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STATE ENG'R OF NEW MEXICO v. DIAMOND K BAR

No. S-1-SC-35446.

385 P.3d 626 (2016)

2016-NMSC-036

STATE ENGINEER OF NEW MEXICO, Plaintiff-Respondent, v. DIAMOND K BAR RANCH, LLC, and Raymond L. Kysar, Jr. and Patsy Sue Kysar, In their capacity as Trustees of The Raymond L. and Patsy Sue Kysar, Jr. Living Trust, Defendants-Petitioners.

Supreme Court of New Mexico.

Filing Date: September 22, 2016.

Attorney(s) appearing for the Case

Victor R. Marshall & Associates, P.C., Victor Riton Marshall , Albuquerque, NM, for Petitioners.

Office of the State Engineer, Gregory C. Ridgley , Special Assistant Attorney General, L. Christopher Lindeen , Special Assistant Attorney General, Santa Fe, NM, Abramowitz, Franks & Olsen, Brett Justin Olsen , Special Assistant Attorney General, Fort Collins, CO for Respondent.

OPINION

{1} Water is both a scarce and a vital resource in New Mexico, and its responsible management is crucially important to all New Mexicans. In this appeal, we address the scope of the New Mexico State Engineer's regulatory authority over use of surface water in New Mexico when it has been diverted...

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