W.S. RANCH COMPANY v. KAISER STEEL CORPORATION

No. 8368.

439 P.2d 714 (1968)

W.S. RANCH COMPANY, a corporation, Protestant-Appellant, v. KAISER STEEL CORPORATION, a corporation, Eual A. Messick, Daisy C. Messick, and S.E. Reynolds, State Engineer of New Mexico, Applicants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied April 26, 1968.


Attorney(s) appearing for the Case

Robertson & Robertson, Raton, Montgomery, Federici & Andrews, Richard S. Morris, Santa Fe, for appellant.

John F. Russell, Roswell, Wright & Kastler, Raton, for appellee, Kaiser Steel Corp.

Boston E. Witt, Atty. Gen., F. Harlan Flint, Peter B. Shoenfeld, Sp. Asst. Attys. Gen., Santa Fe, for S.E. Reynolds, State Engineer.


OPINION

CARMODY, Justice.

The district court affirmed the state engineer's approval of Kaiser Steel's application to change the point of diversion of certain adjudicated water rights, and W.S. Ranch appeals.

Although there are other connected topics, the basic issue has to do with the meaning and effect to be given to the final decree which adjudicated the water rights of the Vermejo Stream System in 1941. Under the decree, the maximum duty of water...

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