STATE of New Mexico EX REL. STATE ENGINEER, Plaintiff-Appellee,
v.
UNITED STATES of America, Defendant-Appellee,
v.
Navajo Nation, Defendant/Intervenor-Appellee,
v.
San Juan Agricultural Water Users Association, Hammond Conservancy District, Bloomfield Irrigation District, and Various Ditches and Various Members Thereof, Defendants-Appellants.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
Filing Date: April 3, 2018.
Certiorari Granted, August 13, 2018, No. S-1-SC-37068.
Certiorari Denied, August 13, 2018, No. S-1-SC-37100.
Attorney(s) appearing for the Case
Arianne Singer , Special Assistant Attorney General, Santa Fe, NM, Utton & Kery, P.A., John W. Utton , Special Assistant Attorney General, Santa Fe, NM, for Appellee State of New Mexico, New Mexico Office of the State Engineer.
United States Department of Justice Appellate Section, Environment & Natural Resources Division, John C. Cruden , Assistant Attorney General, Andrew J. Guarino , Mark R. Haag , Washington, D.C., for Appellee United States of America.
Victor R. Marshall & Associates, P.C., Victor R. Marshall , Albuquerque, NM, for Appellants San Juan Agricultural Water Users, Hammond Conservancy District, Bloomfield Irrigation District, and Various Ditches and Various Members Thereof.
Stein & Brockmann, P.A., James C. Brockmann , Jay F. Stein , Santa Fe, NM, for Bernalillo County Water Utility Authority, City of Española, and City of Gallup.
Tully Law Firm, P.A., Richard T.C. Tully , Farmington, NM, for B Square Ranch; Bolack Minerals Company, a/k/a Bolack Minerals Company Limited Partnership; Estate of Tom Bolack; a/k/a Thomas Felix Bolack, Deceased; Bolack Minerals Foundation; Tommy Bolack Revocable Trust; Estate of Juanita Velasquez, Deceased; David A. Pierce ; Maxine M. Pierce ; David M. Drake ; and Shawna Drake.
Law Office of Priscilla A. Shannon, Priscilla A. Shannon , Farmington, NM, for McCarty Trust et al., Stephen Albert McCarty, Trustee; and Estate of Mary McCarty, a/k/a Mary Louise McCarty, Deceased.
Gary L. Horner, Farmington, NM, Pro Se.
Public Service Company of New Mexico, Mikal M. Altomare , Corporate Counsel, Albuquerque, NM, for Tucson Electric Power Company and Public Service Company of New Mexico.
C. Brad Lane Cates , Fairacres, NM, for Amici Paul Bandy, Steve Neville, and Carl Trujillo.
OPINION
BLACK, Judge.
Factual and Procedural Background
{1} In 1849, after years of intermittent warfare, the United States entered into a peace treaty with the Navajo Tribe (Navajo Nation). See Treaty With the Navaho, September 9, 1849, 9 Stat. 974 (Treaty of 1849). That treaty subjected the Navajo Nation...
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