STATE of New Mexico ex rel. STATE ENGINEER, Plaintiff-Appellee, and
United States of America, Jicarilla Apache Nation, Navajo Nation, Ute Mountain Ute Tribe, San Juan Water Commission, and BHP Navajo Coal Company, Defendants/Intervenors-Appellees,
v.
COMMISSIONER OF PUBLIC LANDS for the State of New Mexico, Defendant-Appellant.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
September 24, 2008.
Certiorari Denied, No. 31,377, November 20, 2008.
Attorney(s) appearing for the Case
Gary K. King, Attorney General, DL Sanders, Chief Counsel, Tracy L. Hofmann, Special Assistant Attorney General, Santa Fe, NM, for Appellee.
United States Department of Justice, Environment & Natural Resources Division, Ronald J. Tenpas, Assistant Attorney General, David W. Gehlert, Mark R. Haag, Washington, D.C., for Appellee United States of America.
Holland and Knight, Shenan R. Atcitty, Albuquerque, NM, for Appellee Jicarilla Apache Nation.
Navajo Nation Department of Justice, Stanley M. Pollack, Bidtah Becker, Window Rock, AZ, for Appellee Navajo Nation.
Daniel H. Israel, Boulder, CO for Appellee Ute Mountain Ute Tribe.
Taylor & McCaleb, P.A., Jolene L. McCaleb, Elizabeth Newlin Taylor, Corrales, NM, for Appellee San Juan Water Commission.
Modrall, Sperling, Roehl, Harris & Sisk, P.A., Maria O'Brien, Walter E. Stern, Albuquerque, NM, for Appellee BHP Navajo Coal Company.
New Mexico State Land Office, Robert A. Stranahan, IV, General Counsel, Stephen G. Hughes, Associate Counsel, John L. Sullivan, Associate Counsel, Santa Fe, NM, for Appellant.
Ryley Carlock & Applewhite, James M. Noble, Denver, CO, for Amicus Curiae Freeport-McMoRan Corporation.
Tanya Trujillo, Christopher D. Shaw, Santa Fe, NM, for Amicus Curiae New Mexico Interstate Stream Commission.
Gallegos Law Firm, P.C., J.E. Gallegos, Michael J. Condon, Santa Fe, NM, Terry Goddard, Attorney General, Patrick B. Sigl, Assistant Attorney General, Phoenix, AZ, for Amicus Curiae State of Arizona.
Court of Appeals of New Mexico.
OPINION
WECHSLER, Judge.
{1} This appeal arises from a district court subfile proceeding in the course of a general adjudication of water rights in the San Juan River stream system. At issue is the applicability of the federal reserved water rights doctrine to state lands that the federal government granted and conveyed to New Mexico in trust for the purpose of supporting New Mexican schools. As the manager and acting trustee for New Mexico...
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