If at first you don’t succeed, try, try again. That seems to be the motto of two environmental activists who were handed a defeat by Fifth District Judge John Butler. The activists say they will now take the battle over water rights — and ultimately odor — to the Idaho Supreme Court.

At the heart of the matter is the transfer of water rights to Idaho dairy producer Adrian Boer. After altering his proposal to further mitigate odors at the proposed 6,600-cow dairy, the Idaho Department of Water Resources granted his request for a transfer of water rights.

Not satisfied with that result, Bill Chisholm and Lee Halper who both oppose the dairy, took the matter to court. Idaho has an old law on the books which allows people to protest a water transfer if they believe it is not in the public’s interest. However, Butler ruled that the water rights transfer was executed correctly.

Boer has been trying to build a new dairy in southern Gooding County for the past five years.