STATE of New Mexico ex rel. Eluid L. MARTINEZ, State Engineer, Plaintiff-Appellee,
v.
KERR-McGEE CORPORATION, et al., Defendants-Appellees,
Pueblo of Acoma and The United States of America, Pueblo of Laguna, Defendants-Appellants.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
April 10, 1995.
Certiorari Denied June 29, 1995.
Attorney(s) appearing for the Case
Peter C. Chestnut, Ann Berkley Rodgers, Chestnut Law Offices, Albuquerque, for Pueblo of Acoma/defendants-appellants.
Lester K. Taylor, Teresa Isabel Leger, Nordhaus, Haltom, Taylor, Taradash & Frye, Santa Fe, for Pueblo of Laguna/defendants-appellants.
John J. Kelly, U.S. Atty., Herbert A. Becker, Asst. U.S. Atty., U.S. Dept. of Justice, Albuquerque, and Ellen J. Durkee, Appellate Section Environmental and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for U.S. defendant-appellant.
Martha C. Franks, Sp. Asst. Atty. Gen., State Engineer Office, Santa Fe, for State of N.M. ex rel. Eluid L. Martinez, State Engineer.
Sunny J. Nixon, William P. Templeman, Carpenter, Comeau, Maldegen, Brennan, Nixon & Templeman, Santa Fe, for Plains Elec. Generation and Transmission Co-op., Inc./defendants-appellees.
Galen M. Buller, Grace Philips, Montgomery & Andrews, P.A., Santa Fe, for El Paso Natural Gas Co./defendants-appellees.
Benjamin Phillips, Paul L. Bloom, White, Koch, Kelly & McCarthy, P.A., Santa Fe, for Bluewater-Toltec Irr. Dist. and individuals and entities listed in Motion to substitute Counsel filed Oct. 30, 1990/defendants-appellees.
Court of Appeals of New Mexico.
OPINION
BOSSON, Judge.
The Pueblos of Laguna and Acoma ("the Pueblos") are parties to an ongoing adjudication of water rights initiated by the New Mexico State Engineer against all claimants to the Rio San Jose stream system in Cibola County, New Mexico. On the State Engineer's motion, the district court granted partial summary judgment against the Pueblos based on theories of issue and claim preclusion...
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