HYDRO RESOURCES CORP. v. GRAY

No. 29,931.

173 P.3d 749 (2007)

2007-NMSC-061

HYDRO RESOURCES CORPORATION, a New Mexico corporation, Plaintiff-Respondent, v. Harris GRAY and William J. Frost, Defendants-Petitioners.

Supreme Court of New Mexico.

November 9, 2007.


Attorney(s) appearing for the Case

Law & Resource Planning Associates, P.C., Stephen Curtice, Charles Thomas DuMars, Christina Bruff DuMars, Tanya L. Scott, Albuquerque, NM, for Petitioners.

Law Offices of Nancy L. Simmons, P.C., Nancy L. Simmons, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Timothy J. De Young, Stuart R. Butzier, L. Michael Messina, P.A., L. Michael Messina, Albuquerque, NM, for Respondent.


OPINION

BOSSON, Justice.

{1} This appeal involves a dispute over ownership of water rights developed by a mining lessee in connection with certain mining claims owned by the lessor. The district court granted summary judgment in favor of the lessor's successor in interest, quieting title in that party to the disputed water rights, and the Court of Appeals affirmed. We granted certiorari to clarify that under most circumstances, including mining...

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