State Ex Rel. Reynolds v. South Springs Co.

OPINION

TACKETT, Justice.

This suit was brought in the District Court of Chaves County seeking a declaratory judgment. The court, sitting without a jury, considered the stipulations and testimony and entered judgment for plaintiff, declaring the defendants had lost their water rights by abandonment, forfeiture or nonuse.

The action was filed May 25, 1967. The State of New Mexico, ex rel. the State Engineer, alleged that defendants were owners of the NE}4 SEj4 and SEJ4 NE>4 Sec. 22, and that portion of the N}^ and Nj4Si/á, Sec. 23, lying west of the railroad, all within Twp. 11 S., R. 24 E.,…