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MIMBRES VALLEY IRR. CO. v. SALOPEK

No. 11094.

564 P.2d 615 (1977)

90 N.M. 410

MIMBRES VALLEY IRRIGATION CO., Plaintiff-Appellee, v. Tony SALOPEK et al., Defendants-Appellees, v. DEPARTMENT OF AGRICULTURE FOREST SERVICE, Defendant-Appellant, State of New Mexico, Plaintiff-in-Intervention-Appellee.

Supreme Court of New Mexico.

May 23, 1977.

Attorney(s) appearing for the Case

Victor Ortega, U.S. Atty., James B. Grant, Asst. U.S. Atty., Albuquerque, Peter R. Steenland, Jr., Land & Natural Resources Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Toney Anaya, Atty. Gen., Paul L. Bloom, Richard A. Simms, Asst. Attys. Gen., Santa Fe, for State of New Mexico, intervenor.

J. Wayne Woodbury, Ben Shantz, Silver City, for appellees.

OPINION

PAYNE, Justice.

This suit was filed in 1966 as a private action to enjoin alleged illegal diversions of the Rio Mimbres which flows through the Gila National Forest in southwest New Mexico. In 1970 the State of New Mexico, on the relation of the State Engineer and pursuant to § 75-4-4, N.M.S.A. 1953 (Repl. Vol. 11, Pt. 2, 1968), filed a complaint-in-intervention seeking a general adjudication of water rights in the Rio Mimbres and its tributaries...

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