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KRM, INC. v. CAVINESS

No. 17117.

925 P.2d 9 (1996)

122 N.M. 389

KRM, INC., a New Mexico corporation, Plaintiff-Appellant, v. Herschel CAVINESS and Gary Caviness, Defendants-Appellees.

Court of Appeals of New Mexico.

September 11, 1996.

Attorney(s) appearing for the Case

Marion J. Craig III, Marion J. Craig III, P.C., Roswell, for Appellant.

Richard F. Rowley III, Rowley Law Firm, P.C., Clovis, for Appellees.

OPINION

BOSSON, Judge.

1. KRM sues the Cavinesses (Caviness) for declaratory judgment. Each of these two parties claims ownership of valuable rights to underground water for commercial use, and each claims to have purchased the same rights from the identical original owner, Williams. The district court determined that the water rights were appurtenant to the land which Caviness bought from Williams, and therefore held that the rights had passed to...

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