OLSON v. H & B PROPERTIES, INC.

No. 21316.

882 P.2d 536 (1994)

118 N.M. 495

Charles E. OLSON, Plaintiff-Appellee, v. H & B PROPERTIES, INC., Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied October 5, 1994.


Attorney(s) appearing for the Case

Robert C. Floyd, Deming, for appellant.

Campbell, Pica, Olson & Seegmiller, Roger A. Stansbury, Albuquerque, for appellee.

Peter Thomas White, Santa Fe, for amicus curiae New Mexico State Engineer.


OPINION

FROST, Justice.

Plaintiff-Appellee Olson filed a declaratory action against Defendant-Appellant H & B Properties, Inc. ("H & B") seeking an equitable reallocation of irrigation ditch usage rights in the Mimbres Valley Swarts Community Ditch Irrigation System, also known as the Swarts West Side Ditch ("Swarts ditch"). The district court granted summary judgment for Olson and eliminated three days of H & B's ditch usage. Based upon the...

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