Ulibarri v. Hagan

OPINION

PAYNE, Justice.

The Ulibarris brought this suit seeking an adjudication of water rights in a certain spring and an ejectment of the Hagans from the land on which the spring was located. The Hagans counterclaimed asking for a determination that they owned both the land and the water rights in the spring. The jury found that the Hagans owned the land and judgment was entered accordingly. That portion of the judgment is not challenged. On the issue of water rights, the court determined that ownership was irrelevant because the predecessors of the parties had entered an agreement to share…