication, said, on the other hand, if it’s determined that the U.S. has a broad exemption from state water law, that could affect Idaho’s ability to fully regulate water rights under its rules like “first in time, first in right,” and the requirement to put water to beneficial use.
“This case is important,” Strong said, “because it is testing the boundaries of that deference to state water law.”
The state also replied that the dispute had already been argued before the Supreme Court in the Joyce Livestock case.
The Idaho Legislature, the Idaho Farm Bureau Federation and ranchers including Joyce Livestock Co. joined in to intervene in the case.
The court is considering motions for summary judgment from both sides.
Find reporter Rachel Cohen on Twitter @racheld_cohen
Copyright 2023 Boise State Public Radio
Idaho
Charges dropped against BYU-Idaho student accused of kidnapping baby at Costco – East Idaho News
Bonneville County Prosecutor Randy Neal describes a new video from Costco over the incident involving an alleged kidnapping prior to Thanksgiving. | Daniel V. Ramirez, EastIdahoNews.com
IDAHO FALLS — Weeks after a BYU-Idaho student was accused of kidnapping a baby from Costco, the Bonneville County Prosecutor announced Thursday afternoon that charges will be dismissed.
During a news conference, Prosecutor Randy Neal showed three videos from inside Costco during the alleged incident on Nov. 24, which led to Michael Raine, 24, being charged with felony second-degree kidnapping.
According to court documents, Raine was looking at books inside the store and a cart with a baby was nearby.
RELATED | BYU-Idaho student accused of kidnapping 4-week-old baby in Costco
The document states that Raine “looked around” and then grabbed the cart and walked away.
The issue for officials was what occurred once Raine rounded the corner with the cart and the baby.
Neal said the new video shows Raine walking away with the cart, and the baby’s mother finding him almost immediately. The prosecutor explained that when pursuing cases, a prosecutor reviews the evidence and determines whether, beyond a reasonable doubt, the action was a crime.
“For a prosecutor, the analysis is whether there is a rational basis for someone to conclude, beyond a reasonable doubt, that they are to a moral certainty, that this is a crime? I don’t think that we can say that,” Neal said.
Neal said the surveillance videos from Costco show that Raine had no intention of running away with that cart.
WATCH COSTCO SURVEILLANCE VIDEO HERE:
The other aspect is that Raine didn’t leave the store after the incident, which, according to the documents, indicates the student had purchased items and eaten at the food court.
Looking at the reasons for Raine’s arrest, Idaho Falls Police Chief Bryce Johnson said at the time, there was only one single video, and based on what was seen, Raine’s actions were found to be suspicious.
Another factor that influenced Raine’s arrest was his trip to the United States Marine Corps Recruiting station in Boise on Nov. 25.
“The detectives were consulting with the prosecutors and made the proper decision at that time in the interest of public safety, based on probable cause, to make that arrest,” Johnson said. “That just doesn’t end the case. There’s a requirement to keep on going.”
Johnson and Neal discussed how detectives met with the mother of the baby and went over the events in a cognitive interview. Neal said this type of interview is a narrative recount of the events by the victim, without any questions being asked.
“Often, the mind will just start filling in pieces in order to make it make sense to them,” Neal said.
Detectives worked on recreating the incident at Costco with the mother, but Neal said some of the mother’s version of events were inaccurate in terms of the cart placement and other minor details.
Neal said Natalie Millett was told charges have been dropped.
In a statement to the media, Millett said the event has caused the emotional pain that words can’t describe and will impact her for life.
“I believe it was miraculous that I ran in the right direction and recovered my baby swiftly, but the outcome could have been so different had I not listened to my intuition and impressions that day,” Millett said.
After being informed that the charges against Raine would be dismissed, Millett stated that she does feel at peace because she has done everything in her power.
One of the major talking points of the conference and in Millett’s statement is the reaction and comments from social media that have attacked her and made egregious remarks about people involved.
“To sit in your basement and write poison is just really disgusting. It’s just inappropriate,” Neal said.
=htmlentities(get_the_title())?>%0D%0A%0D%0A=get_permalink()?>%0D%0A%0D%0A=htmlentities(‘For more stories like this one, be sure to visit https://www.eastidahonews.com/ for all of the latest news, community events and more.’)?>&subject=Check%20out%20this%20story%20from%20EastIdahoNews” class=”fa-stack jDialog”>
Idaho
Drivers urged to exercise caution amid potential flooding in North Idaho
BOISE, Idaho (CBS2) — The Idaho Transportation Department (ITD) is warning drivers in North Idaho to be vigilant as rising water levels from recent rainfall and runoff may lead to roadway flooding and washouts.
ITD crews are actively monitoring the situation and are prepared to respond as conditions change. Drivers are advised to exercise extra caution, particularly in lowland areas, where conditions can shift rapidly. ITD strongly recommends against driving through standing water, as it can be difficult to gauge its depth or identify hidden hazards. Water intake can also cause significant damage to vehicles. For updates on detours and road closures, drivers are encouraged to visit Idaho 511.
Idaho
Notre Dame pulls away from Idaho, wins 80-65 despite missing leading scorer Markus Burton
SOUTH BEND, Ind. (AP) — Jalen Haralson scored 20 points, Carson Towt had 19 points and 15 rebounds and Notre Dame pulled away late to beat Idaho 80-65 despite playing without leading scorer Markus Burton on Wednesday night.
Burton, who leads the Fighting Irish at 18.5 ppg, was to have had surgery Wednesday on his left ankle after suffering an injury in Notre Dame’s previous game, an 87-85 overtime win over TCU. He is expected to be out “for the foreseeable future,” according to the school.
Haralson was 8-of-16 shooting and Towt was 9 of 12 in collecting his third double-double this season. Cole Certa had a trio of 3-pointers and 15 points and Braeden Shrewsberry made four 3s and scored 14. The Irish (8-3) shot 52% and made 9 of 14 from the arc in winning their third straight game and improving to 6-0 at home.
Biko Johnson made three 3s and scored 19 points and Jackson Rasmussen added 16 points though the pair combined for only eight second-half points for Idaho (6-4). Brody Rowbury added 11 points. The Vandals shot 40% and made 10 of 24 3-pointers.
Tied 33-all at halftime, Notre Dame never trailed in the second half, going up 61-51 with nine minutes to go after Certa scored the first seven points in an 11-2 run. The Vandals got back within four with six minutes left on a Johnson 3-pointer but that was their final field goal. Shrewsberry and Certa hit 3-pointers in a game-ending 12-1 run.
Up next
Idaho is home against Evergreen State on Sunday.
Notre Dame is home against Evansville on Sunday.
___ Get poll alerts and updates on the AP Top 25 throughout the season. Sign up here and here (AP News mobile app). AP college basketball: https://apnews.com/hub/ap-top-25-college-basketball-poll and https://apnews.com/hub/college-basketball
-
Alaska6 days agoHowling Mat-Su winds leave thousands without power
-
Politics1 week agoTrump rips Somali community as federal agents reportedly eye Minnesota enforcement sweep
-
Ohio1 week ago
Who do the Ohio State Buckeyes hire as the next offensive coordinator?
-
Texas6 days agoTexas Tech football vs BYU live updates, start time, TV channel for Big 12 title
-
News1 week agoTrump threatens strikes on any country he claims makes drugs for US
-
World1 week agoHonduras election council member accuses colleague of ‘intimidation’
-
Washington3 days agoLIVE UPDATES: Mudslide, road closures across Western Washington
-
Iowa5 days agoMatt Campbell reportedly bringing longtime Iowa State staffer to Penn State as 1st hire