instruction:
In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
§ 42-217. If, based on the proof submitted by the applicant and the field examination, the Department “is satisfied that the law has been fully complied with and that the water is being used at the place claimed and for the purpose for which it was originally intended, the [Department shall issue to such user or users a license confirming such use.” I.C. § 42-219(1). On the other hand, “[i]n the event that the [Department shall find that the applicant has not fully complied with the law and the conditions of permit, it may issue a license f ls Ground Water Dist., 141 Idaho 746, 753, 118 P.3d 78, 85 (2005) (finding that “a party is not entitled to vested rights in a water right by virtue of filing a permit application”); Hardy v. Higginson, 123 Idaho 485, 491, 849 P.2d 946, 952 (1993) (<HOLDING>). However, this Court has never considered the 
 Holding statements: (A) holding that until the state issues a certificate of appropriation any right to use the water remains inchoate (B) holding that simply because claimants had diverted the entire run of the water at issue did not give them the ability to claim a right to all the water when they could not and had not put it to beneficial use (C) holding that the legislative assembly intended the water right certificate not the permit even when followed by a beneficial use to mark the point at which a water right becomes vested (D) holding that permits only give the applicant an inchoate or contingent right to put the water to a beneficial use (E) holding that a water right is a property right created by a person appropriating unappropriated water and applying it to a beneficial use
answer:
holding that until the state issues a certificate of appropriation any right to use the water remains inchoate


question:
claim because "she was not diligent in preserving her legal rights”); Felty, 818 F.2d at 1129 ("One who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence.”) (quoting Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147, 151, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984)); United States ex rel. Cogifer, S.A. v. Ins. Co. of North Am., Civ. A. No. 86-183-NN, 1987 WL 19932, at *4 (E.D.Va. Oct. 15, 1987) (unpublished). 11 . See, e.g., Cada v. Baxter Healthcare Corp., 920 F.2d 446, 450-51 (7th Cir. 1990). 12 . See, e.g., Humble Oil, 402 F.2d at 896 (finding equitable estoppel where surety reneged on promise to pay after statute of limitations had run). 13 . See, e.g., United States ex rel. Nelson v. Reliance Ins. Co., 436 F.2d 1366, 1371 (10th Cir.1971) (<HOLDING>); United States ex rel. Atlas Erection Co. v. 
 Holding statements: (A) holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation (B) holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors (C) holding that a surety has standing to sue for a progress payment released by the government after notification by the surety of unpaid subcontractors (D) holding that estoppel applied where surety repeatedly responded to subcontractors threats to sue with answers which assured them that amicable settlement was just around the corner (E) holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety
answer:
holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation


question:
the materials to be held in confidence. However, the parties cannot by agreement overcome the public’s right of access to judicial records. See In re Violation of Rule 28(D), 635 F.3d 1352, 1358 (Fed.Cir.2011); Sensormatic Sec. Corp. v. Sensormatic Elecs. Corp., 455 F.Supp.2d 399, 437-438 (D.Md.2006). Instead, the parties must show significant countervailing interests that outweigh the public’s interest in openness. In re Application, 707 F.3d at 292-93. Volvo next contends that the materials at issue contain confidential business information. This would appear to be a sufficient basis in some instances, if it is established and not outweighed by countervailing interests. See Nixon, 435 U.S. at 598, 98 S.Ct. 1306; see also Pittston Co. v. United States, 368 F.3d 385, 406 (4th Cir.2004) (<HOLDING>). Volvo notes that the materials at issue were 
 Holding statements: (A) holding it was not an abuse of discretion to deny funds (B) holding that it was within the trial courts discretion to refuse any additional discovery and that the courts refusal to allow additional discovery was not an abuse of discretion (C) holding it was not an abuse of discretion to refuse to unseal documents containing confidential and proprietary business information (D) holding that it was an abuse of discretion to refuse to award attorneys fees where each element of five part test has been satisfied (E) holding it was not an abuse of discretion to exclude testimony
answer:

holding it was not an abuse of discretion to deny funds