Olson v. H & B PROPERTIES, INC.

OPINION

FROST, Justice.

Plaintiff-Appellee Olson filed a declaratory action against Defendanb-Appellant H & B Properties, Inc. (“H & B”) seeking an equitable reallocation of irrigation ditch usage rights in the Mimbres Valley Swarts Community Ditch Irrigation System, also known as the Swarts West Side Ditch (“Swarts ditch”). The district court granted summary judgment for Olson and eliminated three days of H & B’s ditch usage. Based upon the cessation of purpose doctrine of the law of easements, we affirm.

FACTS

Olson and H & B own adjacent real property in Grant County, New Mexico. Both own…