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.
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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: the prescribed five working days after the registrant's birthday is not a defense. Barker, 34 Cal.4th at 350, 18 Cal.Rptr.3d 260, 96 P.3d 507 ("forgetting the mandatory registration requirement of section 290 is simply not a legitimate defense to the charge of willfully failing to register"). As a result, it is possible that Gonzalez violated 290(a)(1)(D) through ordinary negligence by forgetting to register during the mandated five working day period. Because the record suggests that Gonzalez made a good faith effort to comply with the registration law, we find that little or no moral culpability attaches to his violation of 290(a)(1)(D). 11 . Gonzalez's sentence is also a high multiple of the plea offers he received. See Reyes v. Brown, 399 F.3d 964, 969 n. 9 (9th Cir.2005) (<HOLDING>). 12 . See, e.g., Rummel, 445 U.S. at 282, 100
Holding statements: (A) holding that plea offers are relevant to determining whether a three strikes sentence is grossly disproportionate to the triggering offense (B) holding that penalty clauses are enforceable unless they are found to be grossly unreasonable (C) holding that in determining whether a crime is a continuing offense the court must focus on the nature of the substantive offense and not on the specific characteristics of the conduct in the case at issue (D) holding that sentencing court could consider whether the applicable guidelines were outdated and disproportionate but that imposing sentence based on the guidelines did not render sentence substantively unreasonable (E) holding that plea of guilty or nolo contendere is not rendered involuntary because it is a product of plea bargaining an accepted plea bargain must be recorded and court may accept a bargained plea to a lesser offense reasonably related to a charged offense

Answer: holding that penalty clauses are enforceable unless they are found to be grossly unreasonable

Question: and Paroles, 677 So.2d 1261 (Ala.Crim.App.1996); and Sloan v. Alabama Board of Pardons and Paroles, 647 So.2d 85 (Ala.Crim.App.1994). Because the initial decision to grant or deny parole is completely within the discretion of the Board, such a decision should not be reviewable by state comets. See Braxton v. Josey, 567 F.Supp. 1479, 1480 (D.Md.1983) (noting that review was appropriate in federal court because "Maryland does not provide for judicial review of decisions to deny parole"). Compare Quintero v. Board of Parole and Post-Prison Supervision, 329 Or. 319, 986 P.2d 575, 579 (1999) (noting that state statute "provides that 'any decision relating to a release date' is not subject to judicial review"). Cf. Esensoy v. Board of Pardons and Paroles, 793 So.2d 774, 778 (Ala.2000) (<HOLDING>); Kirk v. State, 536 So.2d 118, 119
Holding statements: (A) holding that judicial review of the boards denial of a request for remission of a fine or forfeiture is limited to those situations where the board has failed to consider a request that it exercise its discretion or where there is justification for the courts exercising its equitable jurisdiction (B) holding that denial of untimely request was not abuse of discretion (C) holding that third party seeking to be reimbursed for costs incurred in responding to discovery request had standing to appeal because its interests were directly represented by its own counsel in the trial court it was effectively bound by the trial courts final order of dismissal the other party would have had the right to appeal the trial courts ruling if it had granted the request for reimbursement and the third party had no other legal remedy to contest the trial courts denial of its request (D) holding that in its review of the irs exercise of discretion the court is limited to a review of the administrative record (E) holding that the trial court failed to exercise its discretion in merely stating that the request could not be granted because there was no transcript at this point

Answer:
holding that denial of untimely request was not abuse of discretion