STATE EX REL. MARTINEZ v. CITY OF LAS VEGAS

No. 22,283.

89 P.3d 47 (2004)

135 N.M. 375

2004-NMSC-009

STATE of New Mexico, ex rel. Eluid L. MARTINEZ, State Engineer, Plaintiff-Respondent, v. CITY OF LAS VEGAS, Defendant-Petitioner.

Supreme Court of New Mexico.

April 7, 2004.


Attorney(s) appearing for the Case

White, Koch, Kelly & McCarthy, P.A., Paul L. Bloom, Benjamin Phillips, Santa Fe, NM, for Petitioner.

Office of the State Engineer, D.L. Sanders, General Counsel, Christopher Bulman, Special Assistant Attorney General, Santa Fe, NM, for Respondent.

Community & Indian Legal Services, Inc., David Benavides, Margret Carde, Santa Fe, NM, for Amicus Curiae Acequias.

Kastler Law Offices, Ltd., Paul A. Kastler, Raton, NM, Law & Resource Planning Associates, P.C., Charles T. DuMars, David Seeley, Albuquerque, NM, Amicus Curiae Storrie Project Water Users Association.


OPINION

SERNA, Justice.

{1} In Cartwright v. Public Service Co. of New Mexico, 66 N.M. 64, 79-85, 343 P.2d 654, 664-69 (1958), this Court adopted the pueblo rights doctrine. Under this doctrine, municipalities that are the successors-in-interest to colonization pueblos established by antecedent sovereigns possess a pueblo water right. This water right entitles a municipality...

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