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OFFICE OF STATE ENGINEER v. LEWIS

No. 25,522.

150 P.3d 375 (2006)

2007-NMCA-008

STATE of New Mexico ex rel. OFFICE OF the STATE ENGINEER and Pecos Valley Artesian Conservancy District, Plaintiffs-Appellees, v. L.T. LEWIS et al., Defendants-Appellants, and United States of America and Carlsbad Irrigation District, Defendants-Appellees.

Court of Appeals of New Mexico.

November 16, 2006.

Attorney(s) appearing for the Case

DL Sanders, Special Assistant Attorney General, Tanya Trujillo, Special Assistant Attorney General, William S. Cassel, Special Assistant Attorney General, Office of the State Engineer, Santa Fe, NM, for Appellee State of New Mexico ex rel. State Engineer.

Hinkle, Hensley, Shanor & Martin, L.L.P., Stuart D. Shanor, Roswell, NM, Hennighausen & Olsen, L.L.P., Fred H. Hennighausen Roswell, NM, Richard A. Simms, Hailey, ID, for Appellee Pecos Valley Artesian Conservancy District.

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

Hubert & Hernandez, P.A., Beverly J. Singleman, Las Cruces, NM for Appellee Carlsbad Irrigation District.

OPINION

SUTIN, Judge.

{1} The Pecos River, flowing from north (upstream) to south (downstream) in New Mexico and then into Texas, has challenged water experts for well over a hundred years, without meaningful resolution of the issues of rampant usage with attendant shortages.

{2} In significant part, the Pecos River issues have revolved around: (1) the competing claims of downstream, senior surface water users in the Carlsbad, New Mexico area and...

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