The water district filed a petition to condemn land on the Shipes' farm for a temporary easement to drill test wells for water.
The Shipes sought to stop the eminent domain proceeding, saying the district can't condemn land to get a water right.
The water district says the Shipes can't fight its efforts because they don't own the water the district wants to test for.
But the Supreme Court said Friday that the Shipes' fight is premature because the water district hasn't decided yet if it will seek permanent access to the property and water.
(Copyright 2009 by The Associated Press. All Rights Reserved.)
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