Legal Opinion

Walker v. United States

New Mexico Supreme Court

Decided June 21, 2007No. 29,544PublishedCited by 28 opinions

1Opinion of the Court

OPINION

BOSSON, Justice.

{1} We are asked to answer two questions certified to us by the United States Court of Federal Claims, pursuant to Rule 12-607 NMRA:

1. Does the law of the State of New Mexico recognize a limited forage right implicit in a vested water right?

2. Does the law of the State of New Mexico recognize a limited forage right implicit in a right-of-way for the maintenance and enjoyment of a vested water right?

We answer both questions in the negative.

BACKGROUND

{2} The Walkers own a forty-acre cattle ranch in southwestern New Mexico. 1 Walker v. United States, 66 Fed.Cl. 57, 57-58…

2Cases cited29 opinions

  1. United States v. City & County of San FranciscoSupreme Court of the United States · 1940
  2. United States v. Rio Grande Dam & Irrigation Co.Supreme Court of the United States · 1899
  3. Buford v. HoutzSupreme Court of the United States · 1890
  4. Montgomery v. Lomos Altos, Inc.New Mexico Supreme Court · 2006
  5. State Ex Rel. Martinez v. City of Las VegasNew Mexico Supreme Court · 2004

24 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Rimbert v. Eli Lilly and Co.District Court, D. New Mexico · 2008
  2. XTO Energy, Inc. v. ATD, LLCDistrict Court, D. New Mexico · 2016
  3. Walker v. United StatesUnited States Court of Federal Claims · 2008
  4. Tri-State Generation & Transmission. Ass'n. v. D'AntonioNew Mexico Supreme Court · 2012
  5. Hydro Resources Corp. v. GrayNew Mexico Supreme Court · 2007

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API