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STATE v. ROMERO

No. S-1-SC-37903.

521 P.3d 56 (2022)

2022-NMSC-022

STATE of New Mexico EX REL. OFFICE OF THE STATE ENGINEER, Plaintiff-Respondent, v. Toby ROMERO, Defendant-Petitioner, and Elephant Butte Irrigation District et al., Defendants.

Supreme Court of New Mexico.

Filing Date: September 26, 2022.

Attorney(s) appearing for the Case

Domenici Law Firm, P.C., Peter V. Domenici, Jr. , Reed C. Easterwood , Albuquerque, NM, for Petitioner.

New Mexico Office of the State Engineer, Gregory C. Ridgley , General Counsel, Richard Arthur Allen , Deputy General Counsel, A. Nathaniel Chakeres , Deputy General Counsel, Santa Fe, NM, Martha Clark Franks, Special Assistant Attorney General Fort Collins, CO, for Respondent.

OPINION

{1} According to our Constitution and our courts, beneficial use of water is "the basis, the measure and the limit" of a continued water right. N.M. Const. art. XVI, § 3; State ex rel. Reynolds v. S. Springs Co., 1969-NMSC-023, ¶ 15, 80 N.M. 144,

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