ELDORADO v. STATE EX REL. D'ANTONIO

No. 24,424.

110 P.3d 76 (2005)

137 N.M. 268

2005-NMCA-041

ELDORADO UTILITIES, INC., Plaintiff-Appellant, v. STATE of New Mexico ex rel. John D'ANTONIO, P.E., State Engineer, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 12, 2005.


Attorney(s) appearing for the Case

Peter B. Shoenfeld, Peter B. Shoenfeld, P.A., Santa Fe, NM, for Appellant.

DL Sanders, Chief Counsel, Randall W. Childress, Special Assistant Attorney General, Office of the State Engineer, Santa Fe, NM, for Appellee.


Certiorari Denied, No. 29,129, April 12, 2005.

OPINION

PICKARD, Judge.

{1} This case involves NMSA 1978, § 72-12-5 (1931), which provides that claimants of a vested water right from underground sources may file declarations of their claims with the State Engineer and further provides that such declarations are prima facie evidence of the claims. See also NMSA 1978, § 72-1-3 (1961) (providing for declarations of surface water...

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