Young & Norton v. Hinderlider
New Mexico Supreme Court
Appeal from the District Court for San Juan Count}1' before John R. McFie¡, Associate Justice. The territorial engineer is the only proper authority to pass upon the practicability, public utility and general effectiveness of any proposed system of irrigation in this territory.
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Appeal from the District Court for San Juan Count}1' before John R. McFie¡, Associate Justice. The territorial engineer is the only proper authority to pass upon the practicability, public utility and general effectiveness of any proposed system of irrigation in this territory. Pueblo of Nambe v. Romero, 10 N M. 58, 61; Newcombe v. White, 5 N M. 435; Bull v. Sotithwick,. 2 N M. 321; McCarville v. Boyle, 89 Wis. 651; Howell v. Mills, 53 N. Y. 322; Mills v. Davis, 53 N Y. 349; Appeal of Vaux, 109 Pa. St. 497. The two elements of a valid appropriation of water are (-a) diversion and (b)…
1Opinion of the Court
OPINION OP THE COURT.
ABBOTT, A. J.
We think the decision of the District Court was justified and probably required by the statement of facts on which it was heard, but we find that statement very incomplete and unsatisfactory as the basis of a decision in such a cause. If it were a matter of private interest alone, a question simply between two rival applicants 'for the right to use the waters in question, we should content ourselves with affirming the decision of the District Court. But the question is much broader than that, and includes the public interest as well, by the terms of the…
2Cited by6 opinions
- Tanner v. Bacon, State EngineerUtah Supreme Court · 1943
- Hitchcock & Red Willow Irrigation District v. Lower Platte North Natural Resources DistrictNebraska Supreme Court · 1987
- Shokal v. DunnIdaho Supreme Court · 1985
- Commonwealth Power Co. v. State Board of Irrigation, Highways & DrainageNebraska Supreme Court · 1913
- City of El Paso Ex Rel. Public Service Board v. ReynoldsDistrict Court, D. New Mexico · 1984
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