WALKER v. U.S.

No. 29,544.

162 P.3d 882 (2007)

2007-NMSC-038

Roy WALKER and Shellie Walker, Plaintiffs, v. UNITED STATES, Defendant.

Supreme Court of New Mexico.

June 21, 2007.


Attorney(s) appearing for the Case

John Benbow Draper, Montgomery & Andrews, P.A., Santa Fe, NM, Lyman Daniel Bedford, Michael J. Van Zandt, McQuaid, Bedford & Van Zandt, L.L.P., San Francisco, CA, for Plaintiffs.

John W. Zavitz, Office of the U.S. Attorney, Albuquerque, NM, Kathryn E. Kovacs, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Defendant.

Eric Jantz, New Mexico Environmental Law Center, Santa Fe, NM, John Echeverria, Georgetown Environmental Law & Policy Institute, Washington, DC, Joseph Feller, College of Law, Arizona State University, Tempe, AZ, Thomas D. Lustig, National Wildlife Federation, Boulder, CO, for Amici Curiae New Mexico Wildlife Federation, New Mexico Council of Trout Unlimited, and The National Wildlife Federation.

Ted J. Trujillo, Adan E. Trujillo, Law Offices of Ted J. Trujillo, Espanola, NM, for Amicus Curiae Northern New Mexico Stockman's Association.

Paul M. Kienzle, III, Scott & Kienzle, P.A., Albuquerque, NM, for Amicus Curiae Paragon Foundation, Inc.

Daniel A. Bryant, Daniel A. Bryant, P.A., Ruidoso, NM, for Amici Curiae Otero County and the Arizona New Mexico Coalition of Counties.

D.L. Sanders, Special Assistant Attorney General, R. Bruce Frederick, Special Assistant Attorney General, Office of the State Engineer, Santa Fe, NM, for Amicus Curiae John R. D'Antonio, Jr., New Mexico State Engineer.

Lee E. Peters, Hubert & Hernandez, P.A., Las Cruces, NM, for Amici Curiae New Mexico Cattle Growers' Association, New Mexico Farm and Livestock Bureau, New Mexico Federal Lands Council, and Fee and Public Land Association.

David A. Garcia, David A. Garcia, L.L.C., Albuquerque, NM, Joshua D. McMahon, Mountain States Legal Foundation, Lakewood, CO, for Amicus Curiae Mountain States Legal Foundation.


OPINION

BOSSON, Justice.

{1} We are asked to answer two questions certified to us by the United States Court of Federal Claims, pursuant to Rule 12-607 NMRA:

1. Does the law of the State of New Mexico recognize a limited forage right implicit in a vested water right? 2. Does the law of the State of New Mexico recognize a limited forage right implicit in a right-of-way for the maintenance and enjoyment of a vested water right...

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