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CHALEUNPHONH v. PARKS AND RECREATION

No. 16293.

918 P.2d 717 (1996)

121 N.M. 801

Khampheuy CHALEUNPHONH and Chanthy Chaleunphonh, Individually and as Personal Representatives of Sounthala Mimi Chaleunphonh and Amphonepheth Chaleunphonh, Deceased; Khamphaeng Soukthavone Individually and as Personal Representative of Phetmany Soukthavone, Deceased; Channitha Chaleunphonh; Phouthasenh Chaleunphonh; and Phetdavong Soukthavone, Plaintiffs-Appellants/Cross-Appellees, v. PARKS AND RECREATION DIVISION of the State of New Mexico, Defendant-Appellee/Cross-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied June 20, 1996.

Attorney(s) appearing for the Case

Fred Abramowitz, Albuquerque, Angel Saenz, Las Cruces, for Appellants/Cross-Appellees.

Robert D. Castille, David B. Lawrenz, Simons, Cuddy & Friedman, L.L.P., Santa Fe, for Appellee/Cross-Appellant.

OPINION

HARTZ, Judge.

1. Elephant Butte Reservoir (the Reservoir) was created early this century by federal construction of Elephant Butte Dam on the Rio Grande. The Reservoir stores water for use by the Elephant Butte Irrigation District and the El Paso Irrigation District and for delivery to Mexico pursuant to treaty obligations.1 In 1973 the federal Bureau of Reclamation leased...

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