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McCASLAND v. MISKELL

No. 15295.

890 P.2d 1322 (1994)

119 N.M. 390

Dallas Martin McCASLAND, and Irene Alma McCasland, Plaintiffs-Appellees, v. Jack Thomas MISKELL, Seven Rivers Cattle & Commodities, Inc., and Zia Feedlot, Inc., Defendants-Appellants.

Court of Appeals of New Mexico.

December 2, 1994.

Attorney(s) appearing for the Case

W.T. Martin, Jr., Law Offices of W.T. Martin, Jr., P.A., Carlsbad, for defendants-appellants Seven Rivers Cattle & Commodities, Inc. and Zia Feedlot, Inc.

Kelly Mack Cassels, Sanders, Bruin, Coll & Worley, P.A., Roswell, for plaintiffs-appellees.

Rebecca Dempsey, Sp. Asst. Atty. Gen., Santa Fe, for amicus curiae State Engineer.

OPINION

DONNELLY, Judge.

Appellants, Seven Rivers Cattle and Commodities, Inc. and Zia Feedlot, Inc., appeal from a judgment of the district court declaring Dallas M. and Irene A. McCasland (the McCaslands) to be the owners of 28.74 acre-feet of Hagerman Canal irrigation ditch water rights and upholding the transfer of such water rights to other realty. We discuss whether the district court erred (1) in finding that the McCaslands were the owners...

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