12/09/08 Lowry wins but loses

Paul Nettleton and Tim Lowry went to court more than a decade ago when the BLM tried to control their Owyhee County water rights. They won the case but were saddled with more than a million dollars in lawyers' fees when the Idaho Supreme Court said the federal government didn't have to pay. LOWRY "They interpreted the Equal Access to Justice Act as not applying to state courts even though it states that any court having jurisdiction can award fees and on water rights cases that is the state courts, they're the ones that have the jurisdiction." The US Supreme Court would not hear their appear. Paul Lowry says the San Francisco legal team isn't beating down their doors while several groups try to raise money to help them. LOWRY "You know I can't say anything but praise for them on this. They're been very patient and they are being very patient on the fundraising. They're not pressuring us." Lowry says he's trying to work with Senator Mike Crapo to see if the Equal Access to Justice Act can be amended by Congress so that others don't have to pay legal fees when winning a lawsuit against the federal government. Voice of Idaho Agriculture Bill Scott