STATE EX REL. MARTINEZ v. LEWIS

No. 14559.

882 P.2d 37 (1994)

118 N.M. 446

STATE of New Mexico, ex rel., Eluid MARTINEZ, State Engineer; and the Pecos Valley Artesian Conservancy District, Plaintiffs-Appellees, v. L.T. LEWIS, et al., United States of America, Defendants-Appellants.

Court of Appeals of New Mexico.

July 19, 1994.


Attorney(s) appearing for the Case

Stephen R. Farris, Sp. Asst. Atty. Gen., Engineer's Office, Santa Fe, for plaintiffs-appellees.

Richard A. Simms, Jay F. Stein, Simms & Stein, P.A., Santa Fe, for defendants-appellants.


OPINION

BLACK, Judge.

The previous opinion of the Court, filed on May 17, 1994, is withdrawn, and the following is substituted.

Appellants, members of the Corn family, claim groundwater rights relating back to claimed 1894 surface water rights for Arroyo del Macho and 1902 surface water rights for Salt Creek. The trial court ruled that Appellants failed to prove the applicability of the relation back doctrine. On appeal, Appellants argue that...

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