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TURNER v. BASSETT

No. 28,317.

111 P.3d 701 (2005)

137 N.M. 381

2005-NMSC-009

WILLIAM M. TURNER, in his official capacity as Trustee of and on behalf of Manzano Resources, an express, common law business trust, and Westwater Resources, an express, common law business trust, Plaintiffs-Respondents, 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, L.L.C., 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-Petitioners.

Supreme Court of New Mexico.

March 7, 2005.

Attorney(s) appearing for the Case

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

Wolf, Taylor & McCaleb, P.A., Jolene Lucille McCaleb, Elizabeth Newlin Taylor, Wayne C. Wolf, Albuquerque, NM, for Respondents.

D.L. Sanders, R. Bruce Frederick, Santa Fe, NM, for Amicus Curiae Office of the State Engineer.

OPINION

BOSSON, Justice.

{1} Fourteen years after the sale of a parcel of land in Edgewood, New Mexico, a dispute arose between the buyer, William Turner (Turner), and the sellers, the Bassetts, as to the ownership of associated water rights. Following a hearing, the district court granted summary judgment in favor of the Bassetts, finding in relevant part that the water rights had been properly severed from the land prior to its sale, and that even if the...

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