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STATE EX REL. OFFICE OF STATE v. U.S.

No. 30,824.

296 P.3d 1217 (2012)

2013-NMCA-023

STATE of New Mexico ex rel. OFFICE OF the STATE ENGINEER, Thomas C. Turney, Plaintiffs-Appellees, v. UNITED STATES of America, Elephant Butte Irrigation District, City of El Paso, New Mexico State University, Stahman Farms, Other Claimants to be Determined, and Unknown Claimants, Defendants, and John D. Baca, Subfile Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, January 11, 2013, No. 33,918.

Attorney(s) appearing for the Case

DL Sanders , Special Assistant Attorney General, Richard A. Allen , Special Assistant Attorney General, Martha C. Franks , Special Assistant Attorney General, Santa Fe, NM, for Appellees.

Peters Law Firm, LLC, Lee E. Peters , Las Cruces, NM, for Appellant.

OPINION

FRY, Judge.

{1} This case involves a dispute over ownership of a ground water right on approximately twenty-eight acres of elevated bench lands on Appellant John D. Baca's farm property in Salem, New Mexico. In the course of a subfile proceeding initiated by the Office of the State Engineer (OSE) in order to determine ownership of water rights on Baca's farm, the district court appointed a special master to try the matter. The special...

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