LA MADERA COMM. DITCH ASS'N v. SANDIA PEAK

No. 15435.

893 P.2d 487 (1995)

119 N.M. 591

LA MADERA COMMUNITY DITCH ASSOCIATION, Steve High, and Samuel H. Bregman, II, Petitioners-Appellants, v. SANDIA PEAK SKI COMPANY, Respondent-Appellee.

Court of Appeals of New Mexico.

March 7, 1995.


Attorney(s) appearing for the Case

Jacqueline De Oliveira Bregman, Albuquerque, for petitioners-appellants.

Lester K. Taylor, Teresa Isabel Leger, Nordhaus, Haltom, Taylor, Taradash & Frye, Albuquerque, for respondent-appellee.

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


OPINION

FLORES, Judge.

La Madera Community Ditch Association and two of its watershed system water users (collectively, La Madera) appeal from the district court's order dismissing their case. The sole issue on appeal is whether La Madera was required to seek a full stream adjudication before the district court could consider its trespass claim and thus, whether the district court erred in dismissing La Madera's petition for trespass for failure to...

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