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TURNER v. BASSETT

No. 22,877.

81 P.3d 564 (2003)

134 N.M. 621

2003-NMCA-136

William M. TURNER, in his official capacity as Trustee of and on behalf of Manzano Resources, an express, common law business trust, and West-Water Resources, an express, common law business trust, Plaintiffs-Appellants, v. Carroll G. BASSETT, Gordon R. Bassett, James N. Bassett, Bassett Brothers Water Sales Company, Hydro Source, Inc., a New Mexico Corporation, Estancia Basin Water Supply, LLC, a New Mexico Limited Liability Company, Edgewood Water Cooperative, Inc., a Non-Profit New Mexico Corporation and All Unknown Claimants of Interest in the Water Rights Adverse to Plaintiffs, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted November 6, 2003.

Attorney(s) appearing for the Case

Elizabeth Newlin Taylor, Jolene L. McCaleb, Wolf, Taylor & McCaleb, P.A., Albuquerque, for Appellants.

Susan C. Kery, Ray M. Vargas, II, Sheehan, Sheehan & Stelzner, P.A., Albuquerque, for Appellees.

DL Sanders, General Counsel, Tanya L. Scott, Special Assistant Attorney General, Santa Fe, for Amicus Curiae New Mexico State Engineer.

Certiorari Granted, No. 28,317, November 6, 2003.

OPINION

BUSTAMANTE, J.

{1} This case arises from a dispute over the ownership of water rights following a sale of land (the property) pursuant to a real estate contract to Manzano Resources. William M. Turner, in his official capacity as Trustee of Manzano Resources and Westwater Resources (Turner), filed suit to quiet title to the water rights at issue...

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