State Ex Rel. Reynolds v. Holguin

OPINION

FEDERICI, Justice.

Appellant State of New Mexico, on the relation of the State Engineer (Reynolds) filed this action against appellee (Holguin) for injunctive and declaratory relief in the District Court of Sierra County, seeking to terminate the unlawful diversion of public waters. The court entered judgment on a jury verdict against the State. Upon denial of its motion for a new trial and entry of judgment for Holguin, Reynolds appealed. We affirm in part and reverse in part.

Reynolds determined that Holguin was illegally diverting waters from the Rio Grande. He filed suit to enjoin…