STATE EX REL. REYNOLDS v. NICCUM

No. 14810.

695 P.2d 480 (1985)

102 N.M. 330

STATE of New Mexico, ex rel. S.E. REYNOLDS, State Engineer, and Pecos Valley Artesian Conservancy District, Plaintiffs-Appellees, v. Forrest NICCUM and Rose Ranch, Inc., d/b/a Hondo Ranch, Defendants-Appellants.

Supreme Court of New Mexico.

February 18, 1985.


Attorney(s) appearing for the Case

Burroughs & Rhodes, Jefferson R. Rhodes, Alamogordo, for defendants-appellants.

Dan Sanchez, Sp. Asst. Atty. Gen., Santa Fe, for State Engineer.

John F. Russell, Roswell, for Pecos Valley Artesian Conservancy Dist.


OPINION

SOSA, Senior Justice.

The State of New Mexico brought suit in Chaves County to adjudicate water rights in the Rio Hondo, Rio Ruidoso and Rio Bonito stream systems, all tributaries of the Pecos River in the Pecos Valley Artesian Basin. Twice the matter was referred by the court to special masters and hearings were held in 1976 and 1981. Both special masters, after hearing relevant evidence, came to similar conclusions supporting the State Engineer...

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