Legal Opinion

State ex rel. Office of the State Engineer v. Elephant Butte Irrigation District

New Mexico Court of Appeals

Decided August 6, 2012No. 33,646; Docket No. 30,584PublishedCited by 4 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

{1} The bifurcated part of this case involving solely the issues of abandonment and forfeiture of water rights was tried by a special master. A special master determined that Defendants’ irrigation rights were abandoned and forfeited, and recommended “that the [c]ourt enter judgment determining that [Defendants . . . have no surface or [groundwater] rights appurtenant to the Property for the purpose of irrigationf.]” The district court adopted the special master’s report in its entirety. Defendants raise several points of error on appeal of the court’s order adopting the…

2Cases cited20 opinions

  1. Matter of Adoption of DoeNew Mexico Supreme Court · 1984
  2. Yeo v. TweedyNew Mexico Supreme Court · 1929
  3. State Ex Rel. State Game Commission v. Red River Valley Co.New Mexico Supreme Court · 1945
  4. Bannistor v. UllmanCourt of Appeals for the Fifth Circuit · 2002
  5. Hagerman Irrigation Co. v. McMurryNew Mexico Supreme Court · 1911

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3Cited by4 opinions

  1. State Ex Rel. Office of the State Eng'r v. GrayNew Mexico Court of Appeals · 2021
  2. State Ex Rel. State Engineer v. RomeroNew Mexico Court of Appeals · 2019
  3. State ex rel. Off. of St. Eng'r v. RomeroNew Mexico Supreme Court · 2022
  4. State ex rel. Office of State Eng'r v. Elephant Butte Irrigation Dist.New Mexico Court of Appeals · 2012

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