Allocca ex rel. Allocca v. New Mexico Department of Energy Minerals & Natural Resources

OPINION

ALARID, Judge.

This appeal concerns sovereign immunity over claims for damages against various state governmental entities arising out of the operation or maintenance of public works used for the diversion or storage of water. Because Defendants established on the record that Conchas Lake is a work used for the diversion or storage of water, the controlling question concerns whether there are genuine issues of material fact relative to Plaintiffs claim. Finding no issues of material fact, we affirm the district court’s alternative granting of summary judgment in favor of Defendants.

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