Legal Opinion
Herrington v. State Ex Rel. Office of the State Engineer
New Mexico Court of Appeals
Decided May 17, 2004No. 23,871PublishedCited by 2 opinions
1Opinion of the Court
OPINION
PICKARD, Judge.
{1} The Herringtons (Applicants) applied to change the point of diversion for their surface water right from an above-ground location to a well. The Office of the State Engineer denied their application, and Applicants appealed to the district court. The district court reviewed the application de novo and denied it, and Applicants appeal. Applicants argue that the district court (1) misapplied the case law governing when such transfers are permissible, (2) erred in failing to find that they had a right to change their point of diversion to a ground water well inherent to…
2Cases cited21 opinions
- State v. AlbericoNew Mexico Supreme Court · 1993
- Azar v. Prudential Insurance Co. of AmericaNew Mexico Court of Appeals · 2003
- Las Cruces Professional Fire Fighters & International Ass'n of Fire Fighters v. City of Las CrucesNew Mexico Court of Appeals · 1996
- Matter of Estate of HeeterNew Mexico Court of Appeals · 1992
- Padilla v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 2003
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3Cited by2 opinions
- Herrington v. State Ex Rel. Office of the State EngineerNew Mexico Supreme Court · 2006
- Town of Silver City v. ScartacciniNew Mexico Court of Appeals · 2005