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VILLAGE OF WAGON MOUND v. MORA TRUST

Nos. 21,827, 21,917.

62 P.3d 1255 (2002)

133 N.M. 373

2003-NMCA-035

VILLAGE OF WAGON MOUND, a New Mexico Municipal Corporation, Plaintiff/Third-Party Defendant, Appellee, v. The MORA TRUST, Defendant/Third-Party Defendant, Appellant, v. Earl Berlier and Glenda Berlier, husband and wife, and Wagon Mound Ranch, L.L.C., a Kansas limited liability company, Intervenors/Third-Party Plaintiffs, Appellees.

Court of Appeals of New Mexico.

Certiorari Denied January 31, 2003.

Attorney(s) appearing for the Case

Stephen S. Hamilton, Montgomery & Andrews, P.A., Santa Fe, NM, for Plaintiff/Third-Party Defendant, Appellee.

Jerry Wertheim, Jerry Todd Wertheim, Carol A. Clifford, Jones, Snead, Wertheim, Wentworth & Jaramillo, P.A., Santa Fe, NM, for Defendant/Third-Party Defendant, Appellant.

Charles T. DuMars, Christina Bruff DuMars, Law & Resource Planning Associates, P.C., Albuquerque, NM, for Intervenors/Third-Party Plaintiffs, Appellees.

Randall D. Van Vleck, Santa Fe, NM, for Amicus Curiae New Mexico Municipal League, Inc.

Edward G. Newville, Special Assistant Attorney General, Office of the State Engineer, Santa Fe, NM, for Amicus Curiae New Mexico State Engineer.

Certiorari Denied, No. 27,864, January 31, 2003.

OPINION

BUSTAMANTE, Judge.

{1} For a period of at least sixty-five years the Santa Clara Spring (the Spring) has been the sole source of water for the Village of Wagon Mound (the Village), the Mora Trust (the Trust) properties, and the lands owned by Earl and Glenda Berlier and their Wagon Mound Ranch, L.L.C. (the Berliers). A dispute arose between the Village, the Trust, and the Berliers as...

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