Legal Opinion

State Ex Rel. State Engineer v. Lewis

New Mexico Court of Appeals

Decided November 28, 1995No. 16349PublishedCited by 14 opinions

1Opinion of the Court

OPINION

BLACK, Judge.

The opinion filed October 27, 1995 is withdrawn and the following is substituted therefor. The State Engineer’s petition for rehearing is denied.

Mrs. George Thomas Smith (Smith) is the owner of the Terrell Ranch which sits astride the headwaters of the Gallinas River. Smith diverts and/or impounds surface waters of the Gallinas River in fourteen small ponds used for stock watering and/or recreational purposes. The State Engineer maintains such waters are subject to his jurisdiction and Smith has no right to impound such water without a permit from his office. The district…

2Cases cited16 opinions

  1. State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
  2. State Ex Rel. Clark v. JohnsonNew Mexico Supreme Court · 1995
  3. Morningstar Water Users Ass'n v. New Mexico Public Utility CommissionNew Mexico Supreme Court · 1995
  4. Stinbrink v. Farmers Ins. Co. of ArizonaNew Mexico Supreme Court · 1990
  5. V.P. Clarence Co. v. ColgateNew Mexico Supreme Court · 1993

11 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. RiveraNew Mexico Supreme Court · 2003
  2. Rutherford v. Chaves CountyNew Mexico Supreme Court · 2003
  3. Anthony Water & Sanitation District v. TurneyNew Mexico Court of Appeals · 2002
  4. STATE EX REL. CYFD v. Anne McD.New Mexico Court of Appeals · 2000
  5. Aguilera v. Board of EducationNew Mexico Court of Appeals · 2005

9 more not listed; retrieve them via the Exa API.

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