STATE EX REL. STATE ENG'R v. ELEPHANT BUTTE

No. 30,584.

287 P.3d 324 (2012)

2012-NMCA-090

STATE of New Mexico ex rel. OFFICE OF The STATE ENGINEER, Plaintiff-Appellee, v. ELEPHANT BUTTE IRRIGATION DISTRICT, Defendant, and Tomas J. Gonzalez, Mariana A. Gonzalez, Don P. Gonzalez, Santiago Gonzalez, and Ramona Gonzalez-Jimenez, Defendants-Appellants, and Bonnie Mayorga, Donaciano E. Gonzalez, Adrian R. Gonzalez, Bertha D. Torazas, and Andrea Gonzalez Ogaz, Sub-File Defendants/Appellants.

Court of Appeals of New Mexico.

Certiorari Denied, August 6, 2012, No. 33,646.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, DL Sanders , Special Assistant Attorney General, Richard A. Allen , Special Assistant Attorney General, Martha C. Franks , Special Assistant Attorney General, Santa Fe, NM, for Appellee.

Deschamps & Kortemeier Law Offices, P.C., Stephen Karl Kortemeier , Socorro, NM, for Appellants.


OPINION

SUTIN, Judge.

{1} The bifurcated part of this case involving solely the issues of abandonment and forfeiture of water rights was tried by a special master. A special master determined that Defendants' irrigation rights were abandoned and forfeited, and recommended "that the [c]ourt enter judgment determining that [D]efendants ... have no surface or [groundwater] rights appurtenant to the Property for the purpose of irrigation[.]" The...

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