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STATE EX REL. REYNOLDS v. LEWIS

No. 10146.

545 P.2d 1014 (1976)

STATE of New Mexico on the relation of S.E. REYNOLDS, State Engineer and Pecos Valley Artesian Conservancy District, Plaintiffs-Appellants, v. L.T. LEWIS et al., Defendants-Appellees.

Supreme Court of New Mexico.

February 9, 1976.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Paul L. Bloom, Peter Thomas White, Richard A. Simms, Agency Asst. Attys. Gen., Santa Fe, John F. Russell, Roswell, for plaintiffs-appellants.

Victor Ortega, U.S. Atty., Albuquerque, Robert L. Klarquist, Asst. Atty. Gen., Dept. of Justice, Washington, D.C., Donald Redd, Asst. Atty. Gen., Land & Natural Resources, Dept. of Justice, Washington, D.C., George E. Fettinger, Kim J. Gottschalk, Alamogordo, amicus curiae, for defendants-appellees.

OPINION

STEPHENSON, Justice.

This appeal arises out of the granting of a motion to dismiss the United States, a fiduciary for the Mescalero Apache Tribe, as a defendant in a general adjudication1 of the Rio Hondo River System. The District Court of Chaves County ruled that New Mexico courts do not have jurisdiction to adjudicate the reserved water rights of the Mescalero Apache Indian Reservation. The plaintiffs, State Engineer...

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