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MIMBRES VALLEY IRRIGATION CO. v. SALOPEK

No. 25,570.

140 P.3d 1117 (2006)

140 N.M. 168

2006-NMCA-093

MIMBRES VALLEY IRRIGATION CO., Plaintiff, v. Tony SALOPEK, et al., Defendants, State of New Mexico ex rel. State Engineer, Plaintiff-In-Intervention-Appellee, v. San Lorenzo Community Ditch Association, Defendant-Appellant.

Court of Appeals of New Mexico.

June 29, 2006.

Attorney(s) appearing for the Case

Office of the State Engineer, DL Sanders, Chief Counsel, Francis L. Reckard, Special Assistant Attorney General, Tracy L. Hofmann, Special Assistant Attorney General, Santa Fe, NM, for Appellee.

Peter Thomas White, Santa Fe, NM, for Appellant.

OPINION

VIGIL, Judge.

{1} This case involves a mandamus action brought in the district court seeking to enforce adjudicated rights to water in the Mimbres River Stream System in southwestern New Mexico. San Lorenzo Community Ditch Association appeals from a district court order quashing a peremptory writ of mandamus after the district court determined that a peremptory writ of mandamus was not proper because the pleadings raised issues of fact...

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