COMMISSIONERS MINUTES
JANUARY 19, 2005
The Commissioners met in special session on the above date at 6:00 p.m. in the
Commissioner’s Room, basement of the Elmore County Courthouse, 150 South 4th
East, Mountain Home, Idaho.
The purpose of the special session was to hold a public hearing of an appeal
filed by the King Hill Water and Sewer Users Assoc (KHDW) of the Findings of
Facts, Conclusions of Law, and Order entered by the Elmore County Planning and
Zoning Commission on October 21, 2004, concerning the registration of an
existing Confined Animal Feeding Operation (CAFO) operated by Rocky Mountain
Land and Cattle Company, LLC. That registration originally came before Planning
and Zoning on May 1, 2002, was appealed to the Board of County Commissioners and
then to District Court. District Court of the Fourth Judicial District, Judge
Michael Wetherell presiding. That Court’s decision of April 2, 2004, requires
that the Commission make a determination as to the nature of the water right
held by the applicant on April 30, 2002 and the number of animal units supported
by that water right on that date. The Court further directed that the Commission
should determine whether the information provided by the Applicant in its
application is complete and accurate. Therefore, testimony at the hearing shall
be limited to the issues listed above. The subject property is located in
Sections 1, 2 and 12, Township 5 South, Range 10 East and in Sections 5, 6, 7
and 8, Township 5 South, Range 11 East, B.M.
Present at the meeting was Chairman Larry Rose, Commissioner Mary Egusquiza and
Commissioner Connie Cruser. Also present was Clerk Gail Best. No attorney was
present nor was anyone in attendance.
Because of an error in notification, it has been agreed by all parties that the
hearing will be continued until February 23, 2005 at 7:00 p.m.
Chairman Rose closed this portion of the hearing and made a motion to adjourn,
second by Egusquiza.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ GAIL L. BEST, Clerk
