Idaho Water Resource Board v. Donald R‪.‬

This action was initiated by plaintiff-respondent, Idaho Water Resource Board (hereinafter respondent) against defendant-appellant, Donald R. Kramer (hereinafter appellant), as Secretary of respondent, for the issuance of a writ of mandate to compel appellant to execute the joint application of respondent and intervenor, Idaho Power Company (hereinafter intervenor), with the Federal Power Commission for a power license to operate power generation facilities on the Snake River. The action was brought after appellant refused to execute the joint application although directed to do so by respondent. An alternative writ of mandate was issued by the trial court, ordering appellant to execute the joint application or to show cause why he should not do so. Subsequent to the issuance of this writ, the intervenor filed a complaint in intervention adopting the position of respondent as its own, and joining with respondent in asking that the alternative writ of mandate be made permanent. The trial court issued an order permitting the intervention. Appellant filed an answer setting forth his reasons for refusing to execute the joint application, and asking that the alternative writ be vacated and that the peremptory writ be denied. A hearing was held and findings of facts and Conclusions of law were entered. The trial court entered final judgment in favor of respondent and intervenor, and against appellant, directing that a peremptory writ of mandate be issued, and ordering appellant and his successor in office to execute the joint application by affixing his signature to it. Appellant has appealed the trial courts judgment. We affirm the judgment of the trial court.