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STATE EX REL. REYNOLDS v. LUNA IRRIGATION COMPANY

No. 8783.

458 P.2d 590 (1969)

80 N.M. 515

STATE of New Mexico ex rel. S.E. REYNOLDS, State Engineer, Plaintiff-Appellee, v. LUNA IRRIGATION COMPANY, Defendant-Appellant.

Supreme Court of New Mexico.

September 8, 1969.

Attorney(s) appearing for the Case

Robertson & Reynolds, Silver City, for defendant-appellant.

James A. Maloney, Atty. Gen., F. Harlan Flint, Paul L. Bloom, Sp. Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

COMPTON, Justice.

The decisive question is whether waters released from storage in Lake Luna in Arizona and thereafter flow downstream in New Meixco are public waters within the meaning of § 75-1-1, N.M.S.A. 1953, which provides:

"All natural waters flowing in streams and watercourses, whether such be perennial, or torrential, within the limits of the state of New Mexico, belong to the public...

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