STATE of New Mexico EX REL. OFFICE OF the STATE ENGINEER, Plaintiff-Appellee,
v.
ELEPHANT BUTTE IRRIGATION DISTRICT et al., Defendants, and
Charles P. Barrett; Melody K. Sears; R. WM. and Nolan Winkler; Robin Tuttle; Robert Shipley; Jim Goton; John and Agnes McGarvie; John and Cindy Cornell; Stanley and Joyce Brodsky; Arlene Lynch; Turner Ranch Properties, LP; and Hillsboro Mutual Domestic Water Consumers Association, Defendants-Appellees/Cross-Appellants, and
Harris Gray, William Frost, and New Mexico Copper Corporation, Defendants-Appellants/Cross-Appellees.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
Filing Date: September 17, 2021.
Filing Date: September 17, 2021.
Attorney(s) appearing for the Case
Gregory C. Ridgley , Acting General Counsel, Richard A. Allen , Special Assistant Attorney General, Santa Fe, NM, for Appellee State of New Mexico ex rel. Office of the State Engineer.
Davidson Law Firm, LLC, Tessa T. Davidson , Corrales, NM, for Appellee Turner Ranch Properties, L.P.
L. Michael Messina PA, L. Michael Messina , Buena Vista, NM, for Amicus Curiae GCM, Inc.
Gallagher & Kennedy, P.A., Dalva L. Moellenberg , Santa Fe, NM, for Amicus Curiae New Mexico Mining Association.
Espinosa & Associates, P.C., Richard D. Barish , Albuquerque, NM, for Amicus Curiae The Sierra Club.
Barncastle Law Firm, LLC, Samantha R. Barncastle , Las Cruces, NM, for Amicus Curiae Elephant Butte Irrigation District.
Somach Simmons & Dunn, PC, Sarah A. Klahn , Denver, CO, for Amicus Curiae State of Texas.
Navajo Nation Department of Justice, Daniel G. Moquin , Principal Attorney, Window Rock , Navajo Nation, AZ, for Amicus Curiae Navajo Nation.
OPINION
BUSTAMANTE, Judge Pro Tempore.
{1} We are presented with thorny issues involving the doctrine of relation and the concept of abandonment in our water jurisprudence. As a matter of first impression in New Mexico, we address how the doctrine of relation and its "diligence" requirement should be applied to large, complex...
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