TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC., Plaintiff-Respondent and Cross-Petitioner,
v.
John D'ANTONIO, Jr., New Mexico State Engineer, Defendant-Petitioner and Cross-Respondent.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
Hennighausen & Olsen, L.L.P., Arnold J. Olsen , Alvin F. Jones , Roswell, NM, for Amicus Curiae Pecos Valley Artesian Conservancy District.
Law Office of Steven L. Hernandez, PC, Steven L. Hernandez , Las Cruces, NM, Law Office of Beverly Singleman, Beverly J. Singleman , Mesilla Park, NM, for Amici Curiae Elephant Butte Irrigation District and Carlsbad Irrigation District.
Peters Law Firm, LLC, Lee E. Peters , Las Cruces, NM, for Amicus Curiae New Mexico Cattle Growers Association.
Supreme Court of New Mexico.
OPINION
DANIELS, Justice.
{1} This case calls upon us to determine whether NMSA 1978, Section 72-2-9.1 (2003), provided a constitutional delegation of authority for the Office of the State Engineer to adopt new regulations to administer water resources according to administrative interim priority determinations based on a number of factors. The district court and Court of Appeals concluded that it did not and that the State Engineer's lawful...
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