Bell v. New Mexico Interstate Stream Commission

OPINION

FLORES, Judge.

The opinion filed December 3,1993 is withdrawn and the following substituted therefor.

Plaintiffs appeal the summary judgment dismissing their claims. The basis for the judgment was the district court’s determination that sovereign immunity had not been waived. Plaintiffs raise the following issues on appeal: (1) sovereign immunity is waived pursuant to NMSA 1978, Section 41-4-6 (Repl.Pamp.1989), and that alternatively, (2) there was no sovereign immunity prior to enactment of the Tort Claims Act for proprietary functions of a governmental entity such as the maintenance of…