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STATE EX REL. MARTINEZ v. CITY OF LAS VEGAS

No. 14647.

880 P.2d 868 (1994)

118 N.M. 257

STATE of New Mexico ex rel. Eluid L. MARTINEZ, State Engineer, Plaintiff-Appellee/Cross-Appellant, v. CITY OF LAS VEGAS, Defendant-Appellant/Cross-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted August 26, 1994.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Peter Thomas White, Sp. Asst. Atty. Gen., Martha C. Franks, Rebecca Dempsey, Sp. Asst. Attys. Gen., Santa Fe, for plaintiff-appellee/cross-appellant.

Paul L. Bloom, Benjamin Phillips, White, Koch, Kelly & McCarthy, P.A., Santa Fe, for defendant-appellant/cross-appellee.

Neil C. Stillinger, Eric Richard Biggs, Santa Fe, for amici curiae, Gallinas Canal and Storage Co., Grzelachowski Ditch Ass'n, Los Vigiles Community Ditch Ass'n, and Hoyt Roy, individually.

OPINION

APODACA, Judge.

The City of Las Vegas (the City) appeals and the State Engineer cross-appeals the trial court's order recognizing the City's claim to water rights under the "pueblo rights doctrine." The City relies on Cartwright v. Public Service Co., 66 N.M. 64, 343 P.2d 654 (1958) (Cartwright I), which held that successors-in-interest to Spanish and Mexican colonization...

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