State Ex Rel. Reynolds v. Luna Irrigation Company

OPINION

COMPTON, Justice.

The decisive question is whether waters released from storage in Lake Luna in Arizona and thereafter flow downstream in New Meixco are public waters within the meaning of § 75-1-1, N.M.S.A.1953, which provides:

“All natural waters flowing in streams and watercourses, whether such be perennial,' or torrential, within the limits of the state of New Mexico, belong to the public and are subject to appropriation for beneficial use. A watercourse is hereby defined to be any river, creek, arroyo-, canyon, draw, or wash, or any other channel having definite banks and bed with…