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HANSON v. TURNEY

No. 22,851.

94 P.3d 1 (2004)

136 N.M. 1

2004-NMCA-069

Mabel HANSON and Hanson Enterprises, Inc., Plaintiffs-Appellants, v. Thomas C. TURNEY, New Mexico Office of the State Engineer, Defendant-Appellee.

Court of Appeals of New Mexico.

April 1, 2004.

Attorney(s) appearing for the Case

Peter B. Rames, Albuquerque, for Appellants.

Susanne Hoffman-Dooley, New Mexico Office of the State Engineer, Santa Fe, for Appellee.

OPINION

BUSTAMANTE, J.

{1} NMSA 1978, § 72-12-7(A) (1985) allows the owner of a "water right" to change the use of the water. Plaintiff Mabel Hanson had two permits to appropriate water but never put the water to beneficial use. When she filed applications to change the use from irrigation to subdivision use, the State Engineer denied her requests, reasoning that her failure to put the water to beneficial use meant that there was no "water right...

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